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HomeMy WebLinkAbout04-0195JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 2004- 199 CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION - LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND 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(s). 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, Pennsylvania 17013 Phone: (717) 249-3166 JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 2004- / 9L,5 CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION - LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, James L. Lippart and Debbie Lippart, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint: Parties 1. Plaintiffs, James L. Lippart and Debbie Lippart, his wife, are adult individuals residing at 115 South 1st Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Russell S. Owens, M.D., is and at all times hereinafter referred to was, a physician duly licensed to practice his profession as provided by the laws of the Commonwealth of Pennsylvania and engaged in the practice of his profession with Defendant, Mid Penn Urology, Inc., with his main place of business located at 423 North 21 st Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Mid Penn Urology, Inc., is and at all times hereinafter was a corporation duly organized and licensed under the laws of the Commonwealth of Pennsylvania and engaged in the business of operating a medical/urology clinic with its main place of business located at 423 North 21st Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania 17011. 4. At all relevant times herein, Defendant, Russell S. Owens, M.D., was an actual or ostensible agent, servant and/or employee of Defendant, Mid Penn Urology, Inc. 1 General Allegations 5. At all relevant times herein, Plaintiff, James L. Lippart, relied upon the professional judgment, ability and knowledge of Defendant, Russell S. Owens, M.D., who in turn was acting individually and as an actual or ostensible agent, servant and/or employee of Defendant, Mid Penn Urology, Inc. 6. In July of 2002, Plaintiff, James L. Lippart, began experiencing left-sided flank and abdominal discomfort, which he suspected to be the result of kidney stone(s), having experienced kidney stones in the past. 7. On July 9, 2002, a CT scan of the abdomen and pelvis of Plaintiff, James L. Lippart, revealed a 2 to 3 mm. calculus at the left ureteropelvic junction with no hydronephrosis and a small less than 1 mm. calculus in the mid to lower pole of the left kidney. 8. On July 10, 2002 Plaintiff, James L. Lippart, consulted with Defendant, Russell S. Owens, M.D., of Defendant, Mid Penn Urology, Inc., who told him of the kidney stone(s) and recommended that he undergo a ureteroscopy for removal and/or stone manipulation. 9. Defendant, Russell S. Owens, M.D., never advised Plaintiff, James L. Lippart, that the kidney stones could be eliminated through a far less invasive technique, such as extracorporeal shock-wave lithotripsy. 10. On July 12, 2002 Defendant, Russell S. Owens, M.D., unsuccessfully attempted to perform the ureteroscopy on Plaintiff, James L. Lippart, at the Holy Spirit Hospital and, in the course of the ureteroscopy, caused injuries to the ureteropelvic junction and the left ureterovesical junction of the left kidney. Thereafter, a percutaneous nephrostomy and nephrostogram to provide adequate drainage were performed unsuccessfully. 11. As a result of the events of July 12, 2002, Defendant, Russell S. Owens, M.D., with the assistance of John A. Belis, M.D., performed a surgical procedure for ureteral 2 exploration and repair on Plaintiff, James L. Lippart, at the Holy Spirit Hospital on July 13,2002. They were able to locate the stent, identified the ureter which was completely avulsed, mobilized the kidney, removed the stent from the renal pelvis, anastomosed the ureter to the pelvis, and placed the stent across the anastomosis. Plaintiff was discharged from the hospital nine days later, on July 21, 2002. 12. Over the ensuing eleven (11) months, Plaintiff, James L. Lippart, underwent a series of procedures in an effort to heal the damage to and save his left kidney, including, but not limited to, balloon dilation and an incision of the left ureteropelvic junction. 13. However, by May of 2003, Plaintiff, James L. Lippart, had suffered total destruction of his left kidney and a left nephrectomy was performed at the Hershey Medical Center. 14. Plaintiff, James L. Lippart, continues to suffer post-operative complications and pain. Count I: Plaintiff lames L. Liwart v. Defendant Russell S. Owens, M.D. 15. The allegations set forth in paragraphs 1 through 14 above are incorporated herein by reference as if fully set forth. 16. In treating Plaintiff, James L. Lippart, the Defendant, Russell S. Owens, M.D., was required to exercise the reasonable and ordinary care, skill and ability exercised by other members of his profession in the same or similar circumstances. 17. Defendant, Russell S. Owens, M.D., failed to exercise the reasonable and ordinary care, skill and ability exercised by other members of his profession in the same or similar circumstances in that he: a) performed the more invasive ureteroscopic manipulation on Plaintiff, James L. Lippart, to remove the kidney stone, which has a much higher complication rate, as opposed to using extracorporeal shock-wave lithotripsy, which is a minimally 3 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court: CAPTION OF CASE (entire caption must be stated in full) James L. Lippart and Debbie Lippart, his wife, (Plaintiff) VS. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology (Defendant) No. 04-5835 Civil Term 2. James L. Lippart and Debbie Lippart, his wife, (Plaintiff) vs. Russell S. Owens, MD and Mid Penn Urology, Inc. (Defendant) No. 2004-195 . Civil Term State the matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Plaintiff's Complaint and Plaintiffs' Motion to Consolidate Actions Identify counsel who will argue cases: (a) for plaintiff: Leslie M. Fields. Esquire 831 Market Street. Lemoyne. PA 17043 (Name and Address) (b) for defendant: Wiley P. Parker. Esquire, 937 Willow Street, Lebanon, PA 17043 James J. Dodd-o. Esquire 305 North Front Street. Harrisburg, PA 17105 (Name and Address) 3. 4. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: August 24, 2005 sig re Leslie M. Fields. Esquire Print you name Plaintiff Date: July 1. 2005 Attorney for JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS OF DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. FRANK C. D'AMICO, M.D. AND KNIGHT, BOLINE D'AMICO UROLOGY,: DEFENDANTS : 04-5835 CIVIL TERM JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, PLAINTIFFS V. RUSSELL S. OWENS, M.D. AND MID PENN UROLOGY, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0195 CIVIL TERM ORDER OF COURT AND NOW, this --Zb day of September, 2005, the motion of plaintiffs to consolidate the above two captioned cases, IS GRANTED. The cases ARE CONSOLIDATED. By the Court, Edgar B. Bayley, J. Leslie M. Fields, Esquire For Plaintiffs James J. Dodd-o, Esquire For Russell S. Owens, M.D. and Mid Penn Urology, Inc. Wiley P. Parker, Esquire For Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates :sal ?iF?r,n ????1naa?a? ??? ? ?? ???s? ???? CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 1" day of July 2005, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight Bolin D'Amico Urology Associates Gerryanne Cauler, Esquire James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, inc. COSTOPOULOS, FOSTER & FIELDS Leslie . Fields, Esquire <. N n ? ? en ^.. G.. 'C t:+ ? r'? r-- _ .r ? rJ+-; CJ? '!(" ?.? _ 2j &- ?, ? ?? r ?m ??? p ?i :.c invasive procedure; b) negligently performed the ureteroscopy in such a manner as to injure both the left ureteropelvic junction and the left ureterovesical junction of the left kidney upon insertion and/or removal of the ureteroscope; C) negligently performed the multiple manipulations by failing to remove the kidney stone and instead causing the stone to end up sitting in the lower pole of the left kidney; d) failed to repair the injuries to the left ureteropelvic junction and the left ureterovesical junction of the left kidney; e) failed to properly perform, read, report, interpret and comprehend the reports, tests and procedures in connection with Plaintiff Lippart's kidney stones; f) failed to seek and obtain the advice and instruction of qualified specialists or their superiors in the field of urology in connection with his treatment of Plaintiff Lippart; and g) failed to refer Plaintiff Lippart to the appropriate medical specialists in the field of urology who would have properly treated the kidney stones without causing the injuries to and the loss of the left kidney. 18. The negligence, carelessness and/or recklessness of Defendant, Russell S. Owens, M.D., was a substantial factor in causing the injuries to and the loss of the left kidney of Plaintiff, James L. Lippart. 19. Asa direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, by Defendant, Russell S. Owens, M.D., Plaintiff Lippart was caused injuries to and the loss of his left kidney and subsequent complications and pain. 20. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Russell S. Owens, M.D., the Plaintiff, James L. Lippart, has been obligated to receive and undergo medical attention and care and to incur medical expenses, and will be obligated to continue to receive and undergo additional medical attention and care and to incur such additional medical expenses for an indefinite time in the future. 4 21. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Russell S. Owens, M.D., the Plaintiff, James L. Lippart, has suffered physical pain and suffering, mental anguish and humiliation and will continue to so suffer for an indefinite time in the future. 22. Asa further direct and proximate result of the battery committed on the person of Plaintiff, James Lippart, by the Defendant Physician, he has sustained permanent and severe disfigurement and scarring. 23. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Russell S. Owens, M.D., the Plaintiff, James L. Lippart, has suffered a loss of earnings and/or impairment of his earning capacity and power and will continue to so suffer for an indefinite time in the future. 24. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Russell S. Owens, M.D., the Plaintiff, James L. Lippart, has suffered a loss of life's pleasures and will continue to so suffer for an indefinite time in the future. WHEREFORE, Plaintiff, James L. Lippart, demands judgment against Defendant, Russell S. Owens, M.D., in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. Count II: Plaintiff lames L. Lirmart v. Defendant Mid Penn Urologv, Inc.: Vicarious Liability 25. The allegations set forth in paragraphs 1 through 24 above are incorporated herein by reference. 26. At all relevant times herein, the actual or ostensible agents, servants and/or employees of Defendant, Mid Penn Urology, Inc., including but not limited to Defendant, Russell S. Owens, M.D., were acting within the scope of their employment and agency with 5 Defendant, Mid Penn Urology, Inc., in rendering negligent, careless and/or reckless treatment to Plaintiff, James L. Lippart. 27. Defendant, Mid Penn Urology, Inc., is vicariously liable for the negligence, carelessness and/or recklessness of its actual or ostensible agents, servants and/or employees, including but not limited to Defendant, Russell S. Owens, who negligently, carelessly and/or recklessly rendered medical treatment to Plaintiff, James L. Lippart. 28. The negligence, carelessness and/or recklessness of the actual or ostensible agents, servants and/or employees of Defendant, Mid Penn Urology, Inc., including but not limited to Defendant Russell S. Owens, which is imputed to Defendant, Mid Penn Urology, Inc., was a substantial factor in causing the injuries to and the loss of the left kidney of Plaintiff, James L. Lippart, and subsequent complications and pain. 29. Asa direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, which is imputed to Defendant, Mid Penn Urology, Inc., the Plaintiff Lippart was caused injuries to and the loss of his left kidney and subsequent complications and pain. 30. As a further direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, which is imputed to Defendant, Mid Penn Urology, Inc., the Plaintiff Lippart has suffered those injuries and damages set forth in paragraphs 20 through 24 above, which averments are incorporated herein by reference. WHEREFORE, Plaintiff, James L. Lippart, demands judgment against Defendant, Mid Penn Urology, Inc., in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. 6 Count IV: Plaintiff lames L. Lippart v. Defendant Russell S. Owens, M.D.: Medical Batterv/Lack of Informed Consent 31. The allegations set forth in paragraphs 1 through 24 above are incorporated herein by reference. 32. Defendant, Russell S. Owens, M.D., prior to performing the ureteroscopic manipulation on Plaintiff, James L. Lippart, had the duty to obtain his informed consent. 33. Defendant, Russell S. Owens, M.D. advised Plaintiff, James L. Lippart, to undergo a ureteroscopy with possible removal and/or stone manipulation only. 34. Defendant, Russell S. Owens, M.D., never advised Plaintiff, James L. Lippart, that the kidney stones could be destroyed through a far less invasive technique, such as extracorporeal shock-wave lithotripsy, which has a low complication rate. 35. Had Plaintiff, James L. Lippart, been informed that the kidney stones could be more easily handled by the extracorporeal shock-wave lithotripsy, rather than the highly invasive ureteroscopic manipulation, which has a much higher complication rate, he would have opted for the I ithotripsy and never consented to undergo the ureteroscopic manipulation. 36. The performance by Defendant, Russell S. Owens, M.D., of the ureteroscopic manipulation on Plaintiff, James L. Lippart, was without his informed consent and constituted a battery on his person. 37. Asa direct and proximate result of the battery committed on the person of Plaintiff, James L. Lippart, by the Defendant, Russell S. Owens, M.D., the Plaintiff Lippart suffered injuries to and the loss of his left kidney and subsequent complications and pain. 38. As a further direct and proximate result of the battery committed on the person of Plaintiff, James L. Lippart, by the Defendant, Russell S. Owens, M.D., the Plaintiff Lippart has suffered those injuries and damages set forth in paragraphs 20 through 24 above, which 7 averments are incorporated herein by reference. WHEREFORE, Plaintiff, James L. Lippart, demands judgment against Defendant, Russell S. Owens, M.D., in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. Count V: Plaintiff Debbie Lippart v. Defendants: Loss of Consortium 39. The allegations set forth in paragraphs 1 through 38 above are incorporated herein by reference as if fully set forth. 40. At all relevant times herein, Plaintiff, Debbie Lippart, and Plaintiff, James L. Lippart, were lawfully and continuously married. 41. As a direct and proximate result of the medical battery, lack of informed consent, negligence, carelessness and/or recklessness of Defendant, Russell S. Owens, M.D., and the negligence, carelessness and/or recklessness of Defendant, Mid Penn Urology, Inc., jointly and severally, as described in more detail above, the Plaintiff, Debbie Lippart, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, James L. Lippart. WHEREFORE, Plaintiff, Debbie Lippart, demands judgment against Defendant, Russell S. Owens, M.D., and Defendant, Mid Penn Urology, Inc., jointly and severally, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. RESPECTFULLY SUBMITTED: --?-27 -esli M. Fields, Esquire I.D. 0.29411 C STOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS 8 VERIFICATION I, Plaintiff, James L. Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. ?m%s L. L Dart DATED: January -, 2004. VERIFICATION I, Plaintiff, Debbie Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. aeL Debiip vo, DATED: January ') , 2004. JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Merit as to Russell Scott Owens, M.D. I, Leslie M. Fields, Esq. Attorney or Party Name of Defendant certify that: [X ] an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Date [ ] 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 he 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. Tom- (Attorn or Party) JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004- CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION - LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED Certificate of Merit as to Mid Penn UroloQv, Inc. Name of Defendant I, Leslie M. Fields, Esq. Attorney or Party 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 Date [X ] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to he 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. t? ? l? 2//rJY ?/? ? ?/ (Atto y or Party) \ y z r ) - "*?' -"P r-? c_. -L. -n i n `,i THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 3400 Bath Pike Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants: Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. NO.: 2004-195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. in the above matter. BY: Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. Respectfully submitted, THOMAS, THOMA & HAFER, LLP me J. Dodd-o, Esquire Dated: 1 7 -. I o- 275301.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this day of January, 2004, a copy of the foregoing ENTRY OF APPEARANCE was served upon counsel listed below, by United States First Class Mail, postage prepaid. Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP BY: me J. Dodd-o, Esquire Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. 275302.1 Ci ~i lJ rl L? --j -dill 'ern s SHERIFF'S RETURN - REGULAR CASE NO: 2004-00195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS OWENS RUSSELL S MC ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OWENS RUSSELL S MD the DEFENDANT , at 1518:00 HOURS, on the 15th day of January , 2004 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 JACQUELINE MUGGIO, SUITE 300 by handing to ADMINISTRATION a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ??-24,,< day of C???..2,, v7PU f A. D. JJJ JPrcthono/tt? So Answers: R. Thomas Kline 01/16/2004 COSTOPOULOS FOSTER FIELDS By: Deputy riff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS OWENS RUSSELL S MC ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MID PENN UROLOGY INC the DEFENDANT , at 1518:00 HOURS, on the 15th day of January , 2004 at 423 NORTH 21ST STREET CAMP HILL, PA 17011 JACQUELINE MUGGIO, SUITE 300 by handing to ADMINISTRATION a true and attested copy of COMPLAINT & NOTICE 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 16.00 Sworn and Subscribed to before me this ? l w?( day of / ? 07 rrp y' A. D. by 7a bQ ded /7 Prothonotary' So Answers: R. Thomas Kline 01/16/2004 COSTOPOULOS FOSTER FIELDS By:iwt Deputy She f THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 3400 Bath Pike Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants: Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS PRELIMINARY OBJECTIONS OF DEFENDANTS, RUSSELL OWENS, M.D., and MID PENN UROLOGY TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendants Russell Owens, M.D. and Mid Penn Urology (hereinafter "Moving Defendants"), by and through their counsel, Thomas, Thomas & Hafer, LLP, and file the following Preliminary Objections to Plaintiff's Complaint: Plaintiffs, James L. Lippart and Debbie Lippart, his wife, instituted this medical malpractice action by the filing of a Complaint on January 15, 2004. (A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "X). 2. In said Complaint Plaintiffs allege that Defendants Russell Owens, M.D. and Mid Penn Urology, Inc., were negligent regarding the care of James Lippart. Mr. Lippart suffered a kidney stone in July of 2002, for which he was treated by Dr. Owens. 3. Moving Defendants now file Preliminary Objections to Plaintiffs' Complaint, as follows: (1) Preliminary Objection in the Nature of a Demurrer/Motion to Strike Plaintiffs' Claims of recklessness/recklessly/reckless treatment in paragraphs 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30 and 41 of Plaintiffs' Complaint, Pursuant to Pa. R.C.P. 1028 (a) (2) (3) (4); And (2) Preliminary Objections in the Nature of a Motion to Strike Allegations of Agency contained in Paragraphs 26, 27, and 28 in Plaintiffs' Complaint pursuant to Pa. R.C.P. 1029 (a) and 1028 (a) (2) (3), or in the Alternative, Motion for a More Specific Pleading Pursuant to Pa. R.C.P. 1028 (a) (3), for Failure to Specifically plead an Agency Relationship. A. Preliminary Obiection in the Nature of a Demurrer/Motion to Strike Plaintiffs' Claims of Recklessness/Recklessly/Reckless Treatment in Paraeraphs 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, and 41 of Plaintiffs' Complaint, Pursuant to Pa. RC.P.1028 (a) (2) (3) (4). 4. Paragraphs 1-3 are incorporated by reference as though set forth at length herein. 5. Plaintiffs' in their Complaint allege that Moving Defendants were reckless/behaved recklessly/ or displayed recklessness in the care and treatment of Plaintiff James Lippart. See Paragraphs 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30 and 41 of Plaintiffs' Complaint, Exhibit "A". 6. Recklessness has been defined as that type of conduct in which the wrongdoer has "knowledge or reason to know of facts creating a high risk of serious harm to another, and that he make[s] a deliberate choice to act or fails to act in an unreasonable manner in conscious disregard of, or indifference to, that risk." Diggs, Administratix of Turner v. Susquehanna Center and Rehabilitation, et al., 116 Dauph. 485,491 (Clark, J., 1996). 7. Allegations of recklessness and reckless behavior have been used to support claims for punitive damages in the context of medical malpractice claims in Pennsylvania. 8. Pennsylvania has adopted the rule on punitive damages set forth in Section 908 of the Restatement of Torts. Chambers v. Montgomery, 411 Pa. 339, 344, 192 A.2d 355, 358 2 (1963); Medvecz v. Choi, 569 F.2d 1221 (3rd Cir. 1977). Section 908 provides: (1) Punitive damages are damages, other than compensatory or nominal damages, awarded against a person to punish him for his outrageous conduct and to deter him and others like him from similar conduct in the future. (2) Punitive damages may be awarded for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others. In assessing punitive damages, the trier of fact can properly consider the character of the defendant's act, the nature, and extent of the harm to the plaintiff that the defendant caused or intended to cause and the wealth of the defendant. Comment (b) to Section 908 goes on to state: Punitive damages are awarded only for outrageous conduct, that is, for acts done with a bad motive or with a reckless indifference to the interests of others. 9. hi Hoffinan v. Memorial Osteopathic Hosp_, 342 Pa. Super. 375, 492 A.2d 1382 (1985), a patient who was later diagnosed with an affliction causing neurological paralysis was allowed to recover punitive damages against a doctor who had refused to treat him in a hospital emergency room, had told him he was not ill and to go home because the doctor had sick patients to care for, and had ordered his staff not to help the plaintiff up, even after the plaintiff had fallen, crying and unable to move. 10. The Mcare Act, the Medical Care Availability and Reduction of Error Act, sets forth the requirements for sustaining a punitive damages claim in the context of medical malpractice in Pennsylvania. Section 505, Punitive Damages, states in pertinent part: (a) Award. - Punitive damages may be awarded for conduct that is the result of the health care provider's willful or wanton conduct or reckless indifference to the rights of others. 11. Even when read in the light most favorable to Plaintiff and assuming that all facts alleged in Plaintiff's Complaint are true, Plaintiffs have failed to plead sufficient facts to support a claim of recklessness. 12. Plaintiff claims that Dr. Owens negligently performed a ureteroscopy in such a manner as to cause harm to Mr. Lippart, which ultimately resulted in the loss of Mr. Lippart's left kidney. 13. Plaintiff has not alleged any actions on the part of Dr. Owens that would rise to the level of reckless behavior. See Count I of Exhibit "A". WHEREFORE, Moving Defendants, Russell Owens, M.D. and Mid Penn Urology, Inc., respectfully request this Honorable Court to enter an Order striking the allegations of "reckless/behaved recklessly/ or displayed recklessness in the care and treatment of Plaintiff James Lippart in Paragraphs 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, and 41 of Plaintiffs' Complaint, with prejudice. B. Preliminary Obiections in the Nature of a Motion to Strike Alleeations of Aeencv Contained in Paragraphs 26, 27, and 28 in Plaintiffs' Complaint pursuant to Pa. RC.P.1029 (a) and 1028 (a) (2) (3), or in the Alternative. Motion for a More Specific Pleading Pursuant to Pa. R.C.P. 1028 (a) (3). 14. Paragraphs 1-13 are incorporated by reference as though set forth at length herein. 15. In Paragraphs 26, 27, and 28 of Plaintiff's Complaint Plaintiffs allege as follows: (26) At all relevant times herein, the actual or ostensible agents, servants and/or employees of Defendant Mid Penn Urology, Inc., including but not limited to Defendant, Russell S. Owens, M.D., were acting with the scope of their employment and agency with Defendant, Mid Penn Urology, Inc., in rendering negligent, careless, and/or reckless treatment to Plaintiff, James L. Lippart. (27) Defendant Mid Penn Urology, Inc. is vicariously liable for the negligence, carelessness and/or recklessness of its actual or ostensible agents, servants and/or employees, including but not limited to Defendant, Russell S. Owens, M.D., who negligently, carelessly and/or recklessly rendered medical treatment to Plaintiff, James L. Lippart. (28) The negligence, carelessness and/or recklessness of the actual or ostensible agents, servants and/or employees of Defendant, Mid Penn Urology, Inc., including but not limited to Defendant Russell S. Owens, which is imputed to Defendant Mid Penn Urology, Inc. was a substantial factor in causing 4 the injuries to and the loss of the left kidney of Plaintiff, James L. Lippart, and subsequent complications and pain. See paragraphs 26, 27, and 28 of Exhibit "A". 16. With the exception of averring that Dr. Owens was an agent, servant, or employee of Moving Defendant, Mid Penn Urology, Inc., Plaintiffs in their Complaint fail to identify any other alleged agents, servants and/or employees of Moving Defendant. Plaintiffs have attempted to include the catchall phrase of "but, not limited to" in order to include any possible caregiver that had contact with Mr. Lippart. See Exhibit "A". 17. It has been held that a complaint should not only give the defendant notice of what the plaintiff s claim is and the grounds upon which it rests, but also must formulate the issue by summarizing those facts essential to support the claim. Baker v. Raneos, 229 Pa. Super. 333, 324 A.2d 498 (1974). 18. Pennsylvania Courts interpreting Rule 1019(a) have required specificity in pleadings so that the issues of the case are clearly defined and the opposing party is apprised of what the pleading party intends to establish at trial. See e.g. Larsen v. General Hosn. of Monroe Cty., 259 Pa. Super. 150, 393 A.2d 761 (1981), reversed on other grounds, 494 Pa. 244, 431 A.2d 240 (1981); Baker v. Raneos, 229 Pa. Super. 333, 324 A.2d 498 (1974). 19. The need to specifically plead an agency relationship is well established. See Alumni Ass'n v. Sullivan, 369 Pa. Super. 596, 535 A.2d 1095 (1987) and Willinger v. Mercy Catholic Med. Ctr. of Southeastern PA, 241 Pa. Super. 456, 362 A.2d 280 (1976), affd, 482 Pa. 441, 393 A.2d 1188 (1978); see also Colbert v. Notarnacola, 119 Dauphin 75 (1999) (wherein the court held that averments of agency relationships that do not identify the individuals alleged to be within an agency relationship are insufficiently specific and must be stricken). 20. Furthermore, pursuant to Rules 1029(b) and (e), averments in a personal injury action relating to the "identity of [a] person by whom a material act was committed" or to the "agency or employment of such person" must be specifically denied because a general denial of such averments constitutes an admission. See Pa. R.C.P. 1029(b) and (e). 21. Therefore, pursuant to Rule 1029(b) and (e), a defendant has the burden of objecting to allegations of an agency relationship when a plaintiff fails to adequately identify purported agents in a complaint. See Pa. R.C.P. 1029(b) and (e). 22. If no preliminary objection is made, the defendant runs the risk of later being held vicariously liable for the negligent acts of a person who is not the defendant's employee or agent. 23. At the very least, a plaintiff must allege facts which: a) identify the agent by name or appropriate description; and b) set forth the agent's authority and how the acts of that agent fall within the scope of that authority. Alumni Association v. Sullivan, 369 Pa. Super. 596, 535 A.2d 1095 (1987); Mau v. Roth, 114 Dauph. 297 (1994). 24. hi order to comply with Pa. R.C.P. 1029(b) and (e), Moving Defendant must know the identity of those individuals who are alleged to be their agents, servants, and employees in order to know whether to admit or specifically deny such allegations. Willin eg r v. Mercy Catholic Medical Center of Southeastern Pennsylvania, 241 Pa. Super. 456, 362 A.2d 280 (1976), affirmed, 482 Pa. 441, 393 A.2d 1188 (1978). If the vague allegations of agency set forth in Plaintiffs' Complaint are allowed to remain, Moving Defendant would not be able to specifically deny agency, and therefore, agency would be deemed to be admitted. 25. With the exception of identifying Dr. Owens as a servant and/or employee of Moving Defendant Mid Penn Urology, Inc., Plaintiffs have failed to sufficiently identify Mid 6 Penn Urology, Inc.'s agents, servants and/or employees so that Moving Defendant can properly admit or deny their agency. WHEREFORE, Moving Defendant, Mid Penn Urology, Inc., respectfully requests that this Honorable Court grant its Motion to Strike Allegations of Agency contained in Paragraphs 26, 27, and 28 of Plaintiffs' Complaint, or in the alternative, direct that Plaintiffs file a more specific Complaint addressing the identity and acts or omissions of the unnamed individuals referenced within Paragraphs 26, 27, and 28 of the Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP BY: -5) ,,--, Q?u James J. dd-o, Esquire Gerryanne Cauler, Esquire Attorneys for Defendants Russell S. Owens, M.D. Mid Penn Urology, Inc. Dated: 276470-2 l 7 f !71/;30/2004 115:04 FAX " 610 HU 11JJ2 IHUMAS IHUMRS HAhtM + HAKIIISBUMU. Uhu 19 00'd/ult tiuriHlFWS THOMAS 7172 3 77105 _ __.. .... TO: SETHLEHErl Jan'21 2004 e: SIAM GF Modical Protoctiue-COM PRGE: Oq -717 ?27-2629 - j? -TFV-:'6-2004 10140 MID PENN UPOLDGY 717 763 8960 P,62 r i IAMBS L. LIPPART AND DEBBIE • IN THE COURT OF COMMON PLEAS LIPPART, HIS WIFE CUMBERLAND COUNTY, PENN5YLVM4IA Plaintl(fs V. No 2004 /q$ CIVIL RUSSELL S. OWENS, M,D,, MID PENN UROLOGY, INC AND CIVIL ACTION • LAW ., Defendants JURY TRIAL DEMANDED l?2Tl:.12JL YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims, set forth In the following ps es. You must take actlan within twenty (20) days after Notice this, Complllillt and are served, ?y antann a wrihen appearance personally nr by 100 nay and fihna in W4r4 at the Courtyourda?cnse;orabjectlonstothedalmssetlorlhapatnstyou, Youare warned that ftyuu fail to do so the case may pnxeed a without you and a ludggm¢nt m'?y be entered itainst you by the Court without furt her notice For a rtyy m on e y claimod Ih 1he Complain) or for any other claim yr relierrequan by the Plaintilf(s1, You may losemaney or Pro PQnY O r o ther rights imRonent to You. YOU SAGULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU PQ 'NOT HAVE A 1AWYER, CO 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 LEpAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cuminerland'County Oaf AsiociatIon 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (7171249-3166 TRUE COPY FROM R506AD In Eealmonywhorool, I here unto m"hand and trA s of slit COY O I( CUrttalst, h, r 1losrotta?ar? r I 01I;7VIPUV4 Ih: V4 -87, 3IV coo Irvz inumno inumno rnr Ln V, ran:or rNUM: IHUMRS THOMAS 7172377105 _ Jan 21 2004 9:SIAM GE Metl j, e31 Pr?Oge Ctf' a GoIn • 1QN-}6+7004 10:4E. ry1D P214N.UR01-00Y.. PI Ze„ nnnni..uvrc u, o 'lJ vv„v 1? JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE SETHI P14F=M . 1 717 763 e560 P.03 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA atntr s No. 2004• CIVIL RUSSELL S. OWENS, M.D., AND c CIVIL ACTION. LAW MID PENN UROLOCY, INC., . G Defendants JURY TRIAL DEMANDED 1 UAINr s Alm AND NOW come the Plaintiffs, James L. LIppart and Debble Lippart, his wife, by and through their attorney, lemlie M. Fields,:Fiqulre, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows In support of this Complaint: ?lSi?S 1. P141411(k, James L, Lippart and Debbie Lippart, his wife, are adult indl.vtdyalr residing at I15,5outh 1st Street, Lemoyne, Cumberland County, Pennsylvania 17043, 2. Defendant, Russall S. Owens, M.D,, is and of all times hereinafter referred to was, a physician duly licensed to practice his'professlon as provided by the laws of the Commonwealth of Pennsylvanla and engaged In the pracrlce of his professlon with Defendant, Mid Penn Urology, Inc„ with his main place of business located 21423 North 21st street, Suite 300, Camp HIII, Cumberland County, Pennsylvania 17011, 3, Defendant, Mid Penn Urology, Inc., is and at all [imes hereinafter was a corporatlon duly ergenlzedi and licensed under the laws of the Commonwealth of Pennsylvania and enga8ed In the business of operating a medicaVurology clinic with its main place of business located at 423 North 21st Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania 17011, 4. At all.refevsnt timers herein, Defendant, Russell S. Owens , M.D., was an actual or ostensible agent, servant and/or employee of Defendant, Mid Perin Urology, Inc. 3 , t - ? i 01/30/2004 16:04 }AX b I Q tltltl ItQz ImuMHS lmuMn3 mxrnm + pnnrtl JQuna uru LVJ -vvo,v i v .. r..• ?_ e,-r Dr rKUM: (HUMPS THUMPS.: 71723.77105 _ _ _ . - TO:BETHLEHEM . PAGE-06 Jan, 21 21304 e: 51 fin GE Medical Protocri?c Gom 717 227-2e2B JAN-16-7894 10;42 r MID PENN UROLOGY 717 763 096D P.04 General Allavart- 1 11 S, At all relevant times herein, Plaintiff, James L, Lippert, relied upon the professional Judgment, abijity and knowledge of Defendant, Russell S. Owens, M.D., who in turn was acting Individually and as an actual or ostensible agent, servant and/or employee.! of Defenderl, Mid Penn Urology, Inc, 6. In July of 2002, Plaintlff, James L. Lippari, began experiencing left-sided flank and abdominal dlsi comfort, which he suspected to be the result of kidney storie(s), havino experienced kidney stones in The past, 7. On July 9, 2002, a CT scan of the abdomen and pelvis of Plaintiff, James L. Lippart, revealed a 2 to; 3 mm. calculusatthe left ureteropolvic junction with no hydronephrosls and a small late than 1 mm; calculus In the mid to lower pole of the left kidney. 0, On July 10, 2002 Plaintiff, James L. l,Ippan, consulted with Defendant, Russell S. Owens, M.D., pf Defendant, Mid Penn Urology, Inc,, who told him of the kidney slone(s).end recommended that he undargo a ureteroscopy for removal and/or atone manipulation,; 9. Defendant, Russell S. Owens, M.D,, never advised Plaintiff, James L. Llppatt,,That the kidney stones could be olleninated through a far less Invasive technique, suck as extracorporeal chock-wave Whotrlpsy. 10, On July 12, 2009 Defendant, Russell S. Owens, M.D,, unsuccessfully attempted to perform the uroteroscopy on Plaintl(f, James L. Lippart, at the Holy Spirit Hospital and, in the course of the ureteroscopy, caused injuries to the urateropeivic Junction and the left ureterovesical junction of the left kidney, Thereafter, a percutaneous nephrostom t y and naphrostoaram1o provide adequate drainage were performed unsuccessfully, 11. As a result of the events of July 12, 2002, Defendant, Russell S. Owens, M.p,, with the asilstance of John A. Bells, M,D., performed a surgical procedure for ureteral 2 Q;/JU/2VV4 Ib A4 rAA 61V Ubtl " I(VY I'HumA6 INumm, m8ren + NAMNIJUuhU ?ru 481 VVe/V 10 n.. ?. ?? r7=OD rHUn:1,HUMRS THOMAS 7172377105 , .. __ _ _ _ TO:BETHLEHEM PAGE:07 Jan-21 2004 8:61HM GE Heclical PfQCeciive?Com 717 2 7=2629 -" "p.'6 ]RN4e-20214 10e4B MID PENN UPOLOG'r 717 763 8968 P.05 p , exploration and repalr on Plaintiff, James L. Uppart, at the Holy Spirit Hospital on July 13,202. TheIy were able to locate the scant, Identllled the ureter which was completely avulsed, mobilized the kidney, removed the scant from the renal pelvis, anastomosed the ureter to the pelvis, and placed the stenr across the anastomos is. Plaintiff was discharged from ttre hospital nine days later, on July 21, 2002. 12, Over the ensuing eleven (11) months, Plaintiff, James L. Lippart, underwent a series of procedures in an effort to heal thedamage to and save"his left kidney, Including, but not limited to,, balloon dlladon and an incision of the left uretampelvic junction, 13. However, by May of 2003; Plaintiff, James L. Llppart, had suffered tolal destruction of his left kidney and a left nephroctomy was performed at the Hershey Medical Center, 14. pain. Plaintiff, Jamos L. Lippan, conllnues to suffer postoperative complications ind ?Qunt 1, 15. Tho allegations set forth in paragraphs 1 through 14 above are incorporated hereln by reference as' if fully set forth, 16. In trearing Plaintiff, James L. Lippan, the Defendant, Russell S. Owens, M.D., was required to exercise the reasonable and ordinary care, skill and ability exercised by other members of hii profession in the some ar similar circumstances. 17, Defendant, Russell S. Owens, M, p., falled to exercise the reasonable and ordinary care, skill and; abllfty exercised by olher members of his profestion in the same or similar circumstancoo in that he a) performed the more Invasive ureteroscople manipulation on Plaintiff, James L, Lippart toremovethe kidneystona, which has a much higher complication rate, as apposed to u11ng extracorporeal shock-wave Ilthotrlpsy, which is a minimally , 01/30/2004 lb VO hAA b IV bbd I (VZ .. I I1U19814 6MUM8S M81-t11 nuru o inui'iHS 7172377105_, Jan,21.2004 8t51AM GE Medical Protoctiue Com JAN-1`6-7094 10140 MID PENN UR=GY +,.nannisbumo uru LqJvVirvio. T0:8ETHLEHEM 717 227-2829 717 763 8960 PRGE:08 P. as 1 invasive procedure; b) negligently performed the ure(eroscopy in such a manner as to ' injure both the left ueteropelvic junction and the left ureterowesical junction of the left kidney upon iniertlon and/or removal of the ureteroscope; C) nogligongy performed tho multiple manipulations by failin to remove the kidney stone and Instead causing the stone to and up sitting In the lower pole of the loft kidney; dl wiled to rcp4lr the inl1'Wiesto the left uretero elvlcjunctlon and the left ureterovesical junction of the l9h kidney;, el failed to properly perform, read, report, interpret and comprehend there rts, tests and procedures in connection with Plaintiff Lippart's kidney s(ones; 0 ieiled to seek and obtain th© advice and Instruction of quaAflad ipeclalists or their 5wMperIors in the field of urology in connection with his treatment of Pla;ntlff Lippan; and e) failed to refer Plaintiff Lippert to the appropriate medical specialists in' the field of urology who would have property , treated the kidney stones without causing the Injuries to and the loss of the left kidney. 1S. The.. negligence, carelessness and/orraddessness of defendant, Russell S.Owapr, M.D., was a WIDstantial factor in causing the Inlurlns to and the loss of the left kidney of Plaintiff, James •L. Lippan. 19• As ti?cllrect and pioximate ru.;Ult ofthe negligent, careless and/or reckless troatmint of Plaintiff, James L. Llppart, by Defendant, Russell S. Owens, M.D., Plaintiff Lippert was caused Injuries; to and the loss of his left kidney and subsequent complications and paln. 70. As a further direct and proximate result of the nepllaent, careless and/or racklen :treatment by pifendant, Russell S. Owens, M.D„ the Plaintiff, James L. Lippert, has been obligated to raeolve and undergo medical attention and care and to incur medical expenses, and will be obligated to continue to receive and undergo additional medical attention end care and to incor such edditjonal medical expenses for an indefinite time in the future. 4 v.I/JV/LVv4 Ins. vD I-MA 0IV ... IIVG InuMnJ IqumnO n^,in nnnnlJOVnV. vru qr,., vvv,. v.- ^I,-c+ n- G7:ao -KUM:IHUMAS Jan. 21 2004 9:SIFIM THOMAS 7172377105 GE Medical Progepci?e Com T0:t3ETHLEHEM 717 .27- 62 PAGE: 09 P. e TAN-lr-2000 10140 MID PENN UROLOGY 717 763. 9960 P.tfr 21, As *a further direct and proxirnata result of the negligent, careless 4nd/or reckless \ treatment by 6efandant, Russell S. Owens, M.D., the Plaintiff, James L. Llppan, has suffered physical pain and sufiefing, mental anguish and humiliation and will candnue to so suffer for an in4eflnite time in the future, 22, As a further direct and proximate result of the battery committed an the person of Plaintiff, Jamey Lappart, by the Defendant Physician, he has sustained permanent and severe dia?IOurement and scarring,' 23. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Refendant Russell S. Owens, M,D., the Plaintiff, James G. lippatn, has culfared a, lots of earnings and/or Impairment of his earning rapacity and power and will continuo to so auffer for an;indefinite time in the future, 24. As a further direct and proMIMRto result of the negligent, careless and/or rockrass treatment by Defendant, Russell S. Owens, M.D., the Plaintiff, James L. Lippert, has suffered a loss of life's pleasures and will continue to so suffer for an Indefinite time in the futurpt WHEREFORE, Plaintiff lames L. Lippa?t, demandsJudgmentagainst Defendant, Russell 5. Owens, M, D„ In an amount In excess of the compulsory erbltration limits, plus casts and interest as prov.ldilid by law.' i VIC3No u 1 fatY lb . 25. The allegations sit forth in paragraphs 1 through 24 above are Incorporated herein by reference. I , 26,` At 'all relevant limos herein, the aetual or ostensible agenrs, servanla andror employees of Defendant, Mid Penn Urology, Inc,, including: but not limited to Defendant, Russell S. Owens, M.D., were aaing within the scope of their employment and agency with . s i VI/3V/ZVV4 Ib. VO rnn OIV tlb0 II" ImummJ InummJ 'nArnn + nmmmiSounu uru '..I VVol V Io .. JHN-el 04 09159 FROM•THOMFS-THOMPS 7172377105 TO!SETHLEHEM PRGE:10 Jan 21 2004 e.51119M GE "Medical. Protective*Com -717.227'-euzs P. 1FM-i?a-2004 10:40 MID PENN UPOLOGY 717 763 0%9 P,as Defendant, Mid Penn Urology, Inc., in rendering negliannt, careless end/or reckless treatment to Plaintiff, James L. Lippert 27,_ Defendant, Mid Penn Urology, .Inc., is vicariously liable for the negligence, carelessness and/or recklessness of its actuel orostensible agents, servants and/or employees, including but riot limited to. Defendant, Russell S. Owens, who neaiigently. carelessly and/or recklessly rencjered medical treatment to Plaintiff, Ames L, Lippan• 28. 'The nagIIgence„carelessnossand/or reckless nassoftheactualorostansibleaganes, servants and/or employees of Defendant, Mid Penn Urology, Inc., including but notlimited to Defendant Russell S, Owens, which Is imputed to Defendant, Mid Penn Urology, Inc., was a substantial fattor in causing the injuries to and the loss of the left kidney of PIaIntlili ?ames L. Lippart, and subsequent complications and pain 29. As a direct and proximate result of the negligont, careless and/or reckless treatment of Plaintiff, James L. Llppart, which is Imputed to Defendant, Mid Penn Urology, Incil, the Plaintiff Lippan was cau6gd injuries to and the loss of his left kidney and ubsa4uent complications and pain. 30. As a further direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, which Is imputed to Defendant, Mid Penn Urology, Inc., the PWnti?ff Lippan has suffered those Inlurics and damages set forth In paragraphs 20 through 24 above, which averments are incorporated herein by referencra, WMFREFORF, Plaintiff, Ames L. Llppart, domands Judgment against Defendant, Mid Penn Urology, I,nc.r in an amount in excess of the compulsory e?bitratlon limlts, plus costs and Iniarest as provided by law. t , s f i I , , f VI1JV/LVV9 Io, VJ r11F 0IV .000 1IVZ Inumnu ,n gin 101rn1 Ln I I nnn r.s c ? 11 v V I I yJvivlvi? .I mlV-ci 09 0n[:D'7 i-HUM:THOMAS THOMAS 7172377165 TO:BETHLEHEM PRGE•11 Jan.21 2004 9:51RM GE Medical PrGtoptiue Corn 717 227-2929 p.st JAN-1`6.21094 101.41 i. MID PENN LROLDGV 777 763 Me P.09 I Count IV: P12intlo.40 L 1n8ai%y dgndant Rues_tl S. Qyjeal M n Medical Battery/Lack of Informed Consent 3 t, The allegations setforth in paragraphs t through 24 above are incorporated heroin by reference. 32. Defendant Russell S. Owens, M.o., prior to performing the ureleroscppic manipulation on Plaintiff, James L, Lippart, had the duty to obtaln his informed consent. 33, Defendant, Russell S. Owens, M.D. advised Plaintiff, James L. Lippert, to undergo a urereroscopy with possible removal and/or stone manipulation only. u 34. Defendant, Russell S. Owens, M, D., never advised Plaintiff, James L. Llppart,.that the kidney stones could be dostroyed through a far less Invasive technique, such as extracorporealishock•wave llthotripsy, which has a low complication rate. 35. Had Plaintiff James L. Lippart, boon informed that the kidney stones could be more easily handled by the extracorporeal shock-wave lithotripsy, rather than the, highly invasive urelemscoplc manipulation, which has a much higher complication tale, he. would have opted for 'the Ifrhoirlpsy and neverconsP.nied to undergothe ureteroscopic manipulation. 36. The performance by Defendant, Russell S. Owens, M.D., of the ureterpscopic manipulation on Plaintiff, James L. I.ippart, was without his Informed consent and constituted a battery on hi person. 37, As a direct and proximate resull of the battery committed on the person of Plaintiff, James L. Lippart, by the Defendant, Russell S. Owens, M,D., the Plaintiff Lippart suNered injuries to and:the loss of his left kidney and su6t9quani complications and pain. 38. Asa further direct and proximate result of the bakery committed on the person of plaintiff, James L. Lippart, by the Defendant, Russell S. Owens, M.D., the Plaintiff Lippart has suffered th'ose injuries and damases'sat forth in paragraphs 20 through 14 above, which 7 1 01./30/2004.16:05-FAX 610 8bU 1l9Y [HUM; IMUMH; MArtK ?d,iv-ci rti G7:nb F-KUM:_THOMAS.THOMAS 7172377105 70 Jan 21 2004 B:52Qry GE nedicol Proxeatslue com iFiN-f6.20e4 10..41 MID PENN URCLory ' ;+ MnnnisbUNU UrU 42IU r IV ro BETHLEHEM PAGE:12 7 227-ZB29 P- 71? 763 8960 P,30 averments are-incorporated herein by reference. WHEREFORE, Plaintif(,James L, Uppart, demandsjudament against Defendant, Russell - S, Owens, In an amount in excess of the compulsory arbitration limits, plus coin and Interest as prodded by law. Count V: Plaintlff Debble I? v p f nd?n c ns f 39. The allegations setfonh in paragraphs 1 through 38 above ara incorporated herein by reference rA If fully sat forth. qo. At all relevant times herein, Plaintiff, Debbie Lippart, and Plaintiff, James L. Lippert, were lawfully and continuously married. 41. As;a direct and proximate result a(the medical battery, lack of Informed oensent, negilgenee, carelessness and/or recklessness of Defendant, Russell S, Owens, M.D„ and th• neylijence, carelessness and/or redlessnesSbfDefendant, Mid Penn Urology, inc., jointly and severally, as described in more detail above, the Plaintiff, Debbie Lippert, has suffered a!loss of consortium, society and companionship of her husband, the Plaintiff. Jaynes L. Lippert. WHEREFORE, Plaintiff, Debbie Uppart, dernandi judgment against Defendant, Russell 5. Owens, M, D., and defendant, Mid Penn urology, Inc,, jointly and severally, in an amount in excess of the compulsoryerbitration limits, plus costs and Interest as provided by law; P15PECTFULLY SUBMITTED; {es i c s, kcqu re I.D. 0. 29411 Cd TOPOULOS, FOSTER a FIELDS 831 Market Street/P.O. Boa 132 Lomoyn' Pennsylvania 17043 Phone; (717) 761.2121 ATTORNEY FOR PLAINTIFFS f , 8 i i 01/30/2004 16;05 FAX 610 966 1702 THOMAS THUMA.i HARK + HAHHIJ6UH6 UhU 10012/Olo JAN-21 04 10.00 FRDM:THOMgS.THOMAS 7172377105 _ TO: BETHLEHEM PRGE:13 .Ian 21.20049:52nM GE Medical ProTocrive Com 717 227-2829 P. 2 JAN-16-2eew 10:41 • MID PFM GRg0r4y' 717 767 696a • P. 11 i . I VERIFI _71QN I, Plaintiff, lames L. Lipari, do herebyverify shat the statements made in theferegoinif document are true and correct to the best of my information and belief, I understand that faftt statements made herein are subject to the penal Get at 16 Pa.C,S.A• 4904 Waiting I* wnsworn Falsification tq tuthorftW, . ames L. 1. rt ', DATED: Janldary-X, 2004 f 01/30/2004 16:0b FAN 610 666 1f02 PmUmAS InumAS m8r¢n nnnniaaunu uru QJ V,.1V ., JAN-21 04 10:00 FROM:THOMAS THOMAS 7172377105 TO:BETHLEHEM PAGE:14 Jan 21 2004 0:52AM GE Medical Protective Gam 717 287-282 JPN-36-2004 10:41 MID pi;NN uROLOGY 717 769 8960 P.12 a 9 7 I, Plaintiff, Debbie Lipp an, do hereby verify that the Astemon% mode in the for1Eoinil document are true and correct to the best of my information and belle(. I understand that false statements made haroln are subject to the penalties at 18 Pa.C,S.A. 4904 relating to uniworrl falsification tolauthoritles. i C)qbble LippArt DATED: January 2004. r i f , ?I 1 JI(JV/GVVY IP.VJ'rMA IJtV 000 1IV4 1nummJ Inumno nnrcn nnnnioouna uru WJV t,IV,v JRH-21 04 10:00 FROM:THOMAS THOMAS 7172377105 TO:BETHLEHEM PRGE:15 .Ian 21 2004 8:52RM GE Medical Protocti've gem 7T`--2'2`T=2 SA44-28+2004 10,41 MID PENN LIRIL05'i 717 753 8960 P.0 , IAMFS L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE; CUMBERLAND COUNTY, PENNSYLVANIA Plaln0g; Y No. 2004. CIVIL i , RUSSELL S. OWENS, M.D., AND CIVIL ACTION- LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED Csrtillcate of N[onr as to _ Russell g Coll wpu LA D Name of Dsfbadsnt . 1. -J polio hi iie'dill 91d. Attorney or Putt (X ) is appropriate licensod professional bas supplied a written gttttemant to the aedersigned that there is a basis to conclude that the cum, skill or latawledle, a erelsed or exhibited by this defrrrdant Irt the treehnatk pnctlea or work dtmi is 16 subject orthe complaint, fell outside 4ceeptabls profeasionalldandarde and that such conduct was a cause it bringing about the hum; OR f ] the claim that this defendant derisiod from anscceptsble professional standard is ~ Lued aololy on allegations that other licensed profensioWi for whom this defendant in recponaible deviated from on acceptable profeselonal %WW&rdland an appropriate licensed professional has suppliaq a written statement to he undersigned that there to it basic to conclude that the sane, skill or Imawledob eaorciaed or vxhibhed by the other lioeneod professionals in the treatment, practice or worts that is the subject of the complaint, fell outside "ceptable 1 professional standards mad that such conduct was a cause in bringing about the ham; OR F (] expert testimony of an appropriate liocnsrd professional is unnoces cry for prosecution of the claim agelnot this de(endant. Date: map). /1 7D'?4 I l • (Attont or Party) i I ?. I t l 01/30/2004 18:08 FAH 610 868 1702 THOMAS THOMAS HAEEK + HAHH15HUKI$ uHU ? Vt0/V 10 JAN-21 04 10:00 FROM:THOMPS THOMAS 7172377105 TC:@ETHLEHEM PPGE:SE Jan 21 2004 8:52VIN GE Helical Pro%OCEIVO+ Cam 71? 227-2629 15 JPN-Y6-2004 10141 MID PENN LiR6-OQY. 717763 atfis F.14 JAMES L. LIPPART AND DEBBIE LIPPA;RT, HIS WIFE, Plalntiffs f y. RUSSELL S. OWENS, M.D.. AND MID PENN UROLOGY, INC., 0afendants s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 CIVIL CIVIL ACTION ' LAW : JURY TRIAL DEMANDED Certificate cf Merit m to _IdId Pte. n j 1YAla? y Name ofDofendant L I-ellimbd- i Ria ?- . Cartlfj' 1ha1: Attomty Or Party [ 1 ;an appropriate liocnsodprofeasional has supplied a ouritten ateternentlo the undersigned that there is a basis to coreeluds that the care, tlciil of knowledge exercised or and hited by this deh.p4mt in the tros went, prsatioe or work that is the subieet otthe complaint, fell outside aecept6isproressienal standards and ?thml such wnduct was a onusc in bringing about the hwm; OR 1 fx ] the clalln that ihu dufundant deviated from an acceptable professional r."darp is baled solely on allegation. the ether licensed proftenionslet for whom this defendant is rosponsiblo dmi" Arm an acceptable professional snadad VW an appropriate lioerued professional has lupplud a written statement to he undorsignod-thss there is a bmia to conclude that the care, skill a knowledge , extaci?ed or exhibited by The other licaumd profcesionalt in the heatmmt, , praorics or work that is thn suajcct of the complaint, fall outside aacuptable prafoeslottal standards and that such cpnducl waa a cause in bringing aboul the hum; OR i expert tssarnony of an appropriate licensed professional is unn"6314ry for ; i prosecution of the claim against this defendant. Deta,_ 6d 1? ,syuy (A y ar Tray) ? I . i .. J TOTM P.14 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: 91e? t-ems u? _ Gerryanne auler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: C), N F n., . ,, rn 1 ` '.CJ f}'I } ?,' tJ n L' ;1) IV `? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants No. 2004-195-CIVIL 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendants, Russell Owens, M.D. and Mid Penn Urology, to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) For Plaintiff: Leslie M. Fields, Esquire Address: 831 Market Street P.O. Box 222 Lemoyne, PA 17043 (b) For Defendant: Gerryanne Cauler, Esquire Address: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 21, 2004 Dated: March 5, 2004 281557.1 Gerryanne auler, Esquire Attorney for Defendants CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: A,- Gerryanne Cauler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: :5-5-M 281667.1 (? C: N e? o Q .ry co K'? ? Ti l t _ . _" L7 I C7 ?' W Jft1 O W THOMAS, THOMAS & HAFER, LLP By: Gerryanne Cauler, Esquire Attorney Identification No. 90539 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 Attorneys for Defendants: Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Please enter the appearance of Gerryanne Cauler, Esquire, as attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. in the above matter. Respectfully submitted, Dated:_ 275301.2 THOMAS, THOMAS & HAFER, LLP BY: Gerryann Cauler, Attorney I.D. No. 90539 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. TO THE PROTHONOTARY: CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER 8, F=IELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 DATE: ?` UL( 275301.2 THOMAS, THOMAS & HAFER, LLP Gerryan a Cauler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA '17108-0999 N c G U -n = r '? ? n ? ? n7 'rr Fn U) ? r' ? `t3 n . T? y C. Urn THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS CERTIFICATE PREREQUISITE TO SERVICE 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 the subpoena with a copy of the subpoena attached thereto was mailed or delivered to counsel for each party; (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; (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. THOMAS, THOMAS & HAFER, LLP Date: y ?_cly GERRYANNNCAULER, ESQUIRE I.D. 90539 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7053 ATTORNEY FOR DEFENDANTS THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendants intend 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 no objection is made, the subpoena may be served. THOMAS, THOMAS & HAFER, LLP GERRY NNE CAULER, ESQUIRE 305 N. FRONT STREET P. O. BOX 999 HARRISBURG, PA 17108-0999 Date: (717) 441-7053 ATTORNEY FOR DEFENDANT To: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011-2288 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court ProthonotaryiClerk, Civil Division Deputy at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 9 99 Harrisburg PA 17108-0999 (Address) CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: G?er`ryane Caul=er, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108.0999 DATE: CERTIFICATE OF SERVICE I, GERRYANNE CAULER, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP GERRYA E CAUL SRE E QUIRE Date: 7-W vy/ ?.> c? ` t 'Tl _, r--';s< w _?? T rim T'r?? { In `?(,_ r' r < 4) JAMES L. LIPPART and DEBBIE LIPPART, his wife, Plaintiffs V. RUSSELL S. OWENS, M.D., and MID PENN UROLOGY, INC., Defendants BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 21" day of April, 2004, upon consideration of the Preliminary Objections of Defendants, Russell Owens, M.D., and Mid Penn Urology, Inc., following oral argument held on April 21, 2004, and pursuant to an agreement of counsel, it is ordered and directed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-195 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARI' OBJECTIONS TO PLAINTIFFS COMPLAINT 1. References in Plaintiffs' complaint to agents, servants and/or employees are to be construed as referring only to employees of Defendant Mid Penn Urology, Inc.; 2. Plaintiffs are not seeking, and will not seek, punitive damages in this case; and 3. Pursuant to these agreed-upon constructions of the complaint, Defendants' preliminary objections are deemed moot. Leslie M. Fields, Esq. David J. Foster, Esq. 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Attorneys for Plaintiff 5? A 01A -OA BY THE COURT, HilvVr1U, NN3d Q I .z sad ZZ 8dn Wz i .o?? ucvd? 31Hl ?O 3 ;1 L?0--CGly /James J. Dodd-o, Esq. Gerryanne Cauler, Esq. 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant :rc JAMES L. LIPPART and IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, His Wife, OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION - LAW V. NO.: 2004-1195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS NOTICE TO PLEAD TO: James and Debbie Lippart, Plaintiffs CIO Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST' YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP James J. odd-o, Esquire 'CI Gerryanne Cauler, Esquire DATE: THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 By: Gerryanne Canter Attorney Identification No. 90539 3400 Bath Pike Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants: Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS ANSWER WITH NEW MATTER OF DEFENDANTS :RUSSELL S. OWENS AND MID PENN UROLOGY TO PLAINTIFFS" COMPLAINT AND NOW, comes the Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. (hereinafter referred to as "Answering Defendants"), by and through their attorneys Thomas, Thomas & Hafer, LLP to respond to Plaintiffs' Complaint and in the support of the same, avers as follows: Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph of Plaintiffs' Complaint and the same is denied and proof thereof is demanded at time of trial. 2. Denied as stated. It is admitted that Russell S. Owens, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his principle place of business located at 423 North 21" Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania 17011. At all relevant times hereto, Defendant Dr. Owens specialized in the practice of urology and was associated with Mid Penn Urology, Inc. 3. Denied as stated. It is admitted that Mid Penn Urology, Inc. is a corporation duly licensed under the laws of the Commonwealth of Pennsylvania and at all relevant times was operating a medical/urology clinic with its main place of business located at 423 North 21s` Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Denied as stated. Defendant Russell S. Owens, M.D., at all relevant times was a partner physician and employee of Mid Penn Urology. 5-14. Denied. The allegations in these paragraphs are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. Answering Defendants deny Plaintiffs' characterization of events as written in Plaintiffs' Complaint. By way of further answer, Defendant Russell S. Owens, M.D., at all relevant times was a partner physician with Mid Penn Urology. With respect to the professional involvement of Answering Defendants in this matter, Answering Defendants aver that at all times they acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they are in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. Answering Defendants incorporate by reference, James L. Lippart's medical records from Mid Penn Urology and Holy Spirit Hospital. 2 COUNT I: PLAINTIFF JAMES L. LIPPART V. DEFENDANT RUSSELL S. OWENS. M.D. 15. Answering Defendants incorporate paragraphs 1-14 above as if fully set forth herein. 16-24. Denied. The allegations contained in these Paragraphs and subparagraphs are conclusions of law as opposed to statements of fact and no response is required. Nonetheless, with respect to his professional involvement in this matter, Answering Defendant avers that he at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James. L. Lippart. Answering Defendant further denies these allegations pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant demands judgment in his favor against Plaintiffs without cost to him. COUNT II: PLAINTIFF JAMES L,. LIPPART V. DEFENDANT MID PENN UROLOGY. INC. VICARIOUS LIABILITY 25. Answering Defendants incorporate paragraphs 1-24 above as if fully set forth herein. 26. The averments contained in Paragraph 26 of Plaintiffs' Complaint are admitted in part and denied in part. It is admitted that at all times relevant hereto, Dr. Russell S. Owens was an employee of and physician partner with Mid Penn Urology Inc., acting within the scope of his employment. To the extent that the averments contained in Paragraph 26 of Plaintiffs' Complaint fail to specifically identify any other authorized agents, servants, or employees, the responding Defendant is without sufficient knowledge or information to either admit or deny said averments, and they are specifically denied pursuant to the Pennsylvania Rules of Civil Procedure. In all other respects, the averments contained in Paragraph 26 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 27. The averments contained in Paragraph 27 of Plaintiffs' Complaint are admitted in part and denied in part. It is admitted that at all times relevant hereto, Dr. Russell S. Owens was an employee of and physician partner with Mid Penn Urology Inc., acting within the scope of his employment. To the extent that the averments contained in Paragraph 27 of Plaintiffs' Complaint fail to specifically identify any other authorized agents, servants, or employees, the responding Defendant is without sufficient knowledge or information to either admit or deny said averments, and they are specifically denied pursuant to the Pennsylvania Rules of Civil Procedure. In all other respects, the averments contained in Paragraph 27 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 28. Denied . The averments contained in Paragraph 28 of Plaintiffs' Complaint are admitted in part and denied in part. It is admitted that at all times relevant hereto, Dr. Russell S. Owens was an employee of and partner physician with Mid Penn Urology Inc., acting within the scope of his employment. To the extent that the averments contained in Paragraph 28 of Plaintiffs' Complaint fail to specifically identify any other authorized agents, servants, or employees, the responding Defendant is without sufficient knowledge or information to either admit or deny said averments, and they are specifically denied pursuant to the Pennsylvania Rules of Civil Procedure. In all other respects, the averments contained in Paragraph 28 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response: is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 29. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent that a response may be deemed required, Answering Defendants aver that with respect to their professional involvement in this matter, they acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances, and they were in no way negligent or caused or contributed to cause any injury or damage to Plaintiff. Answering Defendants further deny these allegations pursuant to Pa.R.C.P. 1029(e). 30. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent that a response may be deemed required, Answering Defendants aver that with respect to their professional involvement in this matter, they acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances, and they were in no way negligent or caused or contributed to cause any injury or damage to Plaintiff. Answering Defendants further deny these allegations pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants demands judgment in their favor against Plaintiffs without cost to them. COUNT IV: PLAINTIFF JAMES L. LIPPART V. 31. Answering Defendants incorporate paragraphs 1-30 above as if fully set forth herein. 32. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent that a response may be deemed required, Answering Defendant avers that with respect to his professional involvement in this matter, he acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances, and he was in no way negligent or caused or contributed to cause any injury or damage to Plaintiff. Answering Defendant further denies these allegations pursuant to Pa.R.C.P. 1029(e). 33. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. 34. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. By way of further answer, with respect to the professional involvement of Answering Defendant in this matter, Answering Defendant avers that at all times he acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. Answering, Defendant incorporates by i Plaintiffs' Complaint does not contain a Count III, labeling of the Defendants' Answer has been written to maintain consistency with Plaintiffs' Complaint. reference, James L. Lippart's medical records from Mid Penn Urology and Holy Spirit Hospital. 35. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. By way of further answer, with respect to the professional involvement of Answering Defendant in this matter, Answering Defendant avers that at all times he acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. 36. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. By way of further answer, with respect to the professional involvement of Answering Defendant in this matter, Answering Defendant avers that at all times he acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. 37. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. By way of further answer, with respect to the professional involvement of Answering Defendant in this matter, Answering Defendant avers that at all times he acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. 38. Denied. The allegations in this paragraph are denied pursuant to Pa. R.C.P. 1029 (e) and strict proof thereof is demanded at time of trial. By way of further answer, with respect to the professional involvement of Answering Defendant in this matter, Answering Defendant avers that at all times he acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that he was in no way negligent, or otherwise caused or contributed to cause any injury or damage to James L. Lippart. WHEREFORE, Answering Defendant demands judgment in his favor against Plaintiffs without cost to him. COUNT V: PLAINTIFF DEBBIE LIPPART V. DEFENDANTS LOSS OF CONSORTIUM 39. Answering Defendants incorporate paragraphs 1-38 above as if fully set forth herein. 40. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph of Plaintiffs' Complaint and the same is denied and proof thereof is demanded at time of trial. 41. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph of Plaintiffs' Complaint and the same is denied and proof thereof is demanded at time of trial. Moreover, the allegations contained in this paragraph of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent that a response may be deemed required, Answering Defendants avers that with respect to their professional involvement in this matter, they acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances, and they were in no way negligent or caused or contributed to cause any injury or damage to Plaintiff. Answering Defendants further deny these allegations pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants demands judgment in their favor against plaintiffs without cost to them. NEW MATTER By way of further response to the allegations contained in Plaintiffs' Complaint, Answering Defendants hereby raise the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 43. Answering Defendants hereby incorporate their responses to Paragraphs 1 through 42 of this Answer as if fully set forth herein. 44. Plaintiffs' Complaint fails, in whole or in part, to state a claim against Answering Defendants upon which relief can be granted. 45. At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Answering Defendants. 46. All care and treatment rendered to James L. Lippart by the employees, agents, apparent agents and/or servants of Answering Defendants were at all times appropriate, reasonable and within the required standards of medical care and did not cause any injury or damage to Plaintiff. 47. Insofar as the Answering Defendants or any person for whom they are or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ from another appropriate treatment modality, then said Answering Defendants raise the "two schools of thought" defense. 48. Whatever injuries and damages, if any, sustained by Mr. and Mrs. Lippart as averred in the Complaint were caused, in whole or in part, by persons or entities over whom Answering Defendants had no duty to supervise or control and, therefore, Answering Defendants are not liable and Plaintiff may not recover against them. 49. Whatever injuries and damages, if any, sustained by Mr. and Mrs. Lippart as averred in the Complaint were not caused by the conduct or negligence of Answering Defendants, but were caused, in whole or in part, or were contributed to by pre-existing medical conditions of James L. Lippart, beyond the control of Answering Defendants and, therefore, Plaintiff may not recover against them. 50. In the event that it is determined that Answering Defendants were negligent with regard to any of the allegations contained in, and with respect to Plaintiffs' Complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendants and over whom Answering Defendants had no control, right or responsibility and, therefore, Answering Defendants are not liable. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the pre-existing conditions of James L. Lippart, then the conduct of Answering Defendants was not the legal cause of such conditions or injuries. 10 51. Any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 52. To the extent applicable or to the extent that it may later become applicable, Answering Defendants plead the statute of limitations to personal injury actions to preserve this affirmative defense for the record. 53. Answering Defendants assert for the purpose of preserving the same and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 54. Answering Defendants assert all defenses and immunities afforded under the Health Care Services Malpractice Act, as amended. 40 P.S. §1301.101, et seq. 55. Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and as applied herein. 56. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (MCare) Act a/k/a Act 13 of 2002 as a limit/bar to Plaintiffs' claims. 57. Answering Defendants are entitled to and assert all defenses available to them under the Fair Share Act, 42 Pa. C.S. § 7102B. 58. Any additional allegation of negligence other than as specifically set forth in Plaintiffs' Complaint based on Plaintiffs' allegation of negligence are or will be barred by the applicable statute of limitations. 11 WHEREFORE, Answering Defendants demand judgment in their favor and against plaintiffs without cost to them. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 7 ?A . 4 ?J James J. odd--a, Esquire Identification No. 07186 Genyanne Cauler, Esquire Identification No. 90539 305 North Front: Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 Attorneys for Defendants: Russell S. Owens, M.D. and Mid Penn Urology DATE: 5 -l ` - m 292466.1 12 VERIFICATION I, RUSSELL S. OWENS, M.D., Defendant in the within matter, have read the foregoing DEFENDANTS' RUSSELL S• OWENS, M.D. AND MID PENN UROLOGY, ]CNC.'S RESPONSE TO PLAINTIFFS' COMPLAINT and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C..`>1 4904 relating to unsworn falsification co authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me.to the penalties of 18 Pa.C.S. 4904. // BY RUSSELL S. OWENS, Date: 282481.1 VBRIFr I ON I, ALLEN S. WENGER, M.D-, President of Mid-Pena Urology. Inc., have read the foregoing DEFENDANTS, RUSSELL S, OWENS, M.D. AND MID PENN UROLOGY, INC.'S RESPONSE TO PLAINTIFFS, COMPLAINT and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authoritieo; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. 4904. BY: S. WbXzlz c, VA-. - Date: L? 282481.1 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: Gerryanne auler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: S - (q JAMES L. LIPPART and DEBBIE LIPPART, HIS WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL RUSSELL S. OWENS, M.D., and MID PENN UROLOGY, INC., CIVIL ACTION -LAW Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., AND NOW, come the Plaintiffs James Lippart and Debbie Lippart, his wife, by and through their counsel, to reply to Defendants New Matter as follows: 43. No answer required. 44. Denied. 45. Denied. 46. Denied. 47. Denied. 48. Denied. 49. Denied. 50. Denied. 51. Denied. 52. Denied. 53. Denied. 54. Denied. 55. Denied. 56. Denied. 57. Denied. 58. Denied. WHEREFORE, Plaintiffs demand judgment in their favor. RESPECTFULLY SUBMITTED, Leslie M. ields, Esquire I. D. N 9411 COSTOPOULOS, FOSTER & FIELDS 831 Market StreetfP.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761.2121 ATTORNEY FOR PLAINTIFFS Date: May 20, 2004 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 20th day of _.May _2004, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Gerryanne Cauler, Esquire James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS Leslie M. ields, Esquire c ? o Y? ._? .?- ` b ?-{ CAi t°:? ?? -r?? r ' ? C? ? , Y? C ` ? G t'tT -c? .. ? ,, f (1J :{ THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esq., ID #44678 Gerryanne Cauler, Esq., ID #90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Pena Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. NO.: 2004-195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS CERTIFICATE PREREOUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about May 14, 2004, to serve subpoenas upon West Shore Family Practice and Knight, Boline, D'Amico Urology Associates. 2. A copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has been waived by all parties as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP BY: James J. 5dd-o, Esquire Gerryanne Cauler, Esquire Attorneys for Defendants / f Russell S. Owens, M.D. Date: l Mid Penn 1Jrology, hic. THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 20C14-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS To: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Defendants intend to serve subpoenas upon West Shore Family Practice and Knight, Boline, D'Amico Urology Associates identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP GERRYANNI? CAULER, ESQUIRE 305 N. FRONT STREET P. 0. BOX 999 HARRISBURG, PA 17108-0999 \\1?? (717) 441-7053 Date: ` ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. NO.: 2004-195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Knight Boline D'Amico Urology Associates, The Rose Garden, Ste. 3C, 2626 N. 3rd Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy at: Thomas. Thomas & Hafer. LLP 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999 (Address) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. NO.: 2004-195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, West Shore Family Practice, 550 N. 1:2th Street, Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy films. at: Thomas Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-0999 (Address) CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: 11 Gerryanne auler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants DATE: CERTIFICATE OF SERVICE I, RENEE K. HOSTETTER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP Date: HO TIER, PARALEGAL N_ y m F= fr7 G-1 O THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esq., ID #44678 Gerryanne Canter, Esq., ID #90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and NO.: 2004-195-CIVIL MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about July 12, 2004, to serve subpoenas upon Hershey Medical Center and Community General Osteopathic Hospital. 2. to this Certificate. 3. The 20-day period for filing and serving objections to the subpoenas has been waived by all parties as evidenced by the attached correspondence. 4. The subpoenas which will be served is identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: c?oZ v A copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached BY: -L?C?-o James J. D( Rd-o, Esquire Gerryanne Cauler, Esquire Attorneys for Defendants Russell S. Owens, M.D. Mid Penn Urology, Inc. THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc IN THE COURT OF COMMON! PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS To: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. 0. Box 222 Lemoyne, PA 17043 Defendants intend to serve subpoenas upon Hershey Medical Center and Community General Osteopathic Hospital identical to the subpoenas 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 subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP GERRY NE CAULER, ESQUIRE 305 N. FRONT STREET P. 0. BOX 999 HARRISBURG, PA 17108-0999 L? (717) 441-7053 Date: ?, ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY Of= TWELVE PERSONS TO: Custodian of Records, Community General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy films. at: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108-0999 (Address) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 20C14-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hershey Medical Center, 500 University Drive, Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy alms. at: Thomas Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburg. PA 17108-0999 (Address) CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By:_ Gerryanne auler, Esquire Attorney I.D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants DATE:1') to 4l THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 July 22, 2004 Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 RE: Lippart v. Owens TT&H File No. 355-40102 Dear Ms. Fields: www.tthlawxom Renee K. Hostetter, Paralegal (717) 441-7063 rhostetter@tthlaw.com Thank you for agreeing to waive the 20 day notice requirement to serve subpoenas upon Hershey Medical Center and Community Osteopathic Hospital. Per your request, I will provide you with a copy of all records received. Thank you for your cooperation. Very truly yours, Thomas, 7Cho afer, LLP C0 Reneostetter, Paralegal Enclosures Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 • Fax: (412) 697-7407 CERTIFICATE OF SERVICE I, RENEE K. HOSTETTER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP r Date: 1 1 ?/ E R. HOSTETTER, PARALEGAL ?) n,> c-.? c.,.. t7 -r- 11 c_ ._ ?i - _ ? : n?J .? r Gl iJ .. _ ?+`. i -': GJ W -. JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 04-5835 CIVIL TERM FRANK C. D'AMICO, M.D., AND CIVIL ACTION - LAW KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 2004-195-CIVIL V RUSSELL S. OWENS, M.D., AND CIVIL ACTION - LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION ORDER OF COURT AND NOW this /A - day of April, 2005, upon consideration of PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS, a Rule to Show Cause why the relief requested should not be granted is hereby ISSUED upon ail the Defendants in the above-captioned actions. The Rule is returnable no later than '?o days from the date of this Order. BY rrbutiow. erryanne Cauler, Esquire & James J. Dodd-o, Esquire 305 North Front Street, Harrisburg, PA 17105 Ailey P. Parker, Esquire, 937 Willow Street, Lebanon, PA 17042 ;/Leslie M. Fields, Esquire, 831 Market Street, Lemoyne, PA 17043 7 0 ?13 V(tvVii V SNx ±3_d I S c6 Wd Z! 8dv HE &Vin lOH!CWd IHI a0 3)L-B" -0311d _ x JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs VS. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs vs. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2004-195 Civil V/ CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION RESPONSE OF DEFENDANTS, FRANK C. D'AMICO. M .D. AND KNIGHT BOLINE D'AMICO UROLOGY ASSOCIATES TO PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS AND NOW come Defendants, Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates through their counsel, Wiley P. Parker, Esquire and respectfully respond to Plaintiffs' Motion to Consolidate Actions as follows: 1. Admitted. w liability while the cause of action against Dr. D'Amico arose subsequent to the effective date of said statute. Obviously the different standards established under the old and new laws with regard to joint and several liability argue against joinder. 9. Admitted, however, by way of further response, Plaintiffs did not file the two actions at the same time and accordingly, venue is improper as to Dr. D'Amico. 10. Denied as a conclusion of law. The Rules state what the Rules state. 11. Denied as a conclusion of law. By way of further response, the Supreme Court has obviously determined that a medical professional is entitled to a trial in the county in which he practices subject to certain exceptions which are not present in the instant matter. WHEREFORE, Defendants Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates respectfully request that your Honorable Court refuse consolidation of the above captioned matters. Respectfully submitted, HENRY & BEAVER LLP B Wiley P. arker, Esquire I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendants, Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Assoc. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Response by regular United States mail, postage prepaid, on April 28, 2005 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Gerryanne Cauler, Esquire James J. Dodd-o 305 N. Front Street Harrisburg, PA 17105 r ey P. Par er, Esquire t? `S 1 a s^r.. t `...;. rn j` J THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW L. LIPPART and LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and NO.: 2004-195-CIVIL MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, ants certify that (1) a Notice of Intent to serve the subpoenas with was mailed or delivered to counsel for each party on April (2) a copy of the Notice of Intent, including the certificate; (3) Attorney Fields has indicated via telephone cal to the subpoenas and is willing to waive the 20-day notice and films; a copy of the subpoenas attached thereto 26, 2005; proposed subpoenas, is attached to this of May 3, 2005 that she has no objection in order to expedite receipt of the records (4) the subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to serve the subpoenas. THOMAS, THOMAS & HAFER, LLP GERR NNE RULER, ESQUIRE I.D. 90539 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7053 Date: ATTORNEY FOR DEFENDANTS THOMAS, THOMAS & HAFER, LLP By: James J. Dodd-o, Esquire Attorney Identification No. 44678 Gerryanne Cauler, Esquire Attorney Identification No. 90539 13400 Bath Pike, Suite 302 'iBethlehem, PA 18017 1(610) 332-7000 Attorneys for Defendants Russell S. Owens, M.D. and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW 5 L. LIPPART and IE LIPPART, His Wife Plaintiffs V. JSSELL S. OWENS, M.D. and ID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Defendants intend to serve subpoenas identical to the subpoenas attached to this tice. You have twenty (20) days from the date listed below in which to file of record and rve upon the undersigned an objection to the subpoenas. If no objection is made, the bpoenas may be served. THOMAS, THOMAS & HAFER, LLP GERRYANNE CAULER, ESQUIRE 305 N. FRONT STREET P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 441-7053 ATTORNEY FOR DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Tristan Associates, 4520 Union Deposit Road, Harrisburg, PA 17111- 2910. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at: Thomas. Thomas & Hafer. LLP. 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999 (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. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: AME: Gerryanne Cauler, Esquire DDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 ELEPHONE: (717) 441-7053 UPREME COURT ID#: 90539 TTORNEY FOR: Defendants THE COURT: Seal of the Court Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Custodian of Records, Susquehanna Valley Surgery Center, 4310 Londonderry Road, .Irq, PA 17109-5300 twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, reasonable cost of preparing the copies or producing the things sought. you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party arving this subpoena may seek a court order compelling you to comply with it. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Gerryanne Cauler, Esquire SS: P.O. Box 999, Harrisburg, PA 17108-0999 HONE: (717) 441-7053 ME COURT ID#: 90539 NEY FOR: Defendants THE COURT: TE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. NO.: 2004-195-CIVIL RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., JURY TRIAL DEMANDED BY Defendants JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Polyclinic Hospital at PinnacleHealth, 2601 N. 3rd Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy at: Thomas. Thomas & Hafer. LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108-0999 (Address) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES L. LIPPART and DEBBIE LIPPART, His Wife, Plaintiffs V. RUSSELL S. OWENS, M.D. and MID PENN UROLOGY, INC., Defendants NO.: 2004-195-CIVIL JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hershey Medical Center Urology Clinic/Lewis E. Harpster, M.D., 500 University Drive, MSHMC-UPC, Hershey, PA 17033-0850 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of any and all medical records on James L. Lippart. DOB 2/24/48. SS# 195-38-1619, including but not limited to outpatient records, emergency room records, clinic records, billing records diagnostic reports and lab reports correspondence as well as copies of any and all x-ray films of the abdomen and/or kidneys. at: Thomas. Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999. Harrisburg, PA 17108-0999 (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: Gerryanne Cauler, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7053 SUPREME COURT ID#: 90539 ATTORNEY FOR: Defendants BY THE COURT: DA' Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: ;slie M. Fields, Esquire DSTOPOULOS, FOSTER & FIELDS H Market Street 0. Box 222 ;movne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: ?- Gerryann Cauler, Esquire Attorney I. D. No. 90539 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants TE:/?F/? } CERTIFICATE OF SERVICE I, KATHY J. KUHN, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed ?s follows: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP / T J. , PA ALEGAL (Date: ?- Y_? Il r= r.7 1 fJ JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOUNE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION PLAINTIFFS' REPLY TO NEW MATTER OF FRANK C. D'AMICO, M.D., AND KNIGHT BOLINE D'AMICO UROLOGY ASSOCIATES AND NOW, come the Plaintiffs James Lippart and Debbie Lippart, his wife, by and through their counsel, to reply to Defendants New Matter as follows: 41. No answer required. 42. Denied. 43. Denied. 44. Denied. 4 45. Denied. 46. Denied. 47. Denied. 48. Denied. 49. Denied. WHEREFORE, Plaintiffs demand judgment in their favor. RESPECTFULLY SUBMITTED, eslie elds, Esquire 1. D. No. 2Fi9411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS Date: February 14, 2006 -2- VERIFICATION I, Plaintiff, James L. Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. J es L. Li' a ' DATED: ??lJU?o VERIFICATION I, Plaintiff, Debbie Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. 1 understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Debbie Lippart DATED: 41K<0 CERTIFICATE OF SERVICE 1, Leslie M. Fields, Esquire, hereby certify that on this 14th day of February 2006, a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Frank D'Amico, M..D. and Knight, Boline D'Amico Urology Associates was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D`Amico Urology Associates James J. Dodd-o, Esquire Gerryanne Cauler, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS Leslie M. Ids, Esquire (? `1l C ..1 ?'1 ..mot ... 1 ?, -+3 l.i: ?.?? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) James L. Lippart and Debbie Lippart, his wife (Plaintiff) (check one) ® Civil Action-Law ? Appeal from arbitration (other) VS. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology (Defendant) and Russell S. Owens, MD and Mid Penn Urology, Inc. (Defendant) The trial list will be called on 01/08/2008 and Trials commence on 02/04/2008 Pretrials will be held on 01/16/2008 (Briefs are due 5 days before pretrials) Nos.: 04-5835 a 04-0195 ivil Term Indicate the attorney who will try case for the party who files praecipe: Leslie M Fields Esquire 831 Market Street Lemoyne PA 17043 Indicate trial counsel for other parties if known: Wiley P Parker Esquire 937 Willow Street Lebanon, PA 17042 James J Dodd-o Esquire 3400 Bath Pike Suite 302, Bethlehem, PA 18017 This case is ready for trial. Sing Print Name: reshe M. Fields, Esquire Date: 11/01/2007 Attorney for: Plaintiff s r!Llws ,:re, ^?w? r xr p r'LL; CA ` : ` ? Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire PA I D No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Fax: (717) 761-4031 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D`AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION -LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL ? : CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to 4009.22, Plaintiff 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 counsel for the defendant has agreed to waive the twenty (20) day notice; 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: Ar. 1210 y. slie M. fields, oEsqui?Nei I.D. N 9411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs COSTOPOULOS, FOSTER & FIELDS ATTORNEYS AND COUNSELORS AT LAW 831 MARKET STREET P.O. BOX 222 WILLIAM C. COSTOPOULOS LEMOYNE, PENNSYLVANIA 17043-0222 DAVID J. FOSTER LESLIE M. FIELDS GEORGE H. MATANGOS November 13, 2007 James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Re: Lippart v. Owens, MD, et al. Cumberland County No. 2004-195-Civil Term Lippart v. D'Amico, MD, et al Cumberland County No.: 04-5835 Civil Term Dear Counsel: TELEPHONE (717) 761-2121 FAX (717) 761- 4031 W W W.COSTOPOULOS.COM Enclosed is a Notice of Intent to Serve of Subpoena for Documents and Things to obtain records from American Kidney Stone Management, Ltd. Please advise us at your earliest opportunity if you are willing to waive the (20) twenty- day notice so that we may immediately serve the subpoena. Very truly yours, Leslie . Fields LMF:jme Enclosures Carlisle Office: 10 East Louther Street • 1" Floor • Carlisle, PA 17013 Phone (717) 761-2121 • Fax (717) 761-4031 Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire PA ID No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Counsel for Plaintiffs Fax: (717) 761-4031 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5835 CIVIL TERM : CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL : CIVIL ACTION -LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff 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 no objection is made, the subpoena may be served. Date: 1111,310 Lesli Fields, Esquire Sup. I. D. #29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiffs JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION -LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION -LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - American Kidney Stone Management, Ltd. 797 Thomas Lane, Columbus, OH 43214 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Documents showing the schedule and locations at which extracorporeal shock wave lithotripsy (ESWL) services were available In July of 2002 in the area of Camp Hill, Pennsylvania; Mechancisburg, Pennsylvania; and Harrisburg, Pennsylvania. at Costopoulos. Foster & Fields. 831 Market Street. Lemoyne PA 17043 (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 of 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: Leslie M. Fields. Esauire Address: 831 Market Street Lemoyne. PA 17043 Telephone: 717-761-2121 Supreme Court ID# 29411 ATTORNEY FOR PLAINTIFFS Date: "0. BY THE COURT: 44,-4-74, 41ho-notary, Civil Division eputy CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 13"' day of November 2007, a true and correct copy of the foregoing Notice of Intent to Serve A Subpoena to Produce Documents and Things For Discovery Pursuant to Rule 4009.21 was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc COSTOPOULOS, FOSTER & FIELDS Leslie . Fields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 19t1 day of November 2007, a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS i Leslie M. ields, Esquire James L. Lippart and Debbie Lippart IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Frank C. D'Amico, MD and Knight, Boline kmico Urology and Russell S. Owens, MD and Mid Penn Urology, Inc. NO. 2004-0195 CIVIL TERM ORDER OF COURT AND NOW, January 10, 2008, by agreement of counsel, the above captioned case continued from the February 4, 2008 trial term. Counsel are requested to relist the case for trial such time as they deem appropriate. lie M. Fields, Esquire the Plaintiff -?y P. Parker, Esquire the Defendant ` ,s J. Dodd-o, Esquire l he Defendant t Administrator By the Court, PZ:7, ?4j I! v HE A :":!Hi K, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ?- rv TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: N for JURY trial at the next term of court. W ? for trial without a jury, ` b rv CAPTION OF CASE (entire caption must be stated in full) James L. Lippart and Debbie Lippart, his wife (Plaintiff) VS. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology (check one) ® Civil Action-Law ? Appeal from arbitration (other) The trial list will be called on 05/27/2008 and _ (Defendant) and Russell S. Owens, MD and Mid Penn Urology, Inc. (Defendant) Trials commence on 06/23/2008 Pretrials will be held on 06/04/2008 (Briefs are due S days before pretrials) I/ Nos.: 04-5835 and 04-0195 Civil Term Indicate the attorney who will try case for the party who files praecipe: Leslie M. Fields, Esquire 831 Market Street, Lemoyne. PA 17043 Indicate trial counsel for other parties if known: Wiley P. Parker, Esguuire, 937 Willow Street, Lebanon, PA 17042 James J. Dodd-o, Esquire, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 LeRoy Smie g 1, Esquire, 4431 North Front Street, Harrisburg, PA 17110 This case is ready for trial. Si ed: Print Name: ie M. Fields, Esquire Date: 03/25/2008 Attorney for: Plaintiff r .f" Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire I.D. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL : CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION -LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled and discontinued. COSTOPOULOS, FOSTER & FIELDS Date: y: Leslie M. Fields, Esquire Attorne I . D. No. 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs 0. . . CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 14th day of August, 2008, a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served upon all counsel of record by: Hand Delivery x First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. LeRoy Smigel, Esquire 4431 North Front Street Harrisburg, PA 17110-1778 Counsel for Russell S. Owens, M. D. COSTOPOULOS, FOSTER & FIELDS Leslie Fields, Esquire - ,. =?? °;' v ni ? t ---- ;:. `r _. ? _ .. ? ?,-?? ?, c x? ? ?