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HomeMy WebLinkAbout08-1460r s VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased 2252 Pinetown Road Lewisberry, PA 17339 Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital 503 North 21St Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital 503 North 21 St Street Camp Hill, PA 17011 -and- No. b$- 14100 Civil Ter* Jury Trial Demanded HOLY SPIRIT HOSPITAL 503 North 21s' Street Camp Hill, PA 17011 -and- MOFFITT HEART & VASCULAR GROUP, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- THACH N. NGUYEN, M.D. c/o Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- JOHN/JANE DOE NURSE ANESTHETIST, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite exercise of due diligence c/o Holy Spirit Hospital 503 North 21St Street Camp Hill, PA 17011 Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased 2252 Pinetown Road Lewisberry, PA 17339 Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital 503 North 21 St Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital 503 North 21St Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL 503 North 21St Street No. Jury Trial Demanded Camp Hill, PA 17011 -and- MOFFITT HEART & VASCULAR GROUP, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- THACH N. NGUYEN, M.D. c/o Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- JOHN/JANE DOE NURSE ANESTHETIST, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite the exercise of due diligence c/o Holy Spirit Hospital 503 North 21St Street Camp Hill, PA 17011 Defendants PRAECIPE TO ISSUE WRITS OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons in Civil Action upon the above-named defendants. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. Dated: By: ? p / eter M. Villari, Esquire Nicole T. Matteo, Esquire Attorneys for Plaintiff VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased 2252 Pinetown Road Lewisberry, PA 17339 Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital 503 North 2111 Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital 503 North 21s' Street Camp Hill, PA 17011 No. Jury Trial Demanded -and- HOLY SPIRIT HOSPITAL 503 North 21St Street . , f Camp Hill, PA 17011 -and- MOFFITT HEART & VASCULAR GROUP, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- THACH N. NGUYEN, M.D. c/o Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- JOHN/JANE DOE NURSE ANESTHETIST, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite the exercise of due diligence c/o Holy Spirit Hospital 503 North 21 S` Street Camp Hill, PA 17011 Defendants WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: .3 Ip5I48_ Prothonot By Deputy a e Progress Notes to include: Admission note, progress at least every other day, complications, change in diagnosis, summary note on discharge. Enter Date, Time and Sign Each Written Nate. TIME nATr: fA hARD?A1 314/a • 34 4? S ' 6L a alaL LA 4V-?-A- 12Q -5,-r 4u'bp Z7 Co ld f o co 62-A 01,1 cf4 z6c'? , 10 ho HOLY SPIRIT HOSPITAL Camp Hill, Pennsylvania 17411 PROGRESS NOTES FORM 21 (12/98) DERR ,CHAD M 3514 I ED GROUP 09/06/1970 L74018 03/04/06 ERl 7 373178747 00 c ,..? i_ ?? O C P7 ? }t't ^C a_? _J:3 ?J 1 VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. No. RICHARDS, Co-Administrators b8- ?'? °n of 1 Term of the Estate of Chad M. Derr, deceased Jury Trial Demanded Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants JURY DEMAND Plaintiffs hereby demand a trial by jury as to all issues. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. Dated: 3Z Y /0 k By: Pe er M. Villari, Esquire Nicole T. Matteo, Esquire Attorneys for Plaintiffs c;? aa:e r? f ?.?? "T°7 ? ' ! - jF ?. , ^ _ ;_ *, -..... ? ». ?? - ?:, ` I ? ? `1 i L i 'Z:,- ?'? '^?. THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Thach Nguyen, M.D. PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased, V. Plaintiffs HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 CIVIL ACTION -LAW JURY TRIAL DEMANDED -PRA"ECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire and Hugh P. O'Neill on behalf of the Defendant, Thach N. Nguyen, M.D. only, relative to the above-captioned action. Respectfully submitted, Thomas, Thomas & Hafer, LLP p C; i' 7-1 ml THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant T'hach Nguyen, M.D. PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, Co-Administrators of the Estate CUMBERLAND COUNTY, of Chad M. Derr, deceased, PENNSYLVANIA Plaintiffs NO. 08-1460 V. CIVIL ACTION -LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, et al., Defendants DEMAND FOR JURY TRIAL To the Prothonotary: Defendant Thach N. Nguyen, M.D., by and through his attorneys, demands a trial of 12 jurors and alternates. Respectfully submitted, Thomas, Thomas & Hafer, LLP a By: SAJ e (A-- Date: 3 ? Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant, Thach N. Nguyen, MD. r' CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 THOMAS, THOMAS & HAFER, LLP ° Date: ?) 46 J0 L. Wolfe C' ? o +? ? ? r r;• ? ? . r .. ?-? ` i , , _ `-- r-- ? f-?, ,? ? ,- ?? .. ., ?, ; . ?? 4iti ? ?? '? ?? THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Thach Nguyen, M.D. PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, Co-Administrators of the Estate CUMBERLAND COUNTY, of Chad M. Derr, deceased, PENNSYLVANIA Plaintiffs : NO. 08-1460 V. CIVIL ACTION -LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, et al., Defendants PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: By: Ems-,- ?8 (4-4.,C_.,. Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 Thomas, Thomas and Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant, Thach N. Nguyen, MD. CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 THOMAS, THOMAS & HAFER, LLP J Date: Jo 64.. Wolfe n ? ? ? i? - n ?,?_?; ?,. -?.., _ _ ? ? ?i '/ < Air z .._ ..? iri ..: 7 ?, i `"t'` - M ...' PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 08-1460 CIVIL ACTION -LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Philip C. Richards and Laura D. Richards, as Co-Administrators of the Estate of Chad M. Derr, deceased c/o Peter M. Villari, Esquire Nicole T. Matteo, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 You are hereby directed to file a Complaint against Defendant, THACH N. NGUYEN, M.D., within twenty (20) days or non pros seq. reg. Pr onotary DATED: 3/17/08 f? ?' O ?' ? -ri ?--, ?-; ? ? -,.s ? . t-r= ;,? ?x? -, , _.? r <?:? c ? -- ` ?? tv SHERIFF'S RETURN - REGULAR . y CASE NO: 2008-01460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HEALTH SYSTEM the DEFENDANT at 1505:00 HOURS, on the 12th day of March 2008 at 210 SENATE AVFNTTF -2Dn CAMP HILL, PA 17011 by handing to TERESA PLESCE, ADMIN ASST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 ?I1?C 1U8 ? 41.44 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/13/2008 VILLARI BRANDES KLINE l By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY the DEFENDANT , at 1505:00 HOURS, on the 12th day of March 2008 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to TERESA PLESCE, ADMIN ASST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge -3/n bg , So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 ? 16.00 03/13/2008 VILLARI BRANDES KLINE Sworn and Subscibed to before me this of By: day De ty Sheri f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL the DEFENDANT , at 1505:00 HOURS, on the 12th day of March , 2008 at 210 SENATE AVENUE CAMP HILL, PA 17011 3RD FLOOR by handing to TERESA PLESCE, ADMIN ASST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 311 I b So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 03/13/2008 VILLARI BRANDES KLINE Sworn and Subscibed to before me this of By 1 day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MOFFITT HEART & VASCULAR GROUP PC the DEFENDANT , at 1531:00 HOURS, on the 12th day of March , 2008 at 1000 N FRONT STREET WORMLEYSBURG, PA 17043 by handing to WILLIAM STROUSE, CONTROLLER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 3111 A 8 1- So Answers: 6.00 14 .4 0 .00 10.00 R. Thomas Kline .00 30.40 03/13/2008 VILLARI 13RANDES KLINE Sworn and Subscibed to before me this of By: day Deputy Sheriff' A.D. CASE NO: 2008-01460 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS the NGUYEN THACH N MD was served upon DEFENDANT , at 1531:00 HOURS, on the 12th day of March , 2008 at 1000 N FRONT STREET WORMLEYSBURG, PA 17043 by handing to WILLIAM STROUSE, CONTROLLER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 3)1F'0& 00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/13/2008 VILLARE BRANDES KLINE By: 1 Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHARDS PHILIP C ET AL VS HOLY SPIRIT HEALTH SYSTEM ET A DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOE JOHN/JANE NURSE ANESTHETIST the DEFENDANT , at 1505:00 HOURS, on the 12th day of March 2008 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to TERESA PLESCE, ADMIN ASST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 00 W.f Affidavit . 00 '? Surcharge 10.00 R. Thomas Kline 31Igli7$ ? .00 16.00 03/13/2008 VILLARE 13RANDES KLINE Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased 2252 Pinetown Road Lewisberry, PA 17339 Plaintiffs, V. HOLY SPIRIT HEALTH SYSTEM, individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 -and- HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 -and- MOFFITT HEART & VASCULAR GROUP, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- THACH N. NGUYEN, M.D. c/o Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 -and- JOHN/JANE DOE NURSE ANESTHETIST, Whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite exercise of due diligence c/o Holy Spirit Hospital 503 North 21St Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 CIVIL TERM MEDICAL MALPRACTICE JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe Nurse Anesthetist with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 17, 2008 By: ilbur McCoy Otto, Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and JohnlJane Doe Nurse Anesthetist 2 CERTIFICATE OF SERVICE I, Wilbur McCoy Otto, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance has been served this 17 day of March, 2008, by U.S. Mail, postage prepaid, upon counsel of record. DICKIE, McCAMEY & CHILCOTE, P.C. B 9? Y ilbur McCoy Otto, Esquire Attorney for the Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe Nurse Anesthetist Peter M. Villarei, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 Thach N. Nguyen, M.D. Moffitt Heart & Vascular Group, P.C. 1000 N. Front Street Wormleysburg, PA 17043 3 9.; R r'gt Cx) "? PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Wilbur McCoy Otto, Esquire on behalf of Defendants, HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 26, 2008 By: Wilbur McCoy Otto, Esqu Supreme Court I. D. #01524 c ; ?' C' ?, .? C ? ?`?nY"?.r '..-? -"? f6 f^s. ^" `-? ?? '? '''s C?." 290694 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 ('rele) HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire as counsel for Defendants, HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, in the above-captioned matter. Respectfully submitted, DICKIE, MCC MEY & P.C. Date: March 26, 2008 By: Tlkx as M. Chairs, Esqi-dre Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants HOLY SPIRIT HEALTH SYSTEM, HOL Y SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL CERTIFICATE OF SERVICE AND NOW, March 26, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Peter M. Villari, Esquire Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) M. ? ? ? " ?' -n " fi"' ..''?' ...?-1 j = e ? r s yV ; r _ ?5t? ? r .?.? . ? f_.? _".z s°' . ? ?? PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 v. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Wilbur McCoy Otto, Esquire on behalf of Defendants, JOHN/JANE DOE NURSE ANESTHETIST, with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. ? 1 Date: March 28, 2008 By: (,u 'ti_ l " Wilbur McCoy Otto, Esquire Supreme Court I. D. #01524 L :? ?? -- ? i ` - c?? _ ?' _ ;GSn :? ? r-r- ? ? - ?.is ?, ~;a ,_ -- ?. r.;~? rr`. c.t? ??? ?? 1. 292113 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR PLAINTIFFS BY Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT 1200 Camp Hill Bypass, Suite 205 HOSPITAL Camp Hill, PA 17011 (717)7314800 (Tele) (717)731-4803 (Fax) PHILIP C. RICHARDS AND LAURA D. I IN THE COURT OF COMMON PLEAS RICHARDS, CO-ADMINISTRATORS OF OF CUMBERLAND COUNTY, THE ESTATE OF CHAD M. DERR, PENNSYLVANIA Plaintiffs NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire as counsel for Defendants, JOHN/JANE DOE NURSE ANESTHETIST, in the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & P.C. Date: March 28, 2008 By: Th ts, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL and JOHN/JANE DOE NURSE ANESTHETIST CERTIFICATE OF SERVICE AND NOW, March 28, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Peter M. Villari, Esquire Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) fff Thomas M. Chairs, Esquire ?,r. ? ors ?? --r' ""C"1 .Y ?? t ?' { ? ;i `... a `? i '?'?y R--? ?? f .a:. ?, ?? 1 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Thach Nguyen, M.D. and Moffitt Heart & Vascular Group PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, Co-Administrators of the Estate CUMBERLAND COUNTY, of Chad M. Derr, deceased, PENNSYLVANIA Plaintiffs : NO. 08-1460 V. CIVIL ACTION -LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, et al., Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire and Hugh P. O'Neill on behalf of the Defendant, MOFFITT HEART & VASCULAR GROUP, relative to the above-captioned action. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: By: Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Nicole T. Matteo, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie, McCamey, Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP f ` Date: 7iloy w ("0 J L. Wolfe t`1 do C-71. C-a C.j i E Cn VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT PRE-COMPLAINT DISCOVERY AND TO TAKE PRE-COMPLAINT DEPOSITIONS IN AID OF OBTAINING CERTIFICATES OF MERIT AND TO DRAFT AND SERVE A SUFFICIENT COMPLAINT, AND MOTION TO STAY PROCEEDINGS FOR A SUFFICIENT PERIOD TO ALLOW PLAINTIFFS TO CONDUCT DISCOVERY AND NOW, come Plaintiff, through his attorneys, Villari, Brandes & Kline, P.C., to respectfully request that this Honorable Court grant him leave to conduct pre-complaint discovery and to take pre-complaint depositions from certain parties or persons for the purpose of obtaining facts and other information that will enable Plaintiff to obtain certificates of merit and to draft and serve a sufficient Complaint in this action and grant a stay of all proceedings in the above-captioned action for a sufficient period of time to complete the discovery. In support thereof, Plaintiff asserts the following: Plaintiff commenced this wrongful death and survival action against the defendants by filing a Writ of Summons on or about March 5, 2008. A true and correct copy of the Writ of Summons is attached hereto as Exhibit "A." 2. The aforenoted Civil Action results from nursing care provided to Chad Derr on March 5, 2006. Plaintiff believes that the care and treatment provided to Chad during the above-referenced day deviated from accepted standards, and caused his death. 3. Briefly, Chad Derr was a 36 year-old who presented to defendant Hospital with complaints of chest pain, nausea, and diarrhea. At that time, defendants concluded that Chad should undergo a cardiac catherization, which was performed by defendant, Thatch Nguyun, M.D. During the catherization procedure, Chad began to bleed from his mouth. A nurse anesthetist was call to intubate Chad, but did not arrive for over seven (7) minutes. Chad could not be intubated and ultimately died in the catherization lab. 4. Although Plaintiff obtained certain documents before this lawsuit was started, Plaintiff believes there may be additional documents relating to Chad Derr's care and treatment on March 5, 2006. The following records are needed for plaintiffs' expert(s) to form opinions: a. A full and complete, legible, certified copy of the entire medical chart (including any and all paper records and records on computer) pertaining to Chad Derr's care at defendant Hospital on March 5, 2006. 6. Defendants have exclusive control, custody and possession of the subject documents. Plaintiff needs these documents to file a more specific complaint. 7. In addition, Plaintiff was not fully able to identify the name, initials, handwriting, or signatures of the nurse anesthetist who was present in and/or was called to the catherization lab for Chad's procedure on March 5, 2006. 8. Due to Plaintiff's inability to fully identify the nurse anesthetist described above, Plaintiff could only identify him/her in the Writ of Summons as follows: a. John/Jane Doe Nurse Anesthetist, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress note dated 3/4/06 at 0345 hours, a true and correct copy of which is attached hereto as Exhibit "A." 9. Plaintiffs require the subject identification to appropriately name John/Jane Doe Nurse Anesthetist in the Complaint. 10. Prior to filing suit, Plaintiff's counsel sought expert review and was advised that the Plaintiff's claims likely have merit but additional information is required before opinions could be reached sufficient to provide Statements of Merit. 11. Plaintiffs were unable to determine the sequence of events based solely on the medical records. 12. Unfortunately, as Mr. Derr is deceased, he is unable to provide any information needed to draft a Complaint. 13. Plaintiff has probable cause to believe that certain individuals who assisted in the catherization procedure Chad underwent at defendant Hospital can clarify the events that led to Chad's death, thereby allowing an appropriate expert to reach conclusions and/or opinions regarding whether a meritorious claim exists against defendants and allowing Plaintiff to draft and file a sufficient Complaint. 14. Plaintiff believes and, therefore, avers that witnesses at the defendant Hospital will provide additional information, possibly not contained in the hospital records, regarding the time leading up to Chad's death, as it is unclear from the medical records what exactly caused Chad's death. 15. Accordingly, Plaintiff requires the pre-complaint depositions of the healthcare workers who participated in Chad's catherization procedure on March 5, 2006 at defendant Hospital, including defendant, Thatch Nguyun, M.D., and John/Jane Doe Nurse Anesthetist, who were witnesses and/or participants to the incident. 16. Without the requisite information, Plaintiff is unable to obtain complete review by an expert for purposes of obtaining Certificate(s) of Merit and to fully identify all agents of the defendant Center. 17. Therefore, Plaintiff seeks leave to conduct pre-complaint discovery and take pre- complaint depositions to determine the identification of the Jane/John Doe Nurse Anesthetist identified in the Writ of Summons and to draft a more specific Complaint. 18. Pursuant to Pennsylvania Rule of Civil Procedure 1042.3(a), in any case in which a professional liability claim is asserted against a licensed professional, counsel for plaintiff must file with the Complaint, or within sixty (60) days of filing the Complaint, a certificate ("Certificate of Merit") that an appropriate licensed professional has supplied a written statement to plaintiff that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited 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. 19. According to Pa. R.C.P. 1042.3(b), a separate Certificate of Merit must be filed as to each licensed professional against whom a claim is asserted. 20. In addition, Pa. R.C.P. 1042.5 provides that a plaintiff who has asserted a professional liability claim may, without leave of court, request production of documents and things prior to filing a certificate of merit. 21. However, when seeking discovery beyond the production of documents prior to filing a certificate of merit, a plaintiff must seek leave of court. Pa. R.C.P. 1042.5. 22. More importantly, the note accompanying Pa. R.C.P. 1042.5 provides that "[u]pon motion seeking leave of court [to conduct discovery], the court shall allow any discovery which is required for a licensed professional to make a determination as to whether a defendant deviated from accepted professional standards." See Note, Pa. R.C.P. 1042.5 (emphasis added). 23. Further, a recent amendment to the Rules of Civil Procedure provides a two- prong test for pre-complaint discovery: (1) the information sought must be material and necessary to the filing of the complaint, and (2) the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. Pa. R.C.P. 4003.8 with Explanatory Comment. 24. Under Rule 4007.1(c), which cross-references Rule 4003.8, pre-complaint discovery may include the taking of a deposition of "any person upon oral examination for the purpose of preparing a complaint." Pa. R.C.P. 4007.1(c). In those circumstances where pre-complaint depositions are taken, the party taking the depositions shall provide notice, including a brief statement of the nature of the case and of the matters to be inquired into. Pa. R.C.P. 4007.1(c) with Explanatory Comment. 25. In this case, the discovery and depositions requested are material and necessary to Plaintiff's case, as they will aid in obtaining statements of merit by clarifying the events leading up to the death of Chad Derr and the cause of his death. They will also allow Plaintiff to more fully identify specific defendants and draft and serve a sufficient Complaint. 26. Plaintiff will be unfairly prejudiced without the discovery and depositions of the aforementioned individuals that are needed to obtain complete expert review and to draft and serve a sufficient Complaint. 27. Further, Plaintiff's request will not cause unreasonably burden, annoyance, embarrassment, oppression or expense. 28. Plaintiff will require sufficient time to complete the requested discovery and to draft and file a Complaint. 29. Based upon all of the foregoing, Plaintiff seeks an Order staying all proceedings including, but not limited to, the issuance and/or enforcement of Rules to File a Complaint and granting leave to Plaintiff to (i) take depositions as described herein required to assist Plaintiff in appropriately confirming that the claims are meritorious and to determine the identity of the John/Jane Doe Nurse Anesthetist described in the Writ; (ii) obtain appropriate Certificates of Merit; (iii) serve the John/Jane Doe Nurse Anesthetist and (iv) draft and file a sufficient Complaint. WHEREFORE, Plaintiff respectfully request this Honorable Court grant the Motion and enter the proposed Order, attached hereto. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. Dated: S By: nVXT?S ter M. Villari, sq. Nicole T. Matteo, Esq. Attorneys for Plaintiffs en. m c=:? r r n F PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 14`h day of April, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion To Stay Proceedings for a Sufficient Period To Allow Plaintiffs to Conduct Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, /Peter M. Villari, Esq. Nicole T. Matteo, Esq. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Attorneys for Plaintiffs J./Wesley Oler, Silo., _J. ? • i kd ? ! ddw 8802 Evan Black, Esq. P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thatch Nguyen, M.D., and 1VMoffit Hearts & Vascular Group, P.C. A homas M. Chairs, Esq. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist :rc es mw LL '//iti1o8 "=1 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Thach Nguyen, M.D. and Moffitt Heart & Vascular Group PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, Co-Administrators of the Estate CUMBERLAND COUNTY, of Chad M. Derr, deceased, PENNSYLVANIA Plaintiffs NO. 08-1460 V. CIVIL ACTION -LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, et al., Defendants : ANSWER TO PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT PRE-COMPLAINT DISCOVERY AND TO TAKE PRE-COMPLAINT DEPOSITIONS IN AID OF OBTAINING CERTIFICATES OF MERIT AND NOW comes Defendants Thach Nguyen and Moffitt Heart & Vascular Group, P.C. in response to Plaintiffs' Motion for Leave to Conduct Pre-Complaint Discovery and responds as follows: I. Admitted. 2. Denied. The allegations contained in this paragraph of Plaintiffs' Motion constitute conclusions of law and are denied as such. 3. Denied. Rather, the medical records speak for themselves. Moreover, the allegations contained in this paragraph are denied as conclusions of law. 4. Denied. Answering Defendants are unaware as to what "documents" Plaintiff and her counsel obtained prior to the initiation of the lawsuit. Accordingly, Answering Defendants can not make a determination as to what "additional" documents may exist. Accordingly, all said allegations are specifically denied. 5. Denied. Answering Defendants are unaware as to what materials are needed for Plaintiffs' experts to form opinions. However, Defendants have no objection to production of the entire medical chart relating to Chad Derr for care rendered on March 5, 2006. 6. Denied. The allegations contained in this paragraph constitute a conclusion of law and are denied as such. 7. Denied. Answering Defendants are without sufficient knowledge or information to form an opinion as to Plaintiff or her counsel's ability or inability to read the medical records currently in their possession. Accordingly, all said allegations are specifically denied. 8. Denied. Answering Defendants can not comment on Plaintiffs' ability or inability to identify individuals based on entries in the progress notes of Mr. Derr's chart from Holy Spirit Hospital. Moreover, Plaintiffs' Writ of Summons and attachments speak for themselves. 9. Denied. The allegations contained in this paragraph constitute a legal conclusion and are denied as such. 10. Denied. Answering Defendants are unaware of Plaintiffs' counsel's actions prior to initiation of suit with regard to obtaining an expert review. It is further noted for the Court for the purposes of the application of Pa.R.C.P. 1042 that Plaintiffs' counsel has apparently been advised that a claim "likely" has merit. Pa.R.C.P. 1042.3 only requires that an appropriate 2 licensed professional has supplied a written statement that there exists a "reasonable" probability that the defendant acted negligently. Accordingly, based on Plaintiffs' counsel's own representation, the information provided by Plaintiffs' expert that the claims likely have merit is sufficient for a Certificate of Merit to be issued at this time absent additional substantive information. It. Denied. As stated previously, Plaintiffs' expert has advised that the claims likely have merit. Moreover, the allegations contained in this paragraph are denied as conclusions of law. 12. Admitted in part, denied in part. It is only admitted that Mr. Derr is deceased and that he is unable to provide any information. However, it is denied that any information that Mr. Derr could provide in light of the type of cardiac catheterization being performed that even if Mr. Derr had survived that he would be able to provide any information necessary to draft a Complaint. Accordingly, it is submitted that the fact that Mr. Derr is deceased is irrelevant for this Court's consideration of Plaintiffs' Motion for Pre-Complaint Discovery. 13. Denied. The allegations contained in this paragraph constitute a conclusion of law and are denied as such. Moreover, Plaintiffs' counsel has not elaborated on what is meant by "probable cause" in the context of this case and how it relates to the Motion for Pre- Complaint Discovery. 14. Denied. The allegations contained in this paragraph are denied as a conclusion of law. Moreover, the issue here is not whether individuals could provide additional information that may not be contained in the hospital records, but whether Plaintiff has sufficient information at the moment to file a Complaint and sufficient information for a licensed professional to issue a Certificate of Merit. By Plaintiffs' own admission contained in paragraph 10, Plaintiffs' counsel 3 has been advised that the claims likely have merit. Accordingly, Defendants believe that Plaintiffs' counsel has sufficient information at this time for the filing of a Certificate of Merit. 15. Denied. The allegations contained in this paragraph constitute conclusions of law and are denied as such. Moreover, it is denied that Plaintiffs require the pre-Complaint depositions of health care workers who participated in Mr. Derr's care on March 5, 2006 at Holy Spirit Hospital. Pa.R.C.P. 1042.3(a)(1) only requires that a licensed professional supplies a written statement that there exists a "reasonable" probability that the care, skill or knowledge exercised or exhibited 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. Moreover, the Pennsylvania Rules of Civil Procedure do not require that the licensed professional that issues the Certificate of Merit be the same individual who serves as the expert at the time of trial. Moreover, the respected jurist, Judge Wettick from the Allegheny Court of Common Pleas, held in Speicher v. Toshok, 63 Pa. D. &C.4t" 435 (Allegheny CCP 2003) that: "in all civil litigation other than professional liability claims, the plaintiff may engage in discovery at any time without leave of court. Rule 1042.5 is intended to restrict the plaintiffs ability to engage in discovery by barring any discovery without leave of court except for the production of documents and things or entry upon property for inspection or other purposes. If I accept plaintiff's argument, I will have turned a rule intended to restrict discovery into a rule that expands a plaintiff's ability to engage in discovery." Accordingly, Plaintiff has failed to show the need for pre-Complaint depositions in this professional liability action. 16. Denied. The allegations contained in this paragraph constitute a conclusion of law and are denied as such. Moreover, Answering Defendants incorporate their response to paragraphs 15 and 10 as set forth above. 4 17. Denied. The information contained in the corresponding paragraph of Plaintiffs' Motion does not contain an allegation, but rather constitutes a plea to the Court for leave to conduct pre-Complaint discovery. For the reasons identified in responses to paragraphs 1 -17 as if set forth above, Plaintiff has not established cause to conduct pre-Complaint discovery. 18. Denied. The allegations contained in this paragraph constitute a conclusion of law and are denied as such. Pa.R.C.P. 1042.3(a) speaks for itself. Defendants agree that a licensed professional only need provide a written statement that a "reasonable" probability exists that a licensed professional may have acted "negligently." 19. Denied. The allegations contained in the corresponding paragraph of Plaintiffs' Motion constitutes a legal conclusion and is denied as such. 20. Denied. The allegations contained in the corresponding paragraph of Plaintiffs' Motion constitutes a legal conclusion and is denied as such. 21.-23. Denied. The allegations contained in the corresponding paragraphs of Plaintiffs' Motion constitute conclusions of law are and are denied as such. Plaintiff has failed to establish cause for discovery sought in this matter, in particular the depositions. Rule 1042.5 is a rule of restricting discovery and has been interpreted as restricting discovery by Judge Wettick in Speicher v. Toshok, supra. Plaintiff has failed to produce any facts to support the proposition that the additional discovery sought in this case is "required" by Plaintiffs' expert to make a determination as to whether or not a Certificate of Merit should issue. Moreover, it is suggested based on Plaintiffs' representations contained in paragraph 10 that Plaintiffs' claims likely have merit and accordingly it is respectfully suggested that Plaintiff has been advised that a reasonable probability exists as contemplated by Pa.R.C.P. 1042.3. Moreover, Pa.R.C.P. 4003.8 does not per se apply to professional negligence actions such as this. Such actions are controlled by the 5 restrictions of Pa.R.C.P. 1042.5. Se 1 Pa. C.S.A. §1933 (particular controls general); Pa.R.C.P. 132. 24. Denied. The allegations contained in this paragraph of Plaintiffs' Motion constitute conclusions of law and are denied as such. Moreover, pre-Complaint discovery are governed by Pa.R.C.P. 1042.5. 25. Denied. The allegations contained in the corresponding paragraph of Plaintiffs' Motion constitute conclusions of law and are denied as such. However, the test in this case is not whether the additional discovery sought beyond Pa.R.C.P. 1042.5 will aid in obtaining Certificates of Merit but rather whether the information sought is "required" by the licensed professional to issue a writing to support a Certificate of Merit. Moreover, based on the representations contained in paragraph 10 that the claims likely have merit, it is suggested that the discovery sought beyond 1042.5 is not "required" by Plaintiffs' expert. 26. Denied. It is specifically denied that Plaintiff would be unfairly prejudiced without the discovery and depositions sought beyond the scope of Pa.R.C.P. 1042.5. It is respectfully suggested that with the medical records that Plaintiffs' counsel will have sufficient information to prepare a Complaint and submit Certificates of Merit. 27. Denied. It is specifically denied that Plaintiffs' request would not cause unreasonable burden, annoyance, embarrassment, oppression and expense. Deposing individuals and defendants for pre-Complaint discovery could possibly subject these individuals to multiple depositions in this case which would constitute an unreasonable burden and expense. This would not only involve the time of the parties involved but also their counsel in preparing for, attending and defending multiple depositions. 6 28. Denied. The allegations contained in this paragraph of Plaintiffs' Motion constitute a conclusion of law and is denied as such. It is believed that 30 days after production of medical records would be sufficient time for Plaintiff to draft and file a Complaint. 29. Denied. It is respectfully requested that this Honorable Court deny Plaintiffs' Motion to the extent it seeks leave to depose the defendants in this matter. Answering Defendants have no objection to production of medical records as sought by the Plaintiff. Accordingly, it is respectfully requested that this Honorable Court grant in part and deny in part Plaintiffs' Motion for Pre-Complaint Discovery and enter an Order in the form attached to this reply. Respectfully submi Thomas, ThomaX& Hafer, LLP Date: April 22, 2008 By: Evan Mack, Esquire Attorney I.D. 17884 Hugh P. O'Neill, 111, Esquire Attorney I.D. 69986 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group 7 CERTIFICATE OF SERVICE I, Wendy Rhoades, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Nicole T. Matteo, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie, McCamey, Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: April 22, 2008 Wendy RlWfV(es F.. 2 !'T 1 1 .--? T .., ^?,.. ; . , . t? . ... . .. ?;(:. ?" ''? .. ? . r ?.•4 ... -.1 VILLARI, BRAN BY: Peter M. Vil Nicole T. M Attorney I.D. #268 8 Tower Bridge, Su' 161 Washington Str Conshohocken, PA (610) 729-2900 Attorneys for Plaint ;S & KLINE, P.C. °i, Esquire .eo, Esquire and #206156 400 9428 IN THE COURT 9F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHA S AND LAURA D. RICHARDS, Co-Administrators No. 08-1460 Plaintiffs Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. atteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that the Rule o Show Cause for Plaintiff's Motion for Leave to Conduct Pre-Complaint Depositions in Aid cf Obtaining Certificates of Merit, Drafting and Serving a Sufficient Complaint and Moti?n to Stay Proceedings for a Sufficient Period to Allow Plaintiff to Conduct Discovery was served upon counsel for the defendants the via postage paid, first class mail: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 1710 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: o6 By: c p /Lor- icole T. Matteo, Esquire Attorney for Plaintiff C`' "'=' - , r," .. ? ? ?_> 7 ,:? ?? _{ - ?.?z ,w ?? _. ?- ,..0,"1 _.i.3 301414 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY I.D. NO. 27594 BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 James DeCinti, Esquire ATTORNEY I.D. NO. 77421 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, HOLY SPIRIT HEALTH SYSTEM. IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT PRE-COMPLAINT AND NOW, comes Defendant, HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within RESPONSE OF DEFENDANT, HOLY SPIRIT HEALTH SYSTEM, IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT PRE- TO ALLOW PLAINTIFFS TO CONDUCT DISCOVERY CONDUCT PRE-COMPLAINT DISCOVERY AND TO TAKE PRE-COMPLAINT DEPOSITIONS IN AID OF OBTAINING CERTIFICATES OF MERIT AND TO DRAFT AND SERVE SUFFICIENT COMPLAINT, AND MOTION TO STAY PROCEEDINGS FOR SUFFICIENT PERIOD TO ALLOW PLAINTIFFS TO CONDUCT DISCOVERY and in support of said opposition asserts the following: 1. It is admitted only that the instant action was commenced with the filing of a Writ of Summons on or about March 5, 2008. 2. Answering Defendant is without knowledge or information sufficient to form a truth as to the allegation contained in this paragraph and therefore same is denied. It is specifically denied that Answering Defendants deviated from any standards of care and in any way caused the death of Plaintiffs' decedent. 3. Answering Defendant is without knowledge or information sufficient to form a truth as to the allegation contained in this paragraph and therefore same is denied. It is specifically denied that Answering Defendants deviated from any standards of care and in any way caused the death of Plaintiffs' decedent. 4. Answering Defendant is without sufficient knowledge or information to form a belief as to the allegation contained in this paragraph and therefore same is denied. By way of further response, Plaintiffs use of the phrase "certain documents" is so vague as to render this paragraph meaningless. Answering Defendant is without sufficient knowledge or information to form a belief as to the allegation contained in this paragraph and therefore same is denied. By way of further response, a full and complete copy of Plaintiffs' decedent's medical chart will be provided to Plaintiffs counsel upon receipt of Answering Defendant of a Request for Production 2 of Documents requesting same, which by their admission will allow their Plaintiffs' experts to form opinions and allow Plaintiffs to file a sufficient complaint. 6. See response to 5 above. 7. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation of this paragraph and therefore same is denied. By way of further response, if Plaintiffs' counsel identified a signature or initials in the chart, Answering Defendant will make efforts to determine the identity of said individual. 8. It is admitted only that Plaintiffs' Writ of Summons identifies John/Jane Nurse Anesthetist in the caption of the case. Such identification is permissible and in no way should same interfere with Plaintiffs' expert's ability to render various medical opinions. By way of further response, see paragraph 7. 9. See response to numbers 7 and 8 above. 10. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation of this paragraph and therefore same is denied. By way of further response, Plaintiffs' use of the phrase "but additional information is required" is so vague as to render this allegation meaningless. By way of further response, as stated in paragraph 5 Answering Defendant will provide Plaintiffs' counsel will a full and complete copy of the medical chart pertaining to Plaintiffs' decedent. 11. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation of this paragraph and therefore same is denied. By way of further response, it appears Plaintiffs are in possession of medical records. 12. On information and belief it is admitted that Mr. Derr is deceased. 3 13. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation of this paragraph and therefore same is denied. By way of further response, it is specifically denied that Plaintiffs are entitled to take pre-complaint depositions in order to "clarify the events" in this case. It is further specifically denied that Plaintiffs are entitled to pre-complaint depositions in order to file a sufficient complaint and or for expert review. See, McNeil v. Jordan, 586 Pa. 413, 894 A.2d 1260 (2006); Speicher v. Toshok 63 Pa. D&C 4`h 435 (C.C.P. Alleg. 2003). Finally, by way of further response it is specifically denied than anything more than a full and complete copy of the medical records are needed by to in order to proceed with the filing of the complaint and the required certificate of merit. 14. Denied. It is specifically denied that anything other than a complete copy of Plaintiffs' decedent's medical chart is required in order for Plaintiff to file an adequate complaint and or certificate of merit. Plaintiffs are not entitled to pre-complaint depositions. See, McNeil and Speicher, supra. 15. Denied. See number 14 above. 16. Denied. See number 14 above. 17. It is specifically denied that Plaintiff is entitled to pre-complaint depositions for the purposes stated in their motion. 18. It is admitted generally that Pa. R.C.P. 1042.3(a) requires the filing of a certificate of merit in an action such as the instant action. It is denied, however, in this action, Plaintiffs either need or are entitled to pre-complaint depositions in order to fullfill the requirements of Pa. R.C.P. 1042(a). 4 19. It is admitted generally that Pa. R.C.P. 1042.3(a) requires the filing of a certificate of merit in an action such as the instant action. It is denied, however, in this action, Plaintiffs either need or are entitled to pre-complaint depositions in order to full fill the requirements of Pa. R.C.P. 1042(b). 20. It is admitted generally that Rule 1042.5 may serve a request for production of documents in a medical professional liability claim without leave of court. As indicated, Answering Defendant will provide Plaintiffs with a full and complete copy of the Plaintiff's medical chart of Plaintiffs' descendent upon request. 21. Admitted. 22. Denied as stated. While Plaintiff s have accurately quoted the not accompanying the Rule of 1042.5, Plaintiffs' emphasis on the word "shall" is misleading. Plaintiff is not automatically entitled to any discovery in a medical professional liability action but only that discovery which up on proper showing by Plaintiffs, is required for a licensed professional to be able to provide a statement of merit. It is specifically denied, in this case, that Plaintiff has made the required showing. See, McNeil and Speicher, supra. 23. It is admitted only that Plaintiffs have accurately referenced Pa. R.C.P. 4003.8. It is specifically denied that Rule 4003.8 permits the Plaintiffs in this action to complete pre- complaint discovery. See, McNeil and Speicher, supra. 24. It is admitted only that Plaintiffs have accurately referenced Pa. R.C.P. 4007.1(c). It is specifically denied that Rule 4007.1(c) permits the Plaintiffs in this action to complete pre- complaint discovery. See, McNeil and Speicher, supra. 25. The allegation contained in this paragraph is a conclusion of law to which no response is required. By way of further response it is specifically denied that the pre-complaint depositions sought by Plaintiffs in this case are material or necessary to Plaintiff to either obtain a statement of merit or draft and serve a suffocant complaint. See, McNeil and Speicher, supra. 26. The allegation contained in this paragraph is a conclusion of law to which no response is required. To the extent that a response is deemed required it is specifically denied that without the pre-complaint depositions sought by Plaintiffs that Plaintiffs will be unfairly prejudiced nor will they be unable to obtain expert review or draft a complaint. 27. The allegation contained in this paragraph is a conclusion of fact and of law to which no response is required. To the extent that a response is deemed required it is hereby specifically denied that Plaintiffs request to take numerous pre-complaint discovery depositions will not cause unreasonable burden, annoyance, embarrassment, oppression or expense to Answering Defendant. On the contrary, the safe guards of Pa. R.C.P. 1042.5 are precisely the reason why pre-complaint discovery in professional medical liability actions is severely limited. 28. Denied. It is specifically denied that Plaintiffs are not in possession of all that is required in order to obtain expert review and draft and file a sufficient complaint. See also, paragraphs 5 and 7. 29. Denied as stated. Plaintiffs requested relief should be denied by this Honorable Court for the reasons stated herein. WHEREFORE, Answering Defendant, Holy Spirit Health System, Holy Spirit Hospital Of The Sisters Of Christian Charity, Holy Spirit Hospital And John/Jane Doe Nurse Anesthetist, respectfully requests that this Honorable Court deny Plaintiffs' Motion for Pre-complaint discovery and depositions and require Plaintiffs to file a Complaint and a Certificate of Merit within the time periods set forth by the Pennsylvania Rules of Civil Procedure. 6 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: A ril 2008 By: Francis E. Marshall, Jr., Esquire ATTORNEY I.D. NO. 27594 Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 James DeCinti, Esquire ATTORNEY I.D. NO. 77421 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST 7 CERTIFICATE OF SERVICE AND NOW, April 4-, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RESPONSE OF DEFENDANT, HOLY SPIRIT HEALTH SYSTEM, IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT PRE-COMPLAINT DISCOVERY AND TO TAKE PRE-COMPLAINT DEPOSITIONS IN AID OF OBTAINING CERTIFICATES OF MERIT AND TO DRAFT AND SERVE SUFFICIENT COMPLAINT, AND MOTION TO STAY PROCEEDINGS FOR SUFFICIENT PERIOD TO ALLOW PLAINTIFFS TO CONDUCT DISCOVERY upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Peter M. Villari, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt H art & Vascular Gro p, P.C.) R Thomas M. Chairs, Esquire l `s PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Deceased, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2008, upon consideration of Plaintiffs Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion To Stay Proceedings for a Sufficient Period To Allow Plaintiffs to Conduct Discovery, the Response of Defendant Holy Spirit Health System in opposition to Plaintiffs' motion, and the Defendants' Thach Nguyen, M.D., and Moffitt Heart & Vascular Group's answer to Plaintiffs' motion, a discovery conference is scheduled in chambers of the undersigned judge for Monday, June 16, 2008, at 9:30 a.m. BY THE COURT, ,/Peter M. Villari, Esq. Nicole T. Matteo, Esq. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Attorneys for Plaintiffs Wesley r, Jr., J. z a ? M. Chairs Esq. Thomas M 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Evan Black, Esq. P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. I iF-S rnaILL P y?a.4?o8 rc 1 PHILIP C. RICAHRDS, IN THE COURT OF COMMON PLEAS OF and LAURA D. RICHARDS, : CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the Estate of Chad M. Derr, Deceased, Plaintiffs V. HOLY SPIRIT HEALTH, SYSTEM, et. al, Defendants CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 16th date of June, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion to Stay Proceedings for a Sufficient Period To Allow Plaintiffs To Conduct Discovery, and following a conference in chambers in which Plaintiffs were represented by Nicole T. Matteo, Esquire, Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist, were represented by Thomas M. Chairs, Esquire, and Defendants Thach Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. were represented by Hugh P. O'Neill, III, Esquire, and Plaintiffs' counsel having indicated Plaintiffs' willingness to assume the expense of the time of Dr. Thach Nguyen and the Nurse Anesthetist with respect to the depositions requested, it is ordered and directed as follows: 1. Within 14 days of today's date, Defendants shall supply to Plaintiffs' counsel copies of any medical records with respect to the decedent and related to the incident forming the basis for this suit to Plaintiffs' counsel that have not heretofore been supplied; 2. Within 90 days of notice by Plaintiffs' counsel as lfNVtklASNN d 90 I add 81 NAr 600Z ?1 vi°2i rtli? uC? 3HI JO ...' to the areas of deposition being pursued, Defendants Thach Nguyen, M.D. and John/Jane Doe, Nurse Anesthetist, shall submit themselves to depositions for purposes of pre-complaint discovery; 3. The expense of the physician and nurse anesthetist with respect to time which they spend in the depositions shall be the responsibility of Plaintiffs; and 4. Nothing herein is intended to preclude any Defendant from filing a motion to limit or preclude any further depositions of these witnesses. 0? Wesiey 0 Nicole T. Matteo, Esquire 8 Tower Bridge 161 Washington Street, Ste 400 Conshohocken, PA 19428 For the Plaintiffs ? Thomas M. Chairs, Esquire 1200 Camp Hill By-Pass Ste 205 Camp Hill, PA 17011 For Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Hugh P. O'Neill, III 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. pcb `0P l £s M"21 6,L By the Court, VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded SUBSTITUTION OF SUCCESSOR James D. Derr, by and through his counsel, Villari, Brandes & Kline, P.C., requests permission to become a party to the pending action as a successor in interest to Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr, deceased pursuant to Pa.R.C.P. 2352. In support thereof, Plaintiff asserts as follows: 1. Chad M. Derr died intestate on March 5, 2006. 2. Philip C. Richards and Laura D. Richards were appointed Co-Administrators of the Estate of Chad M. Derr on or about March 17, 2006 3. Thereafter, on or about April 11, 2008, Philip C. Richards and Laura D. Richards were withdrawn as Co-Administrators of the Estate of Chad M. Derr by the Register of Wills of Cumberland County and the Register of Wills was Ordered to grant Letters of Administration to James D. Derr. A true and correct copy of the Court Order stating same is attached hereto as Exhibit "A." 4. Thereafter, on or about June 10, 2008, James D. Derr was appointed Administrator of the Estate of Chad M. Derr. A true and correct copy of the Short Certificate is attached hereto as Exhibit "B." WHEREFORE, for the reasons set forth herein, Plaintiff respectfully request that Plaintiffs "Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr" be replaced with Plaintiff "James D. Derr, Administrator of the Estate of Chad M. Derr." Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. By: __??o-_ D eter?M.. Vil ari, Esq. Nicole T. Matteo, Esq. Attorneys for the Deceased Party Dated: 7/ ZQ$_ ,,'PR 0 7 2008? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Chad Michael Derr, No. 21-2446-0240 Late of Shiremanstown, Borough, Deceased COUNTY OF CUMBERLAND AND NOW, this day of , 2008, upon the presentation of the foregoing petition, Laura D. Richards, and Philip C. Richards, are removed from the office of Administrators and the Register of Wills is ordered to grant letters of administration to James D. Derr for the `Estate of Chad Michael Derr, s a , c ALt tC? Zsi d r` v } c d i?+ { t, e ?c c i? f ?S By the Court: C O m -j C) .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 'A SHORT CERTIFICATE I, GLEN& FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 10th day of June, Two Thousand and Eight, Letters of ADMINISTRATION in common form were granted , by the Register of said County, on the estate of CHAD MICHAEL DERR late of SHIREMANSTOWN BOROUGH (Fast mwie usd in said county, deceased, to JAMES D DERR (First Middle, Lsstl and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 10th day of June Two Thousand and Eight. File No. PA File No. Date of Death S.S. # 2006-00240 21- 06- 0240 310512006 188-64-9320 r NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL ,?x' 1 _? ?? = ? ' ?, r?,?? 4 ` ? 4? S ?? ???? ? ? ??rn •? VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs VS. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Substitution of Successor was served upon counsel for the defendants the via postage paid, first class mail: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILL-ARI, BRANDyE?S & KLINE, P.C. Dated: -7 /0 By: t I ? 1 I Nicole T. Ma eo, Esquire Attorney for Plaintiff 4 t co - CD v ..,. 0. . JUL 0 9 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded ORDER AND NOW, this ? y _ day of , 2008, the attached Substitution of Successor to replace Plaintiffs "Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr" with Plaintiff "James D. Derr, Administrator of the Estate of Chad M. Derr," is hereby APPROVED. The Caption shall now read as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of Chad M. Derr, deceased Plaintiff vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital -and- HOLY SPIRIT HOSPITAL -and- VIN AIASNN3d 61 :S WV 91 Inr OOOZ 10 Or'liO ' 3Hi JO DOU-4,1_031 MOFFITT HEART & VASCULAR GROUP, P.C. -and- THACH N. NGUYEN, M.D. -and- JOHN/JANE DOE NURSE ANESTHETIST, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite exercise of due diligence Defendants istribution: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 /Thomas Counsel for Plaintiff M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Counsel for Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and Johnfdane Doe Nurse Anesthetist Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants, Moffitt Heart and Vascular Group, P.C. and Thach N. Nguyen, M.D. eop t -E-S rrl a t' LECL 'y?11.16 BY THE COURT: VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire, Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of No. 08-1460 Chad M. Derr, deceased Plaintiff Jury Trial Demanded VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Pre-Complaint Deposition of Defendant, John/Jane Doe Nurse Anesthetist was served upon counsel for the defendants on this 11th day of August, 2008, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BR,4NDES & KLINE, P. C. Dated: By: 71wtL nazuo icole T. Ma o, Esquire Attorney for Plaintiff Cl) N a =. Q ?r. cry ... -t x .. C4 p co -? VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of No. 08-1460 Chad M. Derr, deceased Plaintiff Jury Trial Demanded VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Pre-Complaint Deposition of Defendant, Thatch Nguyen, M.D., was served upon counsel for the defendants on this 11 `" day of August, 2008, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 ES& KLINE, P. C. VILLARI, BR,4NDmamn Dated: By: icole T. Mat o, Esquire Attorney for Plaintiff C ca m C - a C7- a Cla ms VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of CHAD M. DERR Plaintiff No. 08-1460 Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that the Notice of Deposition of Thach N. Nguyen, M.D. was served upon counsel for the defendants the via postage paid, first class mail: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: By: n Wb, D 1 p•(3 1/21/0 cole T. Matteo, Esquire Attorney for Plaintiff t k = f t l~ i {? 368236 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 (Fax) JAMES D. DERR, ADMINISTRATOR OF THE ESTATE OF CHAD M. DERR, Plaintiffs ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL'S MOTION FOR EXTENSION OF TIME AND NOW, comes the Holy Spirit Hospital by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and respectfully requests an extension of time for discovery deadlines. 1. All parties have stipulated and agreed to an extension of time to accomplish the Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and Defendant Jane Doe, CRNA. 2. The parties respectfully request an extension of time to allow for the accomplishment of the depositions of Thach N. Nguyen, M.D. and Jane Doe, CRNA on or before January 15, 2009. 3. This Court's prior Order dated June 16, 2008 is attached hereto as Exhibit "A". 1 4. It is respectfully requested that this Court's prior Order remain in full force and effect except as amended to allow for a brief extension of time to accomplish the depositions of Defendants Thach N. Nguyen, M.D. and Jane Doe, CRNA. 5. All counsel of record have been contacted and concur with this request. 6. The Honorable J. Wesley Oler, Jr. executed the Court's prior Order dated June 16, 2008. WHEREFORE, Holy Spirit Hospital requests the Court enter an Order extending the time to accomplish Pre-Complaint depositions in this matter. Date: October 28, 2008 Respectfully submitted, DICKIE, MCCAMEY By: c CHILC , P.C. Thomao: Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE' ANESTHETIST 2 EXHIBIT "A" PHILIP C. and LAURA Co-Admini; Estate of Deceased, V. RICAHRDS, D. RICHARDS, strators of the Chad M. Derr, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLY SPIRIT HEALTH, SYSTEM, et. al, Defendants CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 16th date of June, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion to Stay Proceedings for a Sufficient Period To Allow Plaintiffs To Conduct Discovery, and following a conference in chambers in which Plaintiffs were represented by Nicole T. Matteo, Esquire, Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist, were represented by Thomas M. Chairs, Esquire, and Defendants Thach Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. were represented by Hugh P. O'Neill, III, Esquire, and Plaintiffs' counsel having indicated Plaintiffs' willingness to assume the expense of the time of Dr. Thach Nguyen and the Nurse Anesthetist with respect to the depositions requested, it is ordered and directed as follows: 1. Within 14 days of today's date, Defendants shall supply to Plaintiffs' counsel copies of any medical records with respect to the decedent and related to the incident forming the basis for this suit to Plaintiffs' counsel that have not heretofore been supplied; 2. Within 90 days of notice by Plaintiffs' counsel as to the areas of deposition being pursued, Defendants Thach Nguyen, M.D. and John/Jane Doe, Nurse Anesthetist, shall submit themselves to depositions for purposes of pre-complaint discovery; 3. The expense of the physician and nurse anesthetist with respect to time which they spend in the depositions shall be the responsibility of Plaintiffs; and 4. Nothing herein is intended to preclude any Defendant from filing a motion to limit or preclude any further depositions of these witnesses. Nicole T. Matteo, Esquire 8 Tower Bridge 161 Washington Street, Ste 400 Conshohocken, PA 19428 For the Plaintiffs Thomas M. Chairs, Esquire 1200 Camp Hill By-Pass Ste 205 Camp Hill, PA 17011 For Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Hugh P. O'Neill, III 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. pcb TRI COPY FROM RECORD laf LS; ?; y whored, I We unto Sit MY hand pj tha swai of mid -com at Carlisle, ft rte 04k a +?rnrt?o?crta By the Court, CERTIFICATE OF SERVICE AND NOW, October 28, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing HOLY SPIRIT HOSPITAL'S MOTION FOR EXTENSION OF TIME upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Peter M. Villari, Esquire Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Evan Black, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) Thom s . hairs, Esquire ?' ? c °-_-? ?a? ?.} ; ?, y-'- xV t3"? OCT 3 0 2008C, DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHNIJANE DOE NURSE ANESTHETIST JAMES D. DERR, ADMINISTRATOR OF IN THE COURT OF COMMON PLEAS THE ESTATE OF CHAD M. DERR, I OF CUMBERLAND COUNTY, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants PENNSYLVANIA NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this It c day of 2008, upon consideration of the Holy Spirit Hospital's request for an extension of time and the concurrence of the counsel of all parties of record, it is hereby ORDERED and DECREED that this Court's Order dated June 16, 2008 is AMENDED to permit the accomplishment of the Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and Jane Doe, CRNA on or before January 15, 2009. In all other respects this Court's Order dated June 16, 2008 shall remain in full force and effect. BY THE COURT: co w %7- lz:zjll TO r X CL M THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. ant Mnffitt Heart & Vascular Grow JAMES D. DERR, Administrator of the Estate of Chad M. Derr, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 CIVIL ACTION - LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, et al., Defendants MOTION OF DEFENDANTS THACH NGUYEN, M.D. AND MOFFITT HEART & VASCULAR GROUP TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANTS' DISCOVERY AND NOW comes Defendants by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby files the instant Motion to Compel and avers as follows: 1. Plaintiff initiated this malpractice action against Defendants by filing of a Writ of Summons on or about March 4, 2008. 2. Defendants filed a Rule to File a Complaint. 3. Plaintiff filed a Motion for Leave to Conduct Pre-Complaint Discovery and to Take Pre-Complaint Depositions in aid of obtaining Certificates of Merit and to draft and serve a sufficient Complaint, and to stay the filing of a Complaint. i ? 4. Defendants opposed Plaintiff's Motion. 5. After oral argument, Judge Oler of this Honorable Court granted Plaintiff's Motion in Order dated June 16, 2008. A copy of this Court's Order is attached hereto as Exhibit A. 6. On October 31, 2008, by agreement of the parties, the deadline for completion of pre-Complaint depositions of Dr. Nguyen and Jane Doe, CRNA, was extended to January 15, 2009. 7. Plaintiff's action appears to concern medical care and treatment rendered to Plaintiff's decedent, Chad Derr, on or about March 5, 2006, which included the performance of a cardiac catheterization performed at Holy Spirit Hospital on March 5, 2006. 8. Chad Derr died on March 5, 2006. 9. Plaintiff alleges that Chad Derr died as a result of and/or during the cardiac catheterization performed on March 5, 2006. 10. Under cover of letter dated July 23, 2008, Defendants Nguyen and Moffitt Heart & Vascular Group served Interrogatories and a Request for Production of Documents Directed to Plaintiff. A copy of Defendants' Interrogatories and Request for Production of Documents and correspondence dated July 23, 2008, are attached hereto as Exhibit B. 11. Defendants are aware that James D. Derr replaced Philip C. Richards and Laura D. Richards as Administrator of the Estate of Chad M. Derr. 12. It is believed that James D. Derr has died. 2 IL s 13. To date, no pleadings have been filed to substitute a party to replace James Derr as Plaintiff in this case as Administrator of the Estate of Chad M. Derr. 14. Plaintiff's answers to Defendants' discovery was due on or about August 23, 2008. 15. Under the circumstances, defense counsel had several conversations with Plaintiffs counsel with respect to providing verified responses to Defendants' discovery prior to the scheduled deposition of Dr. Nguyen, which was scheduled to take place on November 4, 2008. 16. It was agreed that answers would be produced prior to the scheduled deposition of Dr. Nguyen by October 31, 2008. 17. As of November 4, 2008, Defendants had not received responses to Defendants' discovery. 18. On November 4, 2008, defense counsel spoke with Plaintiff s counsel with regard to when answers could be expected. Plaintiffs counsel estimated that responses might be forthcoming in two weeks. 19. At this time, Plaintiffs responses to Defendants' discovery are over two months overdue. 20. Defendants file this Motion to Compel to obtain full and complete responses from Plaintiff to Defendants' Interrogatories and Request for Production of Documents. 21. Defendants request full and complete responses to Defendants' discovery prior to the deposition of Dr. Nguyen. 3 4 OR 22. Rule 4003.8 regarding pre-Complaint discovery does not restrict the Defendants' service of discovery. Rather, Rule 4003.8 expressly concerns discovery from a Plaintiff in aid of preparing a Complaint. 23. Rule 4005 provides that Interrogatories may be served upon any party at the time of the original process or at any time thereafter. 24. Rule 4009.11 provides that a request may be served without leave of court upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. Accordingly, there is no restriction with regard to the service of Requests for Production of Documents Directed to Plaintiff in this case. 25. For the reasons identified above, Defendants respectfully request that this Honorable Court grant Defendants' Motion to Compel and enter an Order in the form proposed requiring Plaintiff provide full and complete responses to Defendants' discovery no later than 15 business days prior to the deposition of Dr. Nguyen. WHEREFORE, Defendants respectfully request this Honorable Court grant their Motion to Compel and enter an Order in the form proposed. Respectfully submitted, THOMAS, TH ' AS & R, LLP Date: (/ 6 By '' ugh Bill, Esquire I.D. #69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group 639579.1 4 mod °ovs Aa 931&3S Qpppg _ PHILIP C. RICAHRDS, IN THE COURT OF COMMON PLEAS OF and LAURA D. RICHARDS, CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the Estate of Chad M. Derr, Deceased, Plaintiffs . CIVIL ACTION - LAW HOLY SPIRIT HEALTH, SYSTEM, et. al, Defendants NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 16th date of June, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion to Stay Proceedings for a Sufficient Period To Allow Plaintiffs To Conduct Discovery, and following a conference in chambers in which Plaintiffs were represented by Nicole T. Matteo, Esquire, Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist, were represented by Thomas M. Chairs, Esquire, and Defendants Thach Nguyen, M.D'., and Moffit Heart & Vascular Group, P.C. were represented by Hugh P. O'Neill, III, Esquire, and Plaintiffs! counsel having indicated Plaintiffs' willingness to assume the expense of the time of Dr. Thach Nguyen and the Nurse Anesthetist with respect to the depositions requested, it is ordered and directed as follows: 1. Within 14 days of today's date, Defendants shall supply to Plaintiffs' counsel copies of any medical records with respect to the decedent and related to the incident forming the. basis for this suit to Plaintiffs' counsel that.have not heretofore been supplied; 2. Within 90 days of notice by Plaintiffs' counsel.as JUN 9 0 2000 to the areas of deposition being pursued, Defendants Thach Nguyen, M.D. and John/Jane Doe, Nurse Anesthetist, shall submit themselves to depositions for purposes of pre-complaint discovery; with respect to time which they spend in the depositions shall be the responsibility of Plaintiffs; and 4. Nothing herein is intended to preclude any Defendant from filing a motion to limit or preclude any further depositions of these witnesses. Nicole T. Matteo, Esquire 8 Tower Bridge 161 Washington Street, Ste 400 Conshohocken, PA 19428 For the Plaintiffs Thomas M. Chairs, Esquire 1200 Camp Hill By-Pass Ste 205 Camp Hill, PA 17011 For Defendants Holy. Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Hugh P. O'Neill, III 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C.. pcb TRUE COPY FROM RECON), 10 Testimony Whereof, there unto set my hand and.the i of Wd C at:Carl e, a r IV ?thornrtar+? By the Court, M Sd ®031oogb 3133H 00006 L THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 www.ttWaw.com C. Andrea Gadd, Paralegal (717) 237-7123 a2addreutthl aw. con7 July 23, 2008 Peter M. Villari, Esquire Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Re: James D. Derr, Administrator for the Estate of Chad M. Derr vs. Holy Spirit Health System, et al. Docket No.: CCP Cumberland County 08-1460 TT&H file no.: 355-80515 Dear Mr. Villari: Enclosed please find: 1. And original and copy of Defendants' Thach Nguyen, M.D. and Moffitt Heart & Vascular Group Interrogatories Directed to James D. Derr, Administrator of the Estate of Chad M. Derr - 1 It Set; and 2. Defendants' Thach Nguyen, M.D. and Moffitt Heart & Vascular Group Request for Production of Documents and Things Directed to James D. Derr, Administrator of the Estate of Chad M. Derr - 1St Set. Thank you in advance for your attention and timely response to this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP C. Andrea Gadd Paralegal to Evan Black, Esquire CAG/Enclosures/61 1564.1 cc: Thomas M. Chairs, Esquire (w/Encl.) 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 Baltimore Office • Six East Mulberry Street, Baltimore, MD 21202 + Phone: (410) 752-0075 + Fax: (410) 752-4744 11 THOMAS, THOMAS & HAFER, LLP Lean Black. Esquire Attorne\ I.D. 17884 HuL,h P O'Neill. Ill. Lsquire Attorney I.D. 69956 30> North Front Street 1'.0. Box 999 1-larrishurb. PA 17108 (717)441-7051 Attornevs for Defendant, Thach Nguven. M.D. and Moffitt Heart 8: Vascular Group JAMES D. DERR, Administrator of the Estate of Chad M. Derr, deceased, Plaintiff. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA HOLY SPIRIT HEALTH SYSTEM, et ail.. NO. 08-1460 CIVIL ACTION - LA-W JURY TRIAL DEMANDED Defendants DEFEND A:'NTTS' THACH NGUYEN, INI.D. AND MOFFITT HEART &VASCULAR GROUP INTERRO A-TORIES DIRECTED TO `PLAINTIFF.NAMES I). DERR, _ADMINSTR.ATOR OF THE ESTATE 'OF CHAD M.DERR To: Administrator of the Estate of Chad M. Derr c/o Peter M. Villari. Esquire Villari. Brandes & Mine, P.C. 8 Tower Bridge. Suite 400 161 Washington Street Conshohocken. PA 19428 PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers. in writinc and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space prop ided. If there is insufficient space to answer an Interrogatory. the remainder of the Answer shall follow on a supplemental sheet. 611='_'1-1 DEFINITIONS A___N1D INSTRUCTIONS (A) Whenever the term "document" is used herein. it includes (whether or not specifically called for) all printed. typewritten. handwritten. graphic or recorded matter. however formal or informal. (B) Whenever you are asked to "identify" a document. the following information should be given as to each document of which you are aware. whether or not you have possession. custody or control thereof: (1) The nature of the document (e.g.. letter, memorandum. computer print-out. minutes. resolution. tape recording. etc.): (2) Its date (or if it bears no date, the date when it was prepared): (3) The name; address, employer and position of the signer or signers (or if there is no signer. of the person who prepared it): (4) The name. address. employer and position of the person. if any. to whom the document was sent: (5) If you have possession., custody or control of the document, the location and desianation of the place or file in which it is contained. and the name. address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document. the present location thereof and the name and address of the organization having possession, custody or control thereof. and 7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication. the following information should be given as to each oral connnunication of which you are aware. whether or not you or others were present or participated therein: (1) The means of communication (e.g. telephone. personal conversation, etc.):. (2) Where it took place: (3) Its date: (4) The names. addresses. employers and positions (a) of all persons who participated in the communication: and (b) of all other persons who were present during or who overheard that conununication: 6112?1-1 (5) The substance of who said what to whom and the order in which it was said: and (6) Whether- that communication or any part thereof is recorded. described or referred to in anv document (ho\,\,ever informal) and. if so. an identification of such document in the mariner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged. you need not set forth the brief statement of the subject matter of the document. or the substance of the oral communication called for above. You shall. however. otherwise "identify" such document or oral communication and shall state each around on v,,hich you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person., the following information should be given: (1) The name, present address and present employer and position of the person: and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written. or otherwise, and if so, the title and nature of any such proceeding. the date of the testimonv, whether you have a copy of the transcript thereof. the name of the person to whom the statement was giver.. where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "You" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys. consultants, sureties. indemnitor. insurers. investigators. and an), other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. 611221-1 BACKGROUND Specifically with regard to the Decedent please state: (a) His full name: (b) Any other names the Decedent used or b} which she was ever lmown: (c) The Decedent's date and place of birth: (d) The Decedent's marital status at the time of the incident: (e) The dates and places of all other marria??es. if any: (f) The last known address of the Decedent prior to his death: (g) The Decedent's social security number: (h) The Decedent's Blue Cross,/Blue Shield number. Veteran's claim number and the name of any health and accident insurance company covering any injuries related to this lawsuit; and (1) The schools that the Decedent attended and the degrees or certificates awarded, if any. ANSNNTR: 611221-1 State the cause of death recorded on Decedents Death Certificat.e:. the name. addresses and specialties of each doctor furnishinL information appearing on the Death Certificate: the address and occupation of each person listed on the certificate as an infon-nant. as well as that individual's relationship with the Decedent. Please consider this a Request to Produce said Death Certificate. ANSWER: 611*2?1-1 SURVIVORS AND DEPENDENT'S State the names. ages. birth dates. present address and address at the time of Decedent's death of any children born of Decedent or adopted by Decedent. Include the full name of the child(ren), and the full name of the other parent. Please state whether the child(ren) was (were) being supported by someone other than the Decedent at the time of the Decedent's death and. if so. the name and address of such person. ANSWER: 4. State the name of each person who resided with the Decedent at the time of his death and describe the person's relationship to the Decedent. AN S VdER: 6112 21-1 >. State the name. age. relationship to the Decedent- and present address of anyone who was dependent on the Decedent for support at the time of Decedent's death. ANSWER: 6. For each person surviving Decedent and claiming damages in this action. please state m7bether each survivor has received the proceeds of any insurance policy on the life of the Decedent. or is named as a beneficiary in anv such policy and. if so. state the name of the insurance company; the number of the policy: and the amount of proceeds paid or payable to each survivor. ANSWER: 6112?1-1 EDUCATION AND JOB TRAINING Describe the Decedent's General educational backuround and job traulin?. Please note any scholastic honors or awards and the respective dates of receipt. If the Decedent had any special or unusual skills, talents, or abilities. describe each skill. talent. or ability and state any recognition Decedent received because of it. AN SNV ER: 611 1221-1 WITNESSES State the full name and last l novas residence address. business address and telephone number of each person who: (a) Was a witness or claims to have witnessed the events being alleged. through sight or hearing: (b) Has knowledge of the facts concenzing this incident being alleged or who was present at the scene immediately_ before; at the time of. or immediately after the alleged occurrence(s): and (c) Give a brief description of the testimony the individual(s) listed above intend to give at the time of trial. ANSWER: 611221-1 STATEMENTS 9. Do you or anyone actinc on your- behalf have statements from an,,, witness other than yourself? If so. give the name and address of each such witness. the date of the statement. and whether such statement was written or oral. Please consider this a Request to Produce each statement referred to in the above answer. ANSWER: 611221-1 MEDICAL HISTORY 10. Give a full description. including, the inclusive dates of each iuljurN, and illness of Decedent during the ten (10) years preceding the incident. speci.fying the extent to which there was a recover): at the time of the incident on which this suit is based. ANSWER: 6112-21-1 1 1. To the extent not set forth in your ans«iers to the preceding Interrogatories. state whether Decedent was treated or examined by any doctor. nurse. or therapist or was treated or examined in or confined to. as outpatient or as inpatient. any hospital. clinic. or nursing home within the ten years prior to the incident upon which this action is based. and state : (a) The names and addresses of each such doctor. nurse, therapist. hospital. clinic. or nursing home; (b) The nature of the treatment rendered or the examination performed by each such doctor. nurse, therapist. or in each such hospital. clinic, or nursing,- home: and (c) Each date upon which each such treatment was rendered. AN SN) 7ER: 611221-1 l?. State the name and address of Decedents faniil? physician at the time of treatment- surgery or examination upon which this action is based. A,N SWER: 13. 'What is the name and address of each physician or health care provider consulted by Decedent concerning the condition of her health during the ten (10) years prior- to his death. specifying as to each occasion the date and purpose for said consult. Please include hospitalizations. A.NSIVER: 61121-1 1 4. Describe the name and quantity of each type of drug. tranquilizer. sedative. or other medication taken or used by the Decedent during, the last five (-5) years of his life. specifN ink-, the frequency of use and purpose of use. ANSWER: 611 ?_2 1-1 15. (a) Vvere anN medicines. controlled substances. druLTs or medical supplies used bN the Decedent prior to his death? (b) If so. for each type of medication. controlled substance. drug, o7- medical supplies. state: (1) The name or description; (ii) The naive and addresses of the doctor or practitioner prescribin<_, each medication and/or supply: (iii) Each date and place of acquisition.. and (1v) An itemization of the charges for same and the amount of each such charge that has been paid. ANSWER: 61122 1 -1 1 6. Please itemize the damages you claim on behalf of Decedent for: (a) Lost earnings: ("b) Future loss of earning capacity: (c) Other future losses (and specifi the nature of such losses): (d) Medical and hospital expenses: and (e) Property damage. If you are claiming that you sustained a financial loss. please consider this a Request to Produce all bills.. canceled checks. or copies thereof reflecting such charges. AN S`ATR: 611221-1 17. (a) Either prior to or subsequent to the treatment. surgery. or examination referred to in the Complaint. had Decedent ever suffered and injuries. illness. or diseases in those portions of the body claimed by you to have been affected bNI the treatment. surgery. or examination referred to in the Complaint? (b) if the answer to 17(a) is in the affirmative. then please state: (1) A description of the injuries or diseases Decedent suffered: (ii) The date and place of any accident. if such an i'.ljury or disease was caused by an accident; and (iii) The names and addresses of all hospitals, doctors. or practitioners who rendered treatment or examination because of any such injuries or diseases. AN SNA'ER: 61 1 -1 1 8. Describe the personal services Decedent performed for a parent. spouse. or child who survived him. Such a description should include the name. address. and relationship to the Decedent of the person for whom this service was performed: a description of each service performed: the individual:. the total time spent bN Decedent performing the services per year. and the frequency with which he performed each service: the date Decedent last performed each service; the compensation. if any, Decedent received for performing each service; the naive. address. and relationship of Decedent of each person compensating Decedent for each service:. the total cost to such person of getting to perform each service performed by Decedent:. and the name, address and occupation of each person performing such a service since Decedent's death. AIISV'TR: 6i1??i-1 EMPLOYMENT HISTORY 19. For a period of five (5) years immediateIN preceding the alleged incident. please state: (a) The name and address of each of Decedent's employers or. if Decedent was self-employed during that period. each of his business addresses and the name of the business while self-employed: the period of employment: the position held: the nature of the work being performed: and the name of Decedent's immediate supervisor: and (b) Decedent's average weekly earning from each employment or self-employment: the average number of hours worked by Decedent per week in each employment or self-employment. and the amount of income from employment or self employment reported on Decedent's federal income tax return for each year. (c) The dates of all absences from Decedent's occupation. other than vacations, holidays. personal days or ordinary days off, and the reasons for each absence and the amount of any earnings lost by him because of such absences. ANSWER: 61122 1 -1 20. (a) u-ere federal or state income tax returns filed b,or on behalf of the Decedent in ativ of the five years inullediately preceding his death? (b) If the answer to 1 5(a) is in the affirmative. then please consider this a Request to Produce copies of each federal and state income tax return filed by or on behalf of Decedent. ANSWER: 6112`'1-1 INSURANCE 1. if the Decedent ever had an application for life. health. accident. medical. hospital. liability. fire. or casualty insurance rejected or rated. please state: (a) The date of the application; the type of insurance applied for: and the date of rejection* and (b) The name and address of the insurance company with which the application was filed: and the reason given for the rejection or rating. !kN SN< IER: 6112?1-1 ??. NVhat expenses. listing them item b, item. were incurred in connection with funeral. burial. cremation. or other means of attending to Decedent's renlains' ANSWER: 611 -1 Have you given any statement concerning this action or its subject matter? If so. state: (a) The name and last known address of each person to whom a statement ,,vas given: (b) When and where each statement was given: and (c) Please consider this a Request to Produce the statements referred to in the answer- given above. ANSWER: 611221-1 _2 4. Do you k11ow of the existence of any photographs. diagrams. or models of the surrounding area or the areas of the treatment. surgery. or examination or an%° other matters or things involved in Decedent's treatment. surgerv. or examination? If so. state: (a) The date(s) when such photographs. diagrams. or models were made: (b) The name and address of the party making them: (c) NYhere they were made; (d) The object(s) or subject(s) each photograph.. diagram. or model represents:. and (e) Please consider this a Request to Produce the photographs. diagrams. and/or models referred to above. ANSWER: 611221-1 25. Have you or anyone acting on behalf of Decedent obtained from an- person any written or electronically recorded memorializations of conduct or conversations between you or Decedent and any of the Defendants which are relevant to this action or its subject matter? If so. state: (a) The name and last known address of each party to such conduct or conversation: (b) When and where each such conduct or conversation tool: place. and whether it was reduced to writin(l: (c) The name and address of the person or persons who have custod), of any such memorializations of conduct or conversations that were reduced to writing or otherwise recorded: (d) Please consider this a Request to Produce those statements referred to in the above answer: (e) State whether you or anyone else known to you or acting on behalf of Decedent has any knowledge as to the existence of any electronically recorded communication, between any party to this action or his agent and any other person or witness to any of the conversations or events. relating in any way to the Plaintiffs' claims against the Defendant: (f) If so_ please state the name and address of the party or person who participated in the taking of each such electronically recorded communication. the dates each such recording was taken. and any written consent that was obtained from all persons who participated in the electronic recording; (g) The identity of the person who is currently in possession of such electronic recording: and (h) The name. address and employer of the person at whose request the electronic recordin?T was made. ANSWER: 611221 -1 26. If you claim or contend that the Defendants, or anyone on behalf of the Defendants, made anN statement or admission to Decedent. whether in your presence or not. at any time concerning the alleged occurrence or the cause of any injure to you as set forth in the Complaint. please state. for each such statement or admission. (a) The name. address. and physical description of each person who made the statement or admission: (b) The identity. including name. address. and physical description of each person. including yourself. who was present when the statement or admission was made: (c) The date. time, and place. and the circumstances preceding and giving rise to the statement or admission: and (d) The substance and content of the statement or admission, including who said what to whom.. and the response thereto. also stating who said what to whom. ANSWER: 61121-I 27. State the specific facts known to you or anyone acting on behalf of Decedent upon which you base each claim of negligence or malpractice alleged in this action. Please state and identify: (a) Each and every such fact: (b) Each and every person with any knowledge of each such fact: and (c) Each and every document or other piece of tangible evidence which you contend relates or pertains thereto, and the custodian thereof. ,kNIS)i'ER: 61122)1-1 28. Was Decedent involved in am accident(s) of any kind prior to the treatment. surgery. or examination upon which this action is based? If so. state: (a) The date of accident and injuries sustained: (b) The caption, forum and court term and number of any suit instituted for recoverN of damages: and name of counsel for each party: (c) Name and address of any insurance carrier and party against whom claim was made for damages and/or compensation and identify the file number involved: (d) The caption.. forum and court term and number of any suit instituted for the recovery of no-fault benefits: and the name of counsel for each party: (e) Name and address of any insurance carrier against whom an-v claim was made for no-fault benefits and identify the file number involved: (f) Name and address of any insurance carrier against whom any claim was made for uninsured motorist or underinsured motorist benefits and identify the file number involved; (g) The disposition of each of the claims made. as indicated in the answers above: (h) Describe all injuries sustained by Decedent in any such accident(s): (i) If Decedent received medical treatment, tests. or examinations (including x-rays) because of such claimed injuries, state: (1) The name and address of each physician. practitioner.. I?ospital and/or other medical institution at which he was treated or examined; (2) The dates on which such treatment, tests, or examinations were rendered and the charges for each: and (3) Please consider this as a Request to Produce copies of all reports and/or bills submitted by the physician. practitioner. hospital and/or medical institution as set forth above. ANSWER: 611221-1 29. If' Decedent tool: or ingested any drug. narcotic. sedative. tranquilizer. or any other form of medication or medical preparation in the six-month period preceding his death. please state: (a) The name. whether brand name or generic, and the identity of each such medication or medical preparation: (b) The date. time, and daily dosage or each such taking of ingestion: (c) The reason the Decedent was taking each such drug: (d) Whether each such medication or medical preparation was procured under a prescription: and if so, (i) The name and address of the person., doctor, or practitioner by whom it was prescribed: (ii j The name and address of the person or organization who filled the prescription; and (e) The detail of all instructions given to Decedent by the prescribing physician concerning all drugs she was taldng within the six-month period of time before his death. A'\TSYFT: 611221 -1 30. if you claim or contend that the Defendant acted contrary to or failed to comply with any published or printed written authority. treatise. publication. standard. rule. regulation. recommendation. opinion. instruction or warning in his treatment of Decedent. please identify and describe by name. title. section number. page number. edition. publisher and date. of each such written authority. ANSWER: 611221-1 31. Do you intend to use anv book. magazine. or other writing at the trial of this case? If so. describe the writing in detail as to author. publisher. copyright date. and give the name and address of any known present custodian of said writing. ANSVN'ER: 3?. if you claim that any drug. medical instrument. or medical device caused or contributed to cause the alleged occurrence. please describe it in complete detail. setting forth the manufacturer and the way in which you contend it caused or contributed to cause the alleged occurrence. ANSWER: 61 1221 -1 33. if any insurance company or other person has and interest in the action brought by you by vvav of subrogation or otherwise. state the name and address of said company or organization. the nature and extent of the interest which such company or organization claims. and the policy or claim number- applicable to the claim. ANSWER: 611221-1 ;4. (a) Have you. on behalf of Decedent. ever made a claim or filed a lawsuit for any other matter. including other lawsuits in cormection with the incident upon which this lawsuit is based. both before or after this lawsuit" (b) If so. state the date of each incident and the injuries sustained: (i) The name of any person(s) or firm(s) against whom a claim was made. and the insurance carrier involved: ("ii) The court term and docket number of any suits instituted:. (c) State the name of the attorney representing the Plaintiff: and (d) If such suit has been settled. state the disposition of same. ANSWER: 611221-1 ,r?. If am, insurance company or other person has anv interest in the action brought by you by way of subro«ation or otherwise. state the naive and address of said company or organization. the nature and extent of the interest which such company or organization claims, and the policy or claim number applicable to the claim. ANSWER: 611221-1 ;6. Have any funds been expended by Medicare on behalf of the Decedent in connection with an), treatment or injuries as alleged in the Complaint? If so. state: (a) When the funds were expended. the amounts expended by Medicare. and whether a lien for an\; of these amounts has been asserted. ANSWER: 61122 1 -1 ;7. Are you alleging that you are entitled to damages for anN medical expenses arising out of the care and treatment that was rendered b. the Defendant(s) and/or an,, other medical care providers in this action? If so: (a) Kindle enter the names of the medical care providers who rendered these services in Colunuz A of the accompanying- Chart. (b) Kindly enter the total amount of charges for each medical care provider in Column B of the accompanying Chart. (c) Kindly enter the total amount of the medical expenses for each provider that was paid by Plaintiff s insurance carrier in Column C of the accompanying Chart. (d) Kindle enter, in Column D of the accompanying Chart, the amount of the medical expenses that were "written off'' or forgiven or otherwise not owed by reason of a contract between the health care provider and Plaintiff s medical insurer. as a compromise of a bill between the medical care provider and the Plaintiffs or for any other reason. (e) Kindle enter., in Column E of the accompanying Chart, the amount of the medical expenses that were or are personally owed by Plaintiffs, or his representatives and. therefore. not paid by Plaintiff s insurance carrier and/or written off. forgiven or otherwise not owed with respect to any medical care provided by Defendant(s) and., or an), other medical care providers who provided care for which Plaintiff is claiming damages. A-N S)A'ER: A Medical care provider B Total medical charges for each medical care provider C Amount of medical charges paid by Plaintiff s insurance D E ? I I ! A-inounts "written I Amounts paid or i off', forgiven or owed by Plaintiff s lotherwise not owed or his I representatives (personally (i.e.. not paid by insurance and not written off) I 611221-1 Date: 1, 2, i Respectfully submitted, THOMAS, THOMAS & RA>"ER, LLP Bv: ' ?--- Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, Esquire Attorney I.D. 69986 Thomas. Thomas and Hafer. LLP 305 North Front Street P.U. Boa 999 Harrisburg. PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nauven. M.D. and Moffitt Heart & Vascular Group 611221-I 1. 0 CERTIFICATE OF SERVICE 1. C. Andrea Gadd. employee of the law firm of Thomas. Thomas & Hafer. LLP. hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail- postage prepaid. at Harrisburg. Pennsylvania addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge,, Suite 400 161 W ashinc-ton Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie. McCamey. Chilcote. P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS. THOMAS & HAFER, LLP Date: 7 -;777rf C. Andrea Ga.dd. Paraleual 611221-1 THOMAS, THOMAS & HAFER, LLP Evan Black. Esquire Atiorne, I.D. 17994 Hugh I' O'Neill. 111. Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg. PA 17108 (7171441-701 Attorneys for Defendants Thach Ninuyen. M.D. and Moffitt Heart & Vascular Group JAMES D. DERR, Administrator of the Estate of Chad M.. Derr, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, et al., NO. 08-1460 CIVIL ACTION - LAW JURY TRIAL. DEMANDED Defendants DEFENDANTS' THACH NGUYEN, M.'D. AND MOFFITT HEART &N?ASCULAR GROUP'S REQUEST FOR PRODCUTION OF I)OCUEMTNS AND THINGS DIRECTED TO PLAIN'T'IFF JAMES D. DERR, ADMINSTRATOR OF THE ESTATE OF CHAD M. DERR To: Administrator of the Estate of Chad M. Derr c/o Peter M. Villari, Esquire Villari. Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. Defendants' requests that Plaintiff produce the documents herein described and permit said Defendants, through their attorneys; to inspect them and copy as much of them as they may desire. Defendants' request that the documents be made available for inspection at the offices of Defendants' attorneys located at 305 North Front Street. 6th Floor. Harrisburg, Pennsvivania, within thim (30) davs of the date of service hereof. Defendants' attorneys will be responsible for 611'?>?-1 these documents so lone as they are in their possession. The documents will be properly returned after copying has been completed. This request is intended to cover all documents in the possession. custody and control of the Plaintiffs- his agents, employees. insurance can, iers and attorneys. and is considered to be continuing and. therefore.. should be modified or supplemented as you receive further or additional information l1p to the time of trial. REQUESTED DOCUMENTS I . Originals or color- copies of any and all photographs showing, representing or purporting to show Decedent or instrumentalities, locales. persons, propert)', injuries and any and all other matters related to the subject matter of this litigation. 2. Anv and all investigations, reports. test results. drawings. summaries. or records of the incident involving the above-referenced case and the events surrounding it. 3. Any and all statements of witnesses to the event giving rise to Plaintiff s claims and/or Complaint. 4. Am/ and all statements of any person who will be called as a witness at trial. 5. Any and all statements of any part,, their agents, or employees concerning the incident and events surrounding it. 6. Anv and all written or recorded evidence of the conduct and/or conversations between Decedent and Defendants' which are relevant to this lawsuit. 7. A current curriculum vitae for each expert expected to be called at trial. 8. Any and all documents prepared by each expert identified, together with all correspondence between expert and Plaintiffs or his agents. attorneys, or anvone acting on Plaintiffs behalf. 9. Anv and all documents or other demonstrative evidence which will be introduced or used at trial. 61125 -1 10. All documents that support or relate to any worn; loss and loss of earning capacity claim as alleged in Plaintiffs claims and/or Complaint. 1 1. All statements and transcripts which relate to any worn: loss and loss of eanlin`_ capacity claim. 12. Any and all of Decedent's medical records, hospital records.. therapy records pharmacological records. physician records. and records for any psychological treatment concerning the incident. 13. Any and all of Decedent's medical records, hospital records, therapy records pharmacological records., physician records and psychological records for treatment rendered to him for the ten (,IO) year period preceding the incident that is the subject of Plaintiff's claims and/or Complaint. 14. Any and all bills related to the care and treatment of the Decedent-, including all invoices, bills. demands for payment and/or any documentation pertaining to past expenses associated with medical, psychological, pharmacological, surgical and/or any and all other treatment which has been performed in connection with the incident and injuries for which you claim and filed the Complaint. 15. Any and all documents recording benefits paid due to the incident in the above- referenced matter, including the identity of the provider, the amount of benefits paid and whether any portion of the benefit had been withheld or reduced for any reason. 16. Any and all documents alleging and verifying loss of earnings and future earnings of Decedent due to the incident in the above-referenced matter.. includin Federal and State income tax returns for the five (5) years preceding the incident. 17. Any and all documents relating in any way to all damages and losses sustained by Decedent. This should include, but not be limited to bills. invoices. medical reports. medical records, receipts. hospital records. charts and x-rays, wage and employment information. and all other documents in any wav relating to Plaintiffs alleged damages. 611252-1 18. Array and all documents identified or referred to in your Answers to anv set of Interrogatories propounded by any pam' to this litigation. 19. Any and all document or thing obtained by subpoena or authorization. 20. Any and all other discoverable document or thine in your file. not specifically requested herein above. 1. A copy of films for any and all diagnostic studies. including x-rays. CT scans. Or any other test. performed on the Decedent at all times relevant to tills claim. 22. Any and all documentation memorializing any discussions or conversations with any witnesses or other healthcare providers. Date: 6112-52-1 Respectfully submitted, THOMAS, TH MAS & HAFER, LLP By: Evan Mack. Esquire Attorney LD. 17884 Hugh P. O'Neill. Esquire Attorney I.D. 69986 Thomas. Thomas and Hafer. LLP 305 North Front Street P.O. Boa 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group '. CERTIFICATE OF SERVICE 1. C. Andrea Gadd, employee of the law firm of Thomas. Thomas & Hafer. LLP.. hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid. at Harrisburg, Pero-isylvania addressed as follows: Peter M. Villari, Esquire Villari. Brandes & Kline. P.C. b Tower Bridue, Suite 400 161 NVashington Street Conshohocken. PA 19428 Thomas M. Chairs. Esquire Dickie. McCamev. Chilcote. P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: C. Andrea Gadd. Paralegal 6,112) 52-1 . -{ F CERTIFICATE OF SERVICE I, Wendy Rhoades, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie, McCamey, Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: A, Wendy Rh es 5 i? • t ?:? ' ?? ! `,,°Sn. ? j_, ';"5 . J _. i?'- f VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of Chad M. Derr, deceased Plaintiff VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded NOTICE OF DEATH The death of James D. Derr, a party to the above action, during the pendency of this action is noted upon the record. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. BY: ! ??.. )'eter M. Villari, Esq. Nicole T. Matteo, Esq. Attorneys for the Deceased Party Dated: I I I/ 7?08' f` .„ ...? -•... ?.) VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Death was served upon counsel for the defendants the via postage paid, first class mail this 7`h day of November, 2008: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BR,4NDES & KLINE, P. C. Dated: IIIZZOff By: nuveo . 2n 7Tn n Nicole T. Mateo, Esquire Attorney for Plaintiff VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator No. 08-1460 of the Estate of Chad M. Derr, deceased : Plaintiff Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants SUBSTITUTION OF SUCCESSOR Philip C. Richards and Laura D. Richards, by and through their counsel, Villari, Brandes & Kline, P.C., requests permission to become a party to the pending action as a successor in interest to James D. Derr, Administrator of the Estate of Chad M. Derr, deceased pursuant to Pa.R.C.P. 2352. In support thereof, Plaintiffs asserts as follows: 1. Chad M. Derr died intestate on March 5, 2006. 2. Philip C. Richards and Laura D. Richards were appointed Co-Administrators of the Estate of Chad M. Derr on or about March 17, 2006 3. Thereafter, on or about April 11, 2008, Philip C. Richards and Laura D. Richards were withdrawn as Co-Administrators of the Estate of Chad M. Derr by the Register of Wills of Cumberland County and the Register of Wills was Ordered to grant Letters of Administration to James D. Derr. A true and correct copy of the Court Order stating same is attached hereto as Exhibit "A." 4. Thereafter, on or about June 10, 2008, James D. Derr was appointed Administrator of the Estate of Chad M. Derr. A true and correct copy of the Short Certificate is attached hereto as Exhibit "B." 5. Thereafter, on or about September 4, 2008, James D. Derr died. 6. Thereafter, on or about June 10, 2008, Phillip C. Richards and Laura D. Richards were reappointed Co-Administrators of the Estate of Chad M. Derr. A true and correct copy of the Short Certificate is attached hereto as Exhibit "C." WHEREFORE, for the reasons set forth herein, Plaintiffs respectfully request that Plaintiff "James D. Derr, Administrator of the Estate of Chad M. Derr" be replaced with Plaintiffs "Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr." Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. By: ter M. Villari, Esq. Nicole T. Matteo, Esq. Attorneys for the Deceased Party Dated: 1w PR 0 21 T coup a co ozv l l ?s o ? V-ozr1 T ;, €,VAT% , ORPHA NSA-( 4OURTD"ION Estate 6 Chad A'T 64j61'Derr; No, 21-2006-0244 t+e of Shiremalisov Bo1igh,:Decease fit? t7l` TY OF CIT1?33FR1Lf1XD ; r t r ' $w . , Vd±???x?i ?t \y Y 9f f ,1 ..: ?'Y .3?y??w?YA.A r? AND NOW, this day of c , 2008, upon the presentation of the foregoing petition, Laura D. Richards, and Philip C. Ritch?rds, ate removed from the office of Administrators and e register of Will-,Is ardersd to grant latters of adnainztn to James D. Dear the Estate of Chad Michael Derr s:? ,. cp zYz .r ` "% c -? ;t4 ?+ Lf ' . 'c se5 By the Court: } ,y CX3 • .;)Q. I . . ?MMONWEALTH OF PENNSYLVANIA jOUNTY OF CUMBERLAND estate of CHAD MICHAEL DERR (First, Middle, Last/ in said county, deceased, SHORT CERTIFICATE I, GLENDA FA RIVER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 10th day of June, Two Thousand and Eight, Letters of ADMINISTRATION in common form were granted.by the Register of said County, on the late of SHIREMANSTOWN BOROUGH to JAMES D DERR (F-4 Middle, Last) and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 10th day of June Two Thousand and Eight. File No. PA Fi1e No. Date of Death S. S. ## 2006-00240 21- 06- 0240 310512006 188-64-9320 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL t 6 COMMONWEALTH OF PENNSYLVANIA SHORT CERTIFICATE COUNTY OF CUMBERLAND I, GLENDA FARNER STRA.S.BAU6 Register for the Probate of Wills and Granting Letters of Administration in and for - CUMBERLAND County, do hereby certify that on - the 28th day of October, Two Thousand and Eight Letters of ADMINISTRATION D.B.N. in common form were granted by the Register of said County, on the estate of CHAD MICHAEL DERR late of SHIREMANSTOWN BOROUGH (First, Middle; Last) in said county, deceased, t o LAURA D RICHARDS and !First Midge, Lasrl PHILIP C RICHARDS (AfSt Middle, List; and that same has not since been .revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 28th day of October Two Thousand and Eight. Fi 1 e No. 2006- 00240 PA Fi 1 e No. 21- 06- 0240 Date of Death 310512006 S . S . rr 188-64-9320 i f ? - - ij s tvr Uf 01, e))uty z VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Substitution of Successor was served upon counsel for the defendants the via postage paid, first class mail this 7t' day of November, 2008: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: 1//71O S' By: 'Nicole T. Matt, Esquire Attorney for Plaintiff VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiffs VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiffs' Responses to the Interrogatories and Requests for Production of Documents of Defendants, Thach Nguyen, M.D. and Moffitt Heart & Vascular Group were served upon counsel for the defendants the via postage paid, first class mail this 7th day of November, 2008: Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: I By: . 1/ 7108 icole T. Matteo, Esquire JAMES D. DERR, Administrator of the Estate of Chad M. Derr, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C, THACH N. NGUYEN, M.D, and JOHN/JANE DOE, NURSE ANESTHETIST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 12'' day of November, 2008, upon consideration of the Motion of Defendants Thach Nguyen, M.D., and Moffitt Heart & Vascular Group To Compel Plaintiff's Answers to Defendants' Discovery, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J esley O e , Jr., J. X4eter M. Villari, Esq. ' Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street J Conshohocken, PA 19428 Attorney for Plaintiff ?, ?: ?3 } ,-? ? i y f L.+ ? t ? .. n {fi, omas M. Chairs, Esq. 1200 Camp Hill By-Pass Suite 204 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist ugh P.O'Neill, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thach Nguyen, M.D., and Moffitt Heart & Vascular Group :rc Nov` 12 20086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators No. 08-1460 of the Estate of Chad M. Derr, deceased Plaintiffs Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants ORDER AND NOW, this \Ztt day of j\) D`) , 2008, the attached Substitution of Successor to replace Plaintiff "James D. Derr, Administrator of the Estate of Chad M. Derr," with Plaintiffs "Philip C. Richards and Laura D. Richards, Co- Administrators of the Estate of Chad M. Derr" is hereby APPROVED. The Caption shall now read as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators No. 08-1460 of the Estate of Chad M. Derr, deceased Plaintiffs Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital -and- HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY individually and/or doing business as Holy Spirit Hospital -and- HOLY SPIRIT HOSPITAL Liti i Fr f s 1,4 il 9- 7 'Z d £ I AON BOOZ AVVIUNO?Wbd 31141 :10 -and- MOFFITT HEART & VASCULAR GROUP, P.C. -and- THACH N. NGUYEN, M.D. -and- JOHN/JANE DOE NURSE ANESTHETIST, whose name, handwriting, signature and/or initials appear on the Holy Spirit Hospital Progress Notes dated 3/4/06/04 at 0345 hours, a true and correct copy of which is attached hereto and as Exhibit "A," and whose full name(s) could not be determined despite exercise of due diligence Defendants ? Distribution: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Counsel for Plaintiff Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Counsel for Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe Nurse Anesthetist Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants, Moffitt Heart and Vascular Group, P. C. and Thach N. Nguyen, M.D. l"oP t €S rn.7 t l £C? ItIl y /08 BY THE COURT: f .. THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I. D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group JAMES D. DERR, Administrator of the Estate of Chad M. Derr , Plaintiff, V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants PRAECIPE TO WITHDRAW DEFENDANTS' MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY TO THE PROTHONOTARY: Kindly withdraw Defendants' Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents as responses have been provided by Plaintiff. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 CIVIL ACTION - LAW JURY TRIAL DEMANDED Accordingly, Defendants' Motion is moot. Respectfully submitted, '' THOMAS, TH*A HAFER, LLP Date: November 20, 2008 By Esquire I.D. #1899'$6 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group f CERTIFICATE OF SERVICE I, Wendy Rhoades, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie, McCamey, Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: November 20, 2008 Wendy Rhoa es 644308.1 2 r-; ev f" r_ _ 7 ,-, t'?: - -s` Y`,.i .. :_- s::- ..:7 ;' ' (;?; , =? JAMES D. DERR, Administrator of the Estate of Chad M. Derr, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C, THACH N. NGUYEN, M.D, and JOHN/JANE DOE, NURSE ANESTHETIST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of November, 2008, upon consideration of the attached letter from Hugh P. O'Neill, III, Esq., attorney for Defendants Thach Nguyen, M.D., and Moffit Heart & Vascular Group, the Rule issued on November 12, 2008, is hereby discharged. BY THE COURT, Peter M. Villari, Esq. Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Attorney for Plaintiff J WesleLyOJr., J. r, 6. Thomas M. Chairs, Esq. 1200 Camp Hill By-Pass Suite 204 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist Hugh P.O'Neill, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thach Nguyen, M.D., and Moffitt Heart & Vascular Group :rc CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PHILIP C. RICHARDS & LAURA D. RICHARDS, TERM, ET AL CUMBERLAND -VS- CASE NO: 08-1460 HOLY SPIRIT HEALTH, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/23/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0822661 94417 -LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PHILIP C. RICHARDS & LAURA D. RICHARDS, ET AL -VS- HOLY SPIRIT HEALTH, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1460 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND COUNTY CORONER CUMBERLAND FAMILY PRACTICE HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERITAGE MEDICAL GROUP AUTOPSY RECORDS MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY MEDICAL RECORDS & BILLING TO: THOMAS M. CHAIRS, ESQ. NICOLE MATTED, ESQ., PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/01/2008 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. Any questions regarding this matter, contact THE MCS GROUP INC. THOMAS M. CHAIRS, ESQ. 1601 MARKET STREET 1200 CAMPHILL BYPASS #800 SUITE 205 PHILADELPHIA, PA 19103 CAMP HILL, PA 17011 (215) 246-0900 R1.72S 133-H DE02-0439309 94417-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILIP C. RICHARDS & LAURA D. RICHARDS, File No. 08-1460 vs. . HOLY SPIRIT HEALTH, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for I Ri A OI INTV pRONER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTA HFD RIDER * * * * at 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: EVAN BLACK ES ADDRESS: 305 N FunxTr C•rr TELEPHONE: (215) 246- )goo SUPREME COURT ID #: - - ATTORNEY FOR: DEC 2 3 2000 Date: & BY THE COURT: Prothonotary/Clerk, Civil Division Dep Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND COUNTY CORONER 6375 BASEHORE ROAD SUITE 1 MECHANICSBURG, PA 17055 RE: 94417 CHAD DERR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. AUTOPSY REPORT Dates Requested: up to and including the present. Subject : CHAD DERR SHIREMANSTOWN, PA Social Security #: XXX-XX-9320 Date of Birth: 09-06-1970 R1.72S 133-H SU10-0762896 94417-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PHILIP C. RICHARDS & LAURA D. RICHARDS, TERM, ET AL CUMBERLAND -VS- CASE NO: 08-1460 HOLY SPIRIT HEALTH, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/23/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0822665 94417-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILIP C. RICHARDS & LAURA D. RICHARDS, File No. 08-1460 VS. HOLY SPIRIT HEALTH, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records forCUMBF.RI AND FAMILY PRACTICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group fine-, 1601 M & Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESO ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG- PA 17108 TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND FAMILY PRACTICE 4470 VALLEY ROAD ENOLA, PA 17025 RE: 94417 CHAD DERR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CHAD DERR SHIREMANSTOWN, PA Social Security #: XXX-XX-9320 Date of Birth: 09-06-1970 R1-72S 133-H SU10-0762898 94417-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PHILIP C. RICHARDS & LAURA D. RICHARDS, ET AL -VS- HOLY SPIRIT HEALTH, ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-1460 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/23/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0822667 94417-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILIP C. RICHARDS & LAURA D. RICHARDS, File No. 08-1460 F1 VS. HOLY SPIRIT HEALTH, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RID EE. * * * * at The M Group- Inc. 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESO ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG. PA 17108 TELEPHONE: 1Q15) 246-0900 SUPREME COURT ID ATTORNEY FOR: DE 2 3 000 Date: BY THE CO T: Prothon tary/Cler , i i ivi on Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 94417 CHAD DERR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : CHAD DERR SHIREMANSTOWN, PA Social Security #: 188-64-9320 Date of Birth: 09-06-1970 R1.72S 133-H SU10-0762900 94417 -LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PHILIP C. RICHARDS & LAURA D. RICHARDS, TERM, ET AL CUMBERLAND -VS- CASE NO: 08-1460 HOLY SPIRIT HEALTH, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/23/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.93 133-H DE11-0822671 94417 -L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILIP C. RICHARDS & LAURA D. RICHARDS, File No. 08-1460 n vs. HOLY SPIRIT HEALTH, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED E iDER * * * * at _ The MCS Group Inc, 1601 Market Street, Suite 800, Philadelphh, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N FRONT ST F T PO BOX 999 HARRISBURG- PA 17108 TELEPHONE: -(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEC 3 2000' Date: BY THE CO T. Prothono ry/Clerk ivis' n Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 94417 CHAD DERR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : CHAD DERR SHIREMANSTOWN, PA Social Security #: 188-64-9320 Date of Birth: 09-06-1970 R1.72S 133-H SU10-0762902 94417-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PHILIP C. RICHARDS & LAURA D. RICHARDS, ET AL TERM, CUMBERLAND -VS- CASE NO: 08-1460 HOLY SPIRIT HEALTH, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/23/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.93 133-H DEII-0822673 94417-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILIP C. RICHARDS & LAURA D. RICHARDS, File No. 08-1460 ? VS. HOLY SPIRIT HEALTH, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERITAGE MEDICAL, GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street. Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by 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: EVAN BLACK. ES ADDRESS: 305 N. FRONT STF TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: BY TH OURT: Prot notary/Cle ' '1 Dtision DEC 2 3 2008 `?/?,/??? Deputy Date: / y Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERITAGE MEDICAL GROUP 3 WALNUT STREET SUITE 206 LEMOYNE, PA 17043 RE: 94417 CHAD DERR Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, prescription records, including any and all such items as may be stored ciinlan/ computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : CHAD DERR SHIREMANSTOWN, PA Social Security #: XXX-XX-9320 Date of Birth: 09-06-1970 R1-72S 133-H SII10-0762904 94417-LO5 ..,.> .- •, ;; ?.::' ?., -, -="; - ??,: 61 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DERR Vs. NO. 081460 HOLY SPIRIT HOSP, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS M CHAIRS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 12/29/08 File #: M358910 THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Eileen Porowicz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DERR Vs. HOLY SPIRIT HOSP, ET.AL I No. 081460 TO: PETER VILLARI, ESQ (PLAINTIFF) EVAN BLACK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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: 12/03/08 THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Eileen Porowicz Enc (s) : Copy of subpoena(s) Counsel return card File #: M358910 COL 301EAM OF PENNSYLVANIA COUNTY OF CUMBERIAM DERR Vs. File No. HOLY SPIRIT HOSP, ET AL 081460 MEDICAL INIBILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS FOR DISCOVERY PURSUANT TO RULE 4009.22 HAMPTON TWP EMS, 10 E GREEN ST, SHIREMANSTOWN PA 17011 TO: AT=- CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thl S. - at MEDICAL LEGAL REPRODUCTIONS,( &ss4)940 DISSTON ST., PHILA., PA - -? You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of canpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonablc- 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 thin subpoena may seek a court ordei- ompe 11 i ng you to coup l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS M CHAIRS, ESQ ADDRESS: _ i-2 -0 -0 CAMP HIT-T. BYPASS , 17011 TELEPHONE: SUPREME COURT ID 4 215-335-3212 ATTORNEY FOR: DEFENDANT M358910-01 BY THE T: DATE: rot , Civil Division Seal of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DERR Vs. No. 081460 HOLY SPIRIT HOSP, ET AL CUSTODIAN OF RECORDS FOR: HAMPTON TWP EMS ALL COPIES OF MEDICAL RECORDS REGARDING CHAD M DERR FROM BEFORE 3/5/06 TO PRESENT INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: CHAD DERR ADDRESS: DATE OF BIRTH: 09/06/70 SSAN: XXXXX9320 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL AP RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian o records that, to the best of my knowledge, information and belief all documents or things above mentioned have been pro [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough sea has been made and that no record of the following documents been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HAMPTON TWP EMS CUMBERLAND M358910-01 * * * SIGN AND RETURN THIS PAGE * * * rnmwwwRA-LTH OF PENNSYLVANIA COUNTY OF- CUMMEFdAM DERR Vs. File No. HOLY SPIRIT HOSP, ET AL 081460 MEDAL THI BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: CUMBERLAND FAMILY PRACT, 4470 VALLEY RD, ENOLA PA 17025 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEE As : rrACHED -- at MEDICAL LEGAL REPRODUCTIONS,( ,6ss4)940 DISSTON ST., PHILA., A - -? You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of canpliance, to the party making thi: 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 ordei- oa yelling you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS M CHAIRS, ESQ ADDRESS: - - 120.0 CAMP HIT-1. BYPASS TELEPHONE: 17011 SUPREME COURT ID # 215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT BY THE T: M358910-02 / GATE: S rot /C k, Civil Division seal of the` Court Deputy (Eff. 7/97) DERR Vs. ADDENDUM TO SUBPOENA HOLY SPIRIT HOSP, ET AL No. 081460 CUSTODIAN OF RECORDS FOR : CUMBERLAND FAMILY PRACT ALL COPIES OF MEDICAL RECORDS REGARDING CHAD M DERR FROM BEFORE 3/5/06 TO PRESENT INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: CHAD DERR ADDRESS: DATE OF BIRTH: 09/06/70 SSAN: XXXXX9320 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL AP RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian o records that, to the best of my knowledge, information and belief all documents or things above mentioned have been pro [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough sea has been made and that no record of the following documents been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CUMBERLAND FAMILY PRACT CUMBERLAND M358910-02 * * * SIGN AND RETURN THIS PAGE DERR Vs. COMMONWEALTH OF PENNSYLVANIA COUNTY OF -CUMBERLAM HOLY SPIRIT HOSP, ET AL File No. 081460 MMI THIINNOSBILLINQ REQUESTED SUBPOENA TO PRODUCE DOCUMNTS FOR DISCOVERY PURSUANT TO RULE 4009.22 HERSHEY MED CTR, PO BOX 850, HERSHEY PA 17033 TO: AmTN - MwnrcAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or Tn3 E J J Al J3M AJJLL1 at MEDICAL LEGAL REPRODIICTIONS,( ,W4ss4)940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccarpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea?,onablc- 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 thin subpoena may seek a court order carrpe l l i ng you to carte l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: THOMAS M CHAIRS, ESQ ADDRESS: - lPon 'AMP HILL BYPASS TELEPHONE: 17011 SUPREME OOURT ID # 215 - 3 3 5- 3 212 ATTORNEY FOR : DEFENDANT M358910-03 DATE : j &A jo? , 2 )uv y Sea 1 of the Oast BY THE T: rot y k, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DERR Vs. HOLY SPIRIT HOSP, ET AL No. 081460 CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR ALL COPIES OF MEDICAL RECORDS REGARDING CHAD M DERR FROM BEFORE 3/5/06 TO PRESENT INCLUDING BUT NOT LIMITED TO ALL CORRESPONDENCE MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: CHAD DERR ADDRESS: DATE OF BIRTH: 09/06/70 SSAN: XXXXX9320 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian o records that, to the best of my knowledge: information and belief all documents or things above mentioned have been pro [ ] NO DOCUMENTS AVAILABLE; I hereby certify that a thorough sea has been made and that no record of the following documents been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed rate u orize signature or HERSHEY MED CTR CUMBERLAND M358910-03 * * * SIGN AND RETURN THIS PAGE VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and 4206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff VS. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants No. 08-1460 Jury Trial Demanded PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE PRE- COMPLAINT DEPOSITIONS AND NOW, come Plaintiffs, Philip C. Richards and Laura D. Richards, Co- Administrators of the Estate of Chad M Derr, by and through their attorneys, Villari, Brandes and Kline, P.C. to respectfully request an extension of time to complete the pre- complaint depositions of defendants Thach N. Nguyen, M.D., and John/Jane Doe Nurse Anesthetist. In support thereof, Plaintiffs assert as follows: 1. The aforenoted Civil Action results from nursing care provided to Chad Derr on March 5, 2006. Plaintiffs believe that the care and treatment provided to Mr. Derr during the above-referenced day deviated from accepted standards, and caused his death. 2. Briefly, Chad Derr was a 36 year-old who presented to defendant Hospital with complaints of chest pain, nausea, and diarrhea. At that time, defendants concluded that Mr. Derr should undergo a cardiac catherization, which was performed by defendant, Thatch Nguyun, M.D. During the catherization procedure, Mr. Derr began to bleed from his mouth. A nurse anesthetist was call to intubate Mr. Derr, but did not arrive for over seven (7) minutes. Mr. Derr could not be intubated and ultimately died in the catherization lab. 3. On June 16, 2008, this Honorable Court granted Plaintiffs leave to conduct pre-complaint discovery, including the pre-complaint depositions of defendants Thach N. Nguyen, M.D. and John/Jane Doe Nurse Antesthetist. A true and correct copy of the Court's June 16th Order is attached hereto as Exhibit "A." 4. In compliance with the Court's June 16, 2008 Order, Plaintiffs served Notices of Pre-Complaint Depositions for Dr. Nguyen and John/Jane Doe Nurse Anesthetist on August 11, 2008. True and correct copies of the Certificates of Service are attached hereto as Exhibit "B." 5. Pursuant to the Court's Order, Defendants were to produce themselves for deposition within ninety (90) days. See Exhibit "A." 6. Thereafter, defendant Holy Spirit Hospital filed a Motion for Extension of Time through January 15, 2009 to complete the depositions, which Plaintiffs did not oppose. 7. On October 31, 2008, this Honorable Court granted Defendant Hospital's Motion for Extension of Time. A true and correct copy of the Court's October 31St Order is attached hereto as Exhibit "C." 8. The involved parties have been unable to schedule the pre-complaint depositions of Thach N. Nguyen, M.D. and John/Jane Doe Nurse Antesthetist and respectfully request an extension of time to allow for the accomplishment of the depositions on or before February 27, 2009. 9. It is respectfully requested that this Court's prior June 16, 2008 Order remain in full force and effect except as amended to allow for a brief extension of time to accomplish the depositions of Defendants Thach N. Nguyen, M.D. and John/Jane Doe Nurse Antesthetist. 10. All parties have stipulated and agreed to an extension of time to accomplish the Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and John/Jane Doe Nurse Anesthetist. 11. Pursuant to Cumberland County Rule 208.2(d), the concurrence of opposing counsel was sought with regard to this Motion, and opposing counsel concurs. 12. Pursuant to Cumberland County Rule 208.3(a)(2), the Honorable J. Wesley Oler, Jr. executed both prior Orders in this case. WHEREFORE, Plaintiffs, Philip C. Richards and Laura D. Richards, Co- Administrators of the Estate of Chad M. Derr, requests the Court enter an Order extending the time to accomplish Pre-Complaint depositions in this matter. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. Dated: 1Z 7Z09 By: 21 xc?_Q. Peter M. Villas, Esquire Nicole T. Matteo, Esquire Attorneys for Plaintiffs PHILIP C. RICAHRDS, IN THE COURT OF COMMON PLEAS OF and LAURA D. RICHARDS, CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the Estate of Chad M. Derr, Deceased, V. Plaintiffs CIVIL ACTION - LAW HOLY SPIRIT HEALTH, SYSTEM, et. al, Defendants NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 16th date of June, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion to Stay Proceedings for a Sufficient Period To Allow Plaintiffs To Conduct Discovery, and following a conference in chambers in which Plaintiffs were represented by Nicole T. Matteo, Esquire, Defendants Holy Spirit Health System, Holy Spirit Hospital.of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist, were represented by Thomas M. Chairs, Esquire, and Defendants Thach Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. were represented by Hugh P. O'Neill, III, Esquire, and Plaintiffs' counsel having indicated Plaintiffs' willingness to assume the expense of the time of Dr. Thach Nguyen and the Nurse Anesthetist with respect to the depositions requested, it is ordered and directed as follows: 1. Within 14 days of today's date, Defendants shall supply to Plaintiffs' counsel copies of any medical records with respect to the decedent and related to the incident forming the basis for this suit to Plaintiffs' counsel that have not heretofore been supplied; 2. Within 90 days of notice by Plaintiffs' counsel as to the areas of deposition being pursued, Defendants Thach Nguyen, M.D. and John/Jane Doe, Nurse Anesthetist, shall submit themselves to depositions for purposes of pre-complaint discovery; 3. The expense of the physician and nurse anesthetist with respect to time which they spend in the depositions shall be the responsibility of Plaintiffs; and 4. Nothing herein is intended to preclude any Defendant from filing a motion to limit or preclude any further depositions'of these witnesses. Nicole T. Matteo, Esquire 8 Tower Bridge 161 Washington Street, Ste 400 Conshohocken, PA 19428 For the Plaintiffs Thomas M. Chairs, Esquire 1200 Camp Hill By-Pass Ste 205 Camp Hill, PA 17011 For Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Hugh P. O'Neill, III 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. pcb "RUE COPY FROM RECORIJ in Tesumany where. I mere unto seat my hand and the of std at cad a-, ft r ,day roommoteli By the Court, VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs n N O tr' z 0 7 co p -? c? r q .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of Chad M. Derr, deceased Plaintiff' VS. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff s Notice of Pre-Complaint Deposition of Defendant, Thatch Nguyen, M.D., was served upon counsel for the defendants on this l ls' day of August, 2008, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 Dated: VILLARI, BRANDEES & KLINE, P.C. By: n'rNn.' Amn icole T. Ma o, Esquire Attorney for Plaintiff VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 ? 'S N m C? c ?. c5 rr?rT?- CC. C4 C-3 ?m -^i W .k Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES D. DERR, Administrator of the Estate of Chad M. Derr, deceased Plaintiff VS. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants No. 08-1460 Jury Trial Demanded CERTIFICATE OF SERVICE 1, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiffs Notice of Pre-Complaint Deposition of Defendant, John/Jane Doe Nurse Anesthetist was served upon counsel for the defendants on this 11 ', day of August, 2008, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P.C Dated: By: (L6-t . aHw- icole T. Ma o, Esquire Attorney for Plaintiff OCT 3 0 2008 (n DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 1701.1 (717)7314800 (Tele) ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST JAMES D. DERR, ADMINISTRATOR OF THE ESTATE OF CHAD M. DERR, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this r ' day of ()A, , 2008, upon consideration of the Holy Spirit Hospital's request for an extension of time and the concurrence of the counsel of all parties of record, it is hereby ORDERED and DECREED that this Court's Order dated June 16, 2008 is AMENDED to permit the accomplishment of the Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and Jane Doe, CRNA on or before January 15, 2009. In all other respects this Court's Order dated June 16, 2008 shall remain in full force and effect. BY THE COURT: 'say,'. ?:l`?d' ''4 $ rta:f'w'fi.d e!v .?fi M? Ai??f ? F%Y N(.?:4:• (yj 4?td Cw ?t? 1. i• I? 9?? MIX, VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased vs. Plaintiff HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants Jury Trial Demanded CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff s Motion for Extension of Time was served upon counsel for the defendants the via postage paid, first class mail: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 No. 08-1460 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, AC. Dated: _(?Z1'OL_ By: 7 Nicole . Matteo, Esquire Attorney for Plaintiff : 1 . OP -i D/ 1 JAN 0 9 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants ORDER AND NOW, this (L day of Zn , 2009, upon consideration of Plaintiff's request for an extension of time and the concurrence of the counsel of all parties of record, it is hereby ORDERED and DECREED that this Court's Order dated June 16, 2008 and subsequent Amended Order dated October 31, 2008 are AMENDED to permit the accomplishment of Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and John/Jane Doe Nurse Antesthetist on or before February 27, 2009. In all other respects this Court's Order dated June 16, 2008 shall remain in full force and effect. BY THE COURT: e w. n tier .s-v,rw7d j--. ?tu V f VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff vs. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as ; Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants : No. 08-1460 Jury Trial Demanded CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Pre-Complaint Deposition of Defendant, Thatch N. Nguyen, M.D., was served upon counsel for the defendants on this I0t' day of February, 2009, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: Q By: 'Nicole T. Ma eo, Esquire ?`} ? d ?" ,,?? "? .- _ ? _?? ? ?- c_; ' ?, -=?a'r? - s? % ? ?, VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM : individually and/or doing business as : Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Pre-Complaint Deposition of Defendant, Laura Imes, C.R.N.A., was served upon counsel for the defendants on this 10th day of February, 2009, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P. C. Dated: ?/0/Qq By: nwc2? / amw `Nicole T. Mateo, Esquire C? ? r. . , ,.r, '4 ? ?•7 ? L y.? ,? a' i, ""C) =:i. E"1 = , hY ?=# ? -? ?y VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the No. 08-1460 Estate of Chad Derr ; Plaintiffs Jury Trial Demanded vs. HOLY SPIRIT HEALTH SYSTEM, et. al. Defendants EMERGENCY PETITION OF PETER M. VILLARI, ESQUIRE, NICOLE T. MATTEO, ESQUIRE ANDTHE LAW FIRM OF VILLARI, BRANDES & KLINE, P.C. FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS AND TO STAY ALL PROCEEDINGS Peter M. Villari, Esquire, Nicole T. Matteo, Esquire, and Villari, Brarldes & Kline, P.C. ("Petitioners") respectfully request this Honorable Court grant petitioners leave to withdraw as counsel for Plaintiffs Philip C. Richards and Laura D. Richards, co-Administrators of the Estate of Chad Derr, deceased ("Plaintiffs") and to stay all proceedings in this matter. In support thereof, Petitioners aver the following: 1. The aforenoted Civil Action results, in part, from care provided to Chad Derr, deceased, on March 5, 2006, by the above-captioned defendants. 2. On or about February 19, 2008, Plaintiffs retained the firm of Villari, Brandes & Kline, P.C. (the "Firm"), to investigate their asserted professional malpractice claim against the named defendants. 3. While investigation into Plaintiffs' claims was ongoing, Plaintiffs initiated this action by filing a Writ of Summons on March 5, 2008, to preserve the Statute of Limitations, which was set to expire on that day. 4. On or about March 26, 2008, counsel for defendants, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist (collectively referred to as "Holy Spirit Defendants"), filed his Entry of Appearance and Rule to File Complaint. 5. On or about April 2, 2008, counsel for defendants, Moffitt Heart and Vasular Group and Thach Nguyen, M.D. (collectively referred to as "Moffitt Defendants"), filed his Entry of Appearance and Rule to File Complaint. 6. On April 9, 2008, counsel for Plaintiffs filed a Motion for Pre-Complaint Discovery to obtain certain medical records and conduct Pre-Complaint depositions of defendants, Thatch Nguyen, M.D. and John/Jane Doe Nurse Anesthetist (identified as Laura Imes, C.R.N.A.). 7. On June 18, 2008, Plaintiffs' Motion for Pre-Complaint Discovery to obtain certain medical records, to conduct Pre-Complaint depositions, and for a Stay of Proceedings was granted by the Court. A true and correct copy of the Court's Order is attached hereto as Exhibit "A." 8. Thereafter, Plaintiffs diligently sought decedent's medical records and sought to obtain the pre-complaint depositions of defendants, Thatch Nguyen, M.D. ("Dr. Nguyen") and Laura Imes, C.R.N.A. ("Nurse Imes") 9. On October 28, 2008, the Holy Spirit Defendants sought and obtained an Order extending the time for the completion of the Pre-Complaint depositions of defendants, Dr. Nguyen, and Nurse Imes. A true and correct copy of the Court's Order is attached hereto as Exhibit "B." 10. On January 8, 2009, Plaintiffs sought and obtained an Order extending the time for the completion of the Pre-Complaint depositions of defendants, Dr. Nguyen and Nurse Imes. A true and correct copy of the Court's Order is attached hereto as Exhibit "C." 11. Thereafter, on February 10, 2009, Plaintiffs scheduled and noticed the Pre-Complaint depositions of Dr. Nguyen for February 24, 2009 and of Nurse Imes for February 17, 2009. A true and correct copy of the Certificates of Service are attached hereto as Exhibit "D." 12. On February 12, 2009, counsel for Nurse Imes indicated that Nurse Imes was no longer available for deposition on February 17, 2009. 13. Thereafter, all counsel executed a Stipulation extending the time to take Nurse Imes deposition through March 31, 2009. A true and correct copy of the Stipulation is attached hereto as Exhibit "B." 14. The Pre-Complaint deposition of Nurse Imes was scheduled for March 31, 2009. 15. In the interim, on February 24, 2009, Plaintiffs' counsel took the Pre-Complaint deposition of Dr. Nguyen. 16. Thereafter, as a result of the continuing investigation, Plaintiffs' counsel became aware of certain facts and issues which raised ethical concerns in their mind as to continuing to litigate the case. 17. On March 27, 2009, counsel for Plaintiffs informed the Plaintiffs via telephone that this firm could no longer represent them for ethical reasons, and that they had to either withdraw their claim or find alternate counsel. A letter confirming same was sent to Plaintiffs on March 30, 2009 by certified mail. 18. The undersigned has determined that they cannot proceed with the case pursuant to the Pennsylvania Rules of Professional Conduct. 19. The Pennsylvania Rules of Professional Conduct provide: (a) ... a lawyer shall not represent a client, or where representation has commenced, shall withdraw from the representation of a client if... . (1) the representation will result in violation of the rules of professional conduct or other law; ... (b) ... a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if. .. . (6) other good cause exists. Pa. R.P.C. 1.16 (a)(1) and (b)(6)(emphasis added). 7. The present circumstances fit the requirements for withdrawal of counsel. By way of example, withdrawal can be accomplished without material adverse effect on the interests of the Richards considering the case is still in the earliest stage of litigation. 8. Unfortunately, the undersigned cannot be more specific regarding the mature of the ethical concerns, as to do so would violate Pa. R.P.C. 1.6 and/or 1.8 (b). 9. The Comments to Pa. R.P.C. 1.16 describe the present dilemma as follows: "The court may wish an explanation for the withdrawal, while the lawyer may be bound to keep confidential the facts that would constitute such an explanation. The lawyer's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient." 10. Ifthe undersigned is compelled to continue his representation, he will be placed in an ethical dilemma: the applicable Pennsylvania Rules of Professional Conduct (Pa. R.P.C. 1.1, 1.3, 3.2) would require counsel to continue his representation and take all appropriate steps to diligently prosecute Plaintiffs' claims, yet if counsel continues the representation for this case he will be in violation of the Rules of Professional Conduct. 11. Plaintiffs' counsel advised Plaintiffs of the fact that they would be unable to further pursue a claim on behalf of Chad Derr's estate. 12. On March 30, 2009, counsels for Defendants were advised of Plaintiffs' counsel's inability to proceed with the case. 13. Plaintiffs are currently determining whether they wish to withdraw their claim or find alternate counsel. 14. Accordingly, the undersigned requests that Plaintiffs be afforded an extension of not less than sixty (60) days within which to seek new counsel or to enter a pro se appearance and proceed with the litigation. 15. Additionally, the undersigned requests that Plaintiffs be afforded an extension of not less than thirty (30) days after obtaining new counsel or entering a pro se appearance to complete the Pre-Complaint deposition of Nurse Imes. 16. Based upon the foregoing, the undersigned seeks leave to withdraw as counsel for Plaintiffs and seeks an Order allowing Plaintiffs sufficient time to obtain new counsel and staying all proceedings in the meantime. WHEREFORE, Petitioners respectfully request that this Honorable Court grant their Emergency Petition to Withdraw as Counsel and to Stay All Proceedings for a period of not less than sixty (60) days and issue an order in the form attached hereto. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C.' Dated: By: a widL M OZE-M eter M. Vill i, Esq. Nicole T. Matteo, Esq. Attorneys for Plaintiffs PHILIP C. RICAHRDS, and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Deceased, Plaintiffs V. HOLY SPIRIT HEALTH, SYSTEM, et. al, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 16th date of June, 2008, upon consideration of Plaintiff's Motion for Leave To Conduct Pre-Complaint Discovery and To Take Pre-Complaint Depositions in Aid of Obtaining Certificates of Merit and To Draft and Serve a Sufficient Complaint, and Motion to Stay Proceedings for a Sufficient Period To Allow Plaintiffs To Conduct Discovery, and following a conference in chambers in which Plaintiffs were represented by Nicole T. Matteo, Esquire, Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe, Nurse Anesthetist, were represented by Thomas M. Chairs, Esquire, and Defendants Thach Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. were represented by Hugh P. O'Neill, III, Esquire, and Plaintiffs' counsel having indicated Plaintiffs' willingness to assume the expense of the time of Dr. Thach Nguyen and the Nurse Anesthetist with respect to the depositions requested, it is ordered and directed as follows: 1. Within 14 days of today's date, Defendants shall supply to Plaintiffs' counsel copies of any medical records with respect to the decedent and related to the incident forming the basis for this suit to Plaintiffs, counsel that have not heretofore been supplied; to the areas of deposition being pursued, Defendants Thach Nguyen, M.D. and John/Jane Doe, Nurse Anesthetist, shall submit themselves to depositions for purposes of pre-complaint discovery; 3. The expense of the physician and nurse anesthetist with respect to time which they spend in the depositions shall be the responsibility of Plaintiffs; and 4. Nothing herein is intended to preclude any Defendant from filing a motion to limit or preclude any further depositions'of these witnesses. Nicole T. Matteo, Esquire 8 Tower Bridge 161 Washington Street, Ste 400 Conshohocken, PA 19428 For the Plaintiffs Thomas M. Chairs, Esquire 1200 Camp Hill By-Pass Ste 205 Camp Hill, PA 17011 For Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, John/Jane Doe, Nurse Anesthetist Hugh P. O'Neill, III 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Thatch Nguyen, M.D., and Moffit Heart & Vascular Group, P.C. pcb TRUE COPY FROM RECORD in Tesftmy whomd. l N" unw set ray hand WAS of saki At Carlisle, ft Pty do. oth?e4ery By the Court, OCT 3 0.20M U DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM, HOLY ATTORNEY I.D. NO. 78565 SPIRIT HOSPITAL OF TOE SISTERS OF 1200 Camp Hill Bypass, Suite 205 CHRISTIAN CHARITY HOLY HOLY SPIRIT Camp Hitt, PA 17011 HOSPITAL AND JOHN/JANN DOE NURSE (717)731-4800 (Tele) ANESTHETIST 71 7314803 (Fax) JAMES D. DERR, ADMINISTRATOR OF IN THE COURT OF CO ON PLEAS THE ESTATE OF CHAD M. DERR, OF CUMBERLAND CO , Plaintiffs PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants NO. 08-1460 MEDICAL MALPRACTICE' ACTION JURY TRIAL DEMANDED ORDER AND NOW, this ?/r-? day of (r-4 . , 2008, upon consideration-of the Holy Spirit Hospital's request for an extension of time and the concurrence of the counsel of all parties of record, it is hereby ORDERED and DECREED that this Court's Order dated June 16, 2008 is AMENDED to permit the accomplishment of the Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and Jane Doe, CRNA on or before January 15, 2009. In all other respects this Court's Order dated June 16, 2008 shall remain in full force and effect. BY THE COURT: J. sley OI?, J , f.. • 14 1 6 4 5? 3.f w? it 1 h3te v- my ?:?j tai c: <tl. ;:j? JAN 0 9 2009 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad. M. Derr, deceased Plaintiff VS. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants ORDER AND NOW, this day of 2009, upon consideration of Plaintiff's request for an extension of time and the concurrence of the counsel of all parties of record, it is hereby ORDERED and DECREED that this Court's Order dated June 16, 2008 and subsequent Amended Order dated October 31, 2008 are.'AMENDED to permit the accomplishment of Pre-Complaint depositions of Defendants Thach N. Nguyen, M.D. and John/Jane Doe Nurse Antesthetist on or before February 27, 2009. In all other respects this Court's Order dated June 16, 2008 shall remain in full force and effect. BY THE COURT: 411ey?Oljeer, J `.Ra copy r j! WA Ca* at Carlisle, eta VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 N O c r:T M F'n 71 Q <_ - Y. c Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff VS. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants CERTIFICATE OF SERVICE 1, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's Notice of Pre-Complaint Deposition of Defendant, Laur' a Imes, C.R.N.A., was served upon counsel for the defendants on this 10'h day of February, 2009, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRANDES & KLINE, P.C. Dated: ?1o/Qq By: Nicole T. M eo, 8squire VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 C7 ^? r-- 4 O ? r - ? GJ 'j - N of m -? Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff VS. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that Plaintiff's. Notice of Pre-Complaint Deposition of Defendant, Thatch N. Nguyen, M.D., was served upon counsel for the defendants on this I Oh day of February, 2009, via postage paid, first class mail and facsimile: Evan Black, Esquire Thomas M. Chairs, Esquire Thomas, Thomas & Hafer, LLP Dickie, McCamey & Chilcote, P.C. P.O. Box 999 1200 Camp Hill By-Pass Harrisburg, PA 17108 Suite 205 Camp Hill, PA 17011 VILLARI, BRAES & KLINE, P.C. Dated: 2_ 1 0 By: *C L 2V .P 'Nicole T. Mat o, squire 02/16/2000 LEON 16103 FAX Villari Sr*ndei 6 lcline VILLA,13RANDES & KLINA P.C. BY: Peter M. Vills3d, Esquire Nicole T. Matteo, Bsquim Attorney I.D. #26875 and #206156 8 Tower Bridge,, Suite 400 161 washkgtoa Street Condwhodwn, PA 19428 (610) 729-2900 Attorne0 for Plairt>xffv J I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. : RICHARDS, Co-Adminishvtors of the Estate of No. 08-1460 Chad M. Derr, deceased Jury Trial Demanded Plainlf VS. HOLY SPIRIT HEALTH S'Y'STEM . . individually and/or doing business as Holy spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, at al.: Defendants ? MIa11?ti01-ov It is hereby stipulated and agreed by and between the parties that the time to permit the aoonrnplishment of the pre-complaint deposition of Dcfandant, John0ane Doe Nurse A etist (recently identified as Laura Imes, C.ILN.A.), shall be exttnded through Mach 31, 2009.. In all other respects this Court's Order dated June16, 2008 shall remain in full force and erect, By. _ Dated: Peter htNillari, Esq Moole T. Matteo, Bsgnirc VMari, Brmdes & Kline, P.C. 161 Washington Street, Suite 400 0003/004 i I 02/16/2009 KOP 16103 PAX villori Brsndes ` $line Conshohocken, PA 19428 Attorneys for Plaixsi,,i`s ! By: Dated: 1/,7/07 Evao DfIck, Esquire Ilwaas, lhomits & Hafer, UP P.O. Box 999 ' Hzxis g, PA 17108 Attorney for Defendant, Thatch Nguyen. M.D. By. ?P? t1 C'?'1?11r Dt2 D °? Dated: llamas M. Chairs, Esquire Didde, McCamey & Chilcote, P.C. 1 1200 Camp HM By-Pass Suite 205 Camp Hi% PA 17011 Attorney for Defendants, Holy Spirit Hospital and JohWJane Doe Nurse Aaestfiaw r000a/00a I I r i 02Jreb. 11. 20091 1:44PN}nx DICKIE McCAMEY 717 731 4803 No. 7524 P. 2/2 COmbohockeN PA 19428 Attorneys for Plainti, ffs By. I _atu fJ1 D flP Dated: Evan Black, Esquire Thomm Thomas & Hafer, LLP P.O. Box 999 ,Harrisburg PA 17108 Attorneyfor Defendmc4 7 atch 1Vguyen, M.D. By; A6 Thomas Aickie, amey ' Chilcote, PAC. t 1200 Camp Hill By-Pass Stitt 205 Camp Hill, PA 17011 Attorney for Defdndants, Holy Sptrlt Hospital and JohWane Doe Nurse Artesthstist A A 0 r VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff No. 08-1460 Jury Trial Demanded VS. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants CERTIFICATE OF SERVICE I, Nicole T. Matteo, Esquire, attorney for Plaintiff in the above captioned matter, hereby certify that the Emergency Petition of Peter M. Villari, Esquire, Nicole T. Matteo, Esquire and the Law Firm of Villari, Brandes & Kline, P. C. for Leave to Withdraw as Counsel for Plaintiffs and Stay All Proceedings was served upon counsel for the defendants the via postage paid, first class mail and Plaintiffs via first class mail certified return receipt requested on the 30'' day of March, 2009: Continued on next page... Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Mr. & Mrs. Philip Richards 2252 Pinetown Road Lewisberry, PA 17339 CRRR# 70081140000183017333 Dated: 12109 .1 1 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 VILLA RI, BRA NDES &.KLINE, P. C.' co~le?I' . Mai, Esquire' Attorney for Plaintiff f ",leA. - b??ce. o f the zU0 Q Qro'ttono-l ty1aR 3 5 fi Est THOMAS, THOMAS & HAFEP, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group JAMES D. DERR, Administrator of the Estate of Chad M. Derr, Plaintiff, V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF RESPONDENTS THACH N. NGUYEN, M.D., AND MOFFITT HEART & VASCULAR GROUP, P.C. TO PLAINTIFFS' COUNSEL'S EMERGENCY PETITION OF PETER M. VILLARI, ESQUIRE, NICOLE T. MATTED, ESQUIRE, AND THE LAW FIRM OF VILLARI, BRANDES & KLINE, P.C., FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS AND TO STAY ALL PROCEEDINGS And now come the Respondents Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group (hereinafter referred to as Dr. Nguyen and MHV, respectively) and submit the following Answer to the Emergency Petition of Plaintiffs' counsel as follows: 1-15. Admitted. 16-18. Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 19. Admitted. 7. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 8. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 9. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 10. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 11. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 12. (sic) Admitted. 13. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. 14. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. For further answer the Respondents request that 2 the Plaintiffs be afforded an extension of time of thirty (30) days in which to seek new counsel or to enter a pro se appearance and proceed with the litigation. 15. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. For further answer Respondents request that Plaintiffs be afforded an extension of fifteen (15) days after obtaining new counsel or entering a pro se appearance to complete the Pre-Complaint deposition of Nurse Imes. 16. (sic) Denied. Pa.R.C.P. 1029(c). After reasonable investigation the Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in the corresponding paragraph of the Petition. WHEREFORE, Respondents respectfully request that this Honorable Court enter an Order granting Plaintiffs thirty (30) days within which to seek new counsel or enter pro se appearance and proceed with litigation and fifteen (15) days after obtaining new counsel or entering a pro se appearance to complete the Pre-Complaint deposition of Nurse Imes. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: van Black, Esquire Attorney I.D. 17884 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group 3 CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Thomas M. Chairs, Esquire Dickie, McCamey, Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: - f I Jo . Wolfe 683082.1 4 RHHOMFCE OF 7HE MTKMARY 209 APR -2 PM 1: 22 cumrlll--'I?r -0 C"I'DUll'TY PEI`JI??I.VANIA PHILIP C. RICHARDS IN THE COURT OF COMMON PLEAS OF and LAURA D. RICHARDS,: CUMBERLAND COUNTY, PENNSYLVANIA Co-Administrators of the Estate of Chad Derr, Plaintiff V. CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM, et al., Defendants NO. 08-1460 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of April, 2009, upon consideration of the Emergency Petition of Peter M. Villari, Esquire, Nicole T. Matteo, Esquire, and the Law Firm of Villari, Brandes & Kline, P.C., for Leave To Withdraw as Counsel for Plaintiffs and To Stay All Proceedings, a Rule is hereby issued upon Plaintiffs and Defendants to show cause why Petitioners should not be allowed to withdraw their appearance on behalf of Plaintiffs. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, J. Wesley Oer,r., eter M. Villari, Esq. Nicole T. Matteo, Esq. VILLARI, BRANDES & KLINE, P .C 8 Tower Bridge Suite 400 161 Washington Street Conshohocken, PA 19428 Attorneys for Plaintiffs I 41H li 61 : i Wd E- 8dti 6002 kNlQWi.zt bd ail ?O 3OH&O-OTb van Black, Esq. P.O. Box 999 Harrisburg, PA 17108 /Thomas M. Chairs, Esq. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 /Mr. and Mrs. Philip C. Richards 2252 Pinetown Road Lewisberry, PA 17339 rc DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO- ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED AND NOW, comes Defendants, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist, by and through their attorneys, Dickie, McCamey & Chilcote, P.C. and files the within Response to the Emergency Petition of Plaintiffs' counsel to withdraw from their representation of the Plaintiffs and in support thereof avers as follows: 1-29. The 29 paragraph Petition filed by Plaintiffs' counsel seeking permission to withdraw as counsel sets forth detailed procedural history that is largely irrelevant to the request of Plaintiffs' counsel to withdraw from this matter. The Holy Spirit Hospital has no opposition to the request of counsel for the Plaintiffs to withdraw from their representation of the Plaintiffs in this matter. The Holy Spirit Hospital further has no objection to the placement of a stay upon 1 these proceedings in order to afford the Plaintiff an opportunity to obtain substitute counsel. It is the position of the Holy Spirit Hospital that the deadline for the completion of pre-Complaint discovery has expired. A stay of these proceedings should not impact deadlines which previously expired. To the extent Plaintiffs are capable of obtaining substitute counsel, substitute counsel can request any relief deemed necessary by substitute counsel. It is respectfully submitted that the stay of these proceedings should be limited to sixty (60) days. Thereafter any party should be free to seek any relief provided under the Rule of Civil Procedure. WHEREFORE, Holy Spirit Hospital respectfully requests an Order providing Villari, Brandes & Kline, P.C. permission to withdraw as counsel for the Plaintiffs and entering a sixty (60) day stay upon these proceedings in order to afford the Plaintiff an opportunity to obtain substitute counsel. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 9, 2009 By: ma's M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST 2 CERTIFICATE OF SERVICE AND NOW, April 9, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RESPONSE OF HOLY SPIRIT HOSPITAL TO THE EMERGENCY PETITION OF PETER M. VILLARI, ESQUIRE, NICOLE T. MATTEO, ESQUIRE AND THE LAW FIRM OF VILLARI, BRANDES & KLINE, P.C. FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS AND STAY ALL PROCEEDINGS upon all counsel of record by depositing; or causing to be deposited, sae in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: BY First-Class Mail: Peter M. Villari, Esquire Nicole T. Matteo, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel for Plaintiffs) Evan Black, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) Mr. and Mrs. Philip Richards 2252 Pinetown Road Lewisberry, PA 17339 (Via Certified Mail Only: 7006215085413724) Thomas . C airs, Esquire -df [: OF THEE p l","-r7<- ,Nf0TARY 2009 APR 14 AM 10: 32 PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM: HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN : CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, : Defendant NO. 08 - 1460 CIVIL TERM ORDER OF COURT AND NOW, this 20'h day of April, 2009, upon consideration of the Emergency Petition of Peter M. Villari, Esquire, Nicole T. Matteo, Esquire, and the Law Firm of Villari, Brandes & Kline, P.C., for Leave To Withdraw as Counsel for Plaintiffs and To Stay All Proceedings, the responses by Defendants, and the absence of a response by Plaintiffs, Petitioner's petition is granted to the extent that they are excused from any further obligation to represent Plaintiffs. BY THE COURT, Peter M. Villan, Esq Nicole T. Matteo, Esq Villari, Brandes & Kline, P.C. 8 Tower Bridge Suite 400 161 Washington Street Conshocken, PA 19428 Attorneys for Plaintiffs ? ' ii??? ??_? ?) ??'. `,_?..r ????a ',' 1. van Black, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C. ---'Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe Nurse Anesthetist (26ft Es m? L 'Y/2%9 440437 DICIOE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM, HOLY ATTORNEY I.D. NO. 78565 SPIRIT HOSPITAL OF THE SISTERS OF 1200 Camp Hill Bypass, Suite 205 CHRISTIAN CHARITY, HOLY SPIRIT Camp Hill, PA 17011 HOSPITAL. AND JOHN/JANE DOE NURSE (717)7314800 (Tele) ANESTHETIST (717)7314803 (Fax) PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, CO- ADMINISTRATORS OF OF CUMBERLAND COUNTY, THE ESTATE OF CHAD M. DERR, PENNSYLVANIA Plaintiffs NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARM(, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE. DOE NURSE ANESTHETIST, MEDICAL. MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIFE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respe tfuhy subrnwed, Date: April 27, 2009 DICKIE, M CCAMEY & CHILCOTE, P.C. ifns y.:,hairs, Esquire Suprenn C''curt 1.D.' /-78565 Attorne*,,,fbr Defendants, HOLY SPIRIT IIOSPI 7:4 L AND JOHN/JANE DOE NURSE, 4A1,F 7'hE fS7' A N CERTIFICATE OF SERVICE AND NOW, April 27, 2009, .l, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Mr. and Mrs. Philip Richards, Pro Se. 2252 Pinctown Road Lewisberry, PA 17339 (Plaintiffs) Evan Black, Esquire Hugh P. O'Neill, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, A.D. and Moffitt Heart & Vascular Group, P.C.) Thom M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM, HOLY ATTORNEY I.D. NO. 78565 SPIRIT HOSPITAL OF THE SISTERS OF 1200 Camp Hill Bypass, Suite 205 CHRISTIAN CHARITY, HOLY SPIRIT Camp Hill, PA 17011 HOSPITAL AND JOHN/JANE DOE NURSE (717)731-4800 (Tele) ANESTHETIST 71 731-4803 ax PHILIP C. RICHARDS AND LAURA D. IN THE COURT OF COMMON PLEAS RICHARDS, CO- ADMINISTRATORS OF OF CUMBERLAND COUNTY, THE ESTATE OF CHAD M. DERR, PENNSYLVANIA Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this je day of Apr$ I , 2009, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. ?/a9/09 (NOTE: File in duplicate) 2 RUH r C T'4 '2009 APR 28 AN 11: 4 7 GG?Pi?= ??i`ti Y VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff No. 08-1460 Jury Trial Demanded VS. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants PRAECIPE TO WITHDRAW AS COUNSEL TO THE OFFICE OF THE PROTHONOTARY: Kindly withdraw the appearance Peter M. Villari, Esquire, Nicole T. Matteo, Esquire and that of Villari, Brandes & Kline, P.C. in the above matter on behalf of the Plaintiffs, Monica and Stephen Forte, individually and as parents and natural guardians of Antonio Forte, a minor, pursuant to an Order entered on April 20, 2009 wherein Leave to withdraw was granted. A true and correct copy is attached hereto. Respectfully submitted, Viilari, Brandes & Kline, P.C Date: q /Z7/a9 By: A=f a _ Md-Tin 1 'cli ole T. Mat Teo, Esquire PHILIP C. RICHARDS AND : IN THE COURT OF COMMON PLEAS OF LAURA D. RICHARDS, CUMBERLAND COUNTY, PENNSYLVANIA CO-ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiff V. : CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM: HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendant NO. 08 - 1460 CIVIL TERM ORDER OF COURT AND NOW, this 200' day of April, 2009, upon consideration of the Emergency Petition of Peter M. Villari, Esquire, Nicole T. Matteo, Esquire, and the Law Firm of Villari, Brandes & Kline, P.C., for Leave To Withdraw as Counsel for Plaintiffs and To Stay All Proceedings, the responses by Defendants, and the absence of a response by Plaintiffs, Petitioner's petition is granted to the extent that they are excused from any further obligation to represent Plaintiffs. J Fill M. Villari, Esq le T. Matteo, Esq ri, Brandes & Kline, P.C. 8 Tower Bridge Suite 400 161 Washington Street Conshocken, PA 19428 Attorneys for Plaintiffs TRUE OOP1f FNOMA REOOpIi mdny of so `tea .bm gal" BY THE COURT, Evan Black, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C. Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill By-Pass Suite 205 Camp Hill, PA 17011 Attorney for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital, and John/Jane Doe Nurse Anesthetist VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff Vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants CERTIFICATE OF SERVICE Nicole T. Matteo, Esquire, hereby certifies that a copy of the Praecipe to Withdraw as Counsel was served upon the following via first class mail on April 27, 2009: Thomas M. Chairs, Esquire Evan Black, Esquire Dickie, McCamey & Chilcote, P.C. Thomas, Thomas & Hafer, LLP 1200 Camp Hill By-Pass P.O. Box 999 Suite 205 Harrisburg, PA 17108 Camp Hill, PA 17011 Philip Richards & Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 Date: q/2-7,101- Villari, Brandes & Kline, P.C By: )qI, t9 _ rnam'o 'Nicole T. Matto, Esquire FiLfEI- a:E OF ?HF P ? ?ARY 2 119 A R e 9 F,J 2. 11 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM,'et al., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter judgment of none, pros against Plaintiffs Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr, in favor of the Defendant Thach Nguyen, M.D. and Moffitt Heart & Vascular Group in the above-captioned matter pursuant to Pa.R.C.P. 1037(a). Undersigned counsel for Defendant hereby certifies that pursuant to Pa.R.C.P. 23 7. 1 (a)(2)(i), written notice of intention to file this Praecipe for Entry of Judgment of Non Pros was served via certified mail, return receipt requested and first class mail and upon Plaintiffs, Philip C. Richards and Laura D. Richards, under cover of letter dated April 28, 2009. Copies of the transmittal letter, Ten Day Notice of Praecipe for Entry of Judgment of Non Pros and Certificate of Service are attached hereto as Exhibit "A". Plaintiff signed the Ten Day Notice pursuant to Pa.R.C.P. 237.1(a)(2)(i) on April 30, 2009, establishing receipt of same. Respectfully submitted, THOMAS, THOMAS HAFER, LLP Dated: May 11, 2009 By: Edan 94at,V, Esquire I.D. #17884 Hugh P. O'Neill, III, Esquire I.D. # 69986 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717) 441-7051 Attorneys for Defendants Thach Nguyen M.D., and Moffitt Heart & Vascular Group 2 ?ft?,J bi d' f?- HARRISBURG BETHLEHEM PITTSBURGH BALTIMORE PHILADELPHIA H TT THOMAS, THOMAS & HAFIIt?P April 28, 2009 VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED Philip C. Richards Laura D. Richards 2252 Pinetown Road Lewisberry, PA 17339 ATTORNEYS AT LAW www.ttlitaw.com Hugh P. O Neill (717) 255-7629 honeill@tthlaw.com Re: Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr v. Holy Spirit Health System, et al. Cumberland County CCP No. 08-1460 Our File No. 355-80515 Dear Mr. and Mrs. Richards: Enclosed please find a Notice of Praecipe for Entry of Default Judgment in the above- captioned matter. As indicated in the attached Notice, we will be filing an Entry of Default Judgment against you in the Cumberland County Court of Common Pleas within 10 days of the date of the attached Notice. Thank you for your attention to this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP Hugh P. O'Neill, III HPO/wer Enclosures cc (w/enc.): Thomas M. Chairs, Esquire 691796.1 305 North Front Street, Sixth Floor, Harrisburg, PA 17101 Phone: (717) 237-7100 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Fax: (717) 237-7105 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Philip C. Richards Laura D. Richards 2252 Pinetown Road Lewisberry, PA 17339 DATE OF NOTICE: April 28, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. OR CANNOT AFFORD ONE, 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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 3 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Respectfully submitted, THOMAS, THOMAS/& HAFER, LLP By: 1 fff, n Bl ck I'squire I.D. #17884 Hugh P. O'Neill, III, Esquire I.D. # 69986 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717) 441-7051 Attorneys for Defendants Thach Ngiryen M.D., and Moffitt Heart & Vascular Group CERTIFICATE OF SERVICE I, Wendy Rhoades, an employee for the law fine Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel and parties of record, postage prepaid, addressed as follows, on the date and in the manner set forth below: VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Philip Richards & Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 Pro Se Plaintiffs Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorneys,for Defendants Holy Spirit Health. System, Holt, Spirit Hospital of the Sisters of Christian Chariot, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist THOMAS, THOMAS & HAFER, LLP Dated: April 28, 2009/'' Wendy Rhoades o .ro 0. W m r a N c ca G .? G O T U 0- Q O C Z N ? N r Q. N a w z I ? i tf `? CG O _ o6 r r O ?. rn 0 o ..; 0 co N 0 [L vrrda r m ?p m p y' o o o a m • co CD n m m ?j vi???/ m w m?.° W 01 m ° Q m o ??v 3xwU) 2_ C?? ;;oaoam O S ro?romo C A. '? g m ?C m W m -o 4 m to m ? a Q a ? m N N o x -J m 4 ? Ln tI" m ? w- 0 N Cf CAD cT N N N ? n 3 w 0 m CERTIFICATE OF SERVICE 1, Wendy Rhoades, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel and parties of record, postage prepaid, addressed as follows, on the date and in the manner set forth below: VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Philip Richards & Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 Pro Se Plaintiffs Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorneys for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist THOMAS, THOMAS & HAFER, LLP Dated: May 11, 2009 l Wendy Rh6a'des RLED-DTICE CE 114E f'rPOW C,OTARY 2004 MAY 11 AM 8: 16 / f U f x Os 4fce wAj l4 1?1d THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, 111, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE To: Philip C. Richards Laura D. Richards 2252 Pinetown Road Lewisberry, PA 17339 You are hereby notified that on 2,7)a` // , 2009, the following Judgment has been entered against you in the above-caption case. Judgment of Non Pros for failure to file a Complaint. Date: 441, °2zrj? P thonota 67 I hereby certify that the name and address of the proper person(s) to receive this notice is: Philip C. Richards Laura D. Richards 2252 Pinetown Road Lewisberry, PA 17339 VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff vs. No. 08-1460 Jury Trial Demanded HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants PRAECIPE TO WITHDRAW AS COUNSEL TO THE OFFICE OF THE PROTHONOTARY: Kindly withdraw the appearance Peter M. Villari, Esquire, Nicole T. Matteo, Esquire and that of Villari, Brandes & Kline, P.C. in the above matter on behalf of the Plaintiffs, Philip and Laura Richards, Co-Administrators of the Estate of Chad M. Derr, deceased, pursuant to an Order entered on April 20, 2009 wherein Leave to withdraw was granted. A true and correct copy is attached hereto. Respectfully submitted, Villari, Brandes & Kline, P.C Date: /0 9 By: I Illy-111(4 icole T. Mat o, Esquire VILLARI, BRANDES & KLINE, P.C. BY: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875 and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PHILIP C. RICHARDS AND LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, deceased Plaintiff VS. HOLY SPIRIT HEALTH SYSTEM individually and/or doing business as Holy Spirit of the Sisters of Christian Charity and/or doing business as Holy Spirit Hospital, et al.: Defendants No. 08-1460 Jury Trial Demanded CERTIFICATE OF SERVICE Nicole T. Matteo, Esquire, hereby certifies that a copy of the Praecipe to Withdraw as Counsel was served upon the following via first class mail on May 11, 2009: Thomas M. Chairs, Esquire Evan Black, Esquire Dickie, McCamey & Chilcote, P.C. Thomas, Thomas & Hafer, LLP 1200 Camp Hill By-Pass P.O. Box 999 Suite 205 Harrisburg, PA 17108 Camp Hill, PA 17011 Philip Richards & Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 Villari, Brandes & Kline, P.C Date: By: )I ,&.1Z... MQItu.C cole T. Matteo, Esquire i'' OF E 2 004 MAY 13 IF ir:2: ??3 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Thach Nguyen, M.D. and Moffitt Heart & Vascular Group PHILIP C. RICHARDS and LAURA D. RICHARDS, Co-Administrators of the Estate of Chad M. Derr, Plaintiffs, NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, et al., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: PROOF OF SERVICE I, Hugh P. O'Neill, III, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that Plaintiffs, Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr, were duly served with the Notice of Judgment of Non Pros as evidenced by the attachments hereto. Respectfully submitted, THOMAS, THO & HAFER, LLP Date: May 18, 2009 Hugh ' eill, III, Esquire Attorney I.D. No.: 89037 P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7629 698142.1 ileM 1, Z WO & Also complete m 4 M Fleattled Dskvy is desired. #Mrtt yotrr name and address on the reverse W that we can whim the card to you. 0 Mbch the card to the back of the mal" ce, oven the front If speoe permits. 1. Aftle Addressed to: /',VI t A. ;a ml t4 x 1 ZL,?7:? a B. Foo*Adfloy ( IW* D. Is delivery address dMfmant from lEeet `u 10 H YES, enter delivery address below: 0 t#e j , tai aomwtm miell E3 Registered o ? bond man 0 C.O.D. 4. fiestrfCled Delivery? (Extra Fsel ry 7007 0220 -0002 9762 7571 ssoo+ Do o to Horan Assent CERTIFICATE OF SERVICE I, Wendy Rhoades, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States Mail, postage prepaid, addressed as follows, on the date set forth below: VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Philip Richards & Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 Pro Se Plaintiffs Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorneys for Defendants Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist THOMAS, THOMAS & HAFER, LLP Dated: May 18, 2009 45?1" Wendy Rh d s ,)c THIF" Fi7'1'.'?'' "",,)"49Y 2G,09 PIAY 19 AIi 10.5 ' C1?bt!::. " . ;.f1 jy r-,. 0 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO- ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHNUANE DOE NURSE ANESTHETIST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED PRAECIFE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter judgment of non pros .=against Plaintiff, Philip C. Richards and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr, and in favor of Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist. 1, the undersigned, hereby certify that the attached Notice of Intention to File a Praecipe for the Entry of Judgment Xon Pros was served on Plaintiff more than ten (10) days prior to the filing of this Praecipe Respectfully submitted, DICKIE, MCCAMEY & ILCOTE, P.C. i 1 Date: May 27, 2009 By: Th as . airs, Esquire Supreme Court I.D. No. 78565 1200 Camp Hill Bypass, Suite 205 Camp Mill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM, HOL Y SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, AND JOHN/JANE DOE NURSE ANESTHETIST 2 14 4yG,ib (- f 30% PC* 448551 Thomas M. Chairs Attomey-at-Law Admitted in PA, MD May 15, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. and Mrs. Philip Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339 RE: Derr v. Holy Spirit Hospital, et al. Docket No.: 08-1460 Our File No.: PC-173 (0029096.0309269) Dear Mr. and Mrs. Richards: Direct Dial: (717) 731-4800 Direct Fax: (717) 731-4803 tchairs@dmclaw.com We enclose and serve upon you a Notice of Default in the above-referenced matter. Unless you act within ten (10) days from the date of this Notice a judgment of Non Pros will be filed against you. Very truly yours, TMC/nlb Enclosure cc: Evan Black, Esquire (w/enclosure) DICKIE, M. & CHILCOTE, P.C. DICKIE, W MEY & CHILCOTE, KC I ATTORNEYS AT LAW MAIN: 717-7314800 FAX 717-7314803 PHhbwyh I Hwdsbwg I PHbdelphia I Wosb von, D.C. I Dolowe 1200 CAMP HILL BYPASS, SUITE 205 1 CAMP HILL, PA 17011-3700 1 WWW.OMCLAW.COM NOW Jener I Nonh Comfino I Ohio I West Yrortio 1TIFIFIi'MAII, . RECEIF M1 For delivery informA?!pn visit our website at www.usps.com, mrL OF' ICIAL U Postage $ Ln Certified Fee X05 C3 Ratum Receipt Fee Pos C3 (Endorsement Required) .3 b C) Restricted Delivery Fee (Endorsement Required) C3 r r:q Total Postage & Fees $ ?. L r?iJ o..??...I?! ..................................................... C3 or PO Box No. V?,y Qj n l.' W K -YZ ----- cro Saco, zr 4 ` JPI4 11731 %r s, ¦ Complete Items 1, 2, and 3. Also comp: tte A u e Item 4 If ResMcted Delivery is desired, th ¦ P i t dd d X C l Ager?t '[ ress on e reverse r n your name an a Addressee so that we can return the card to you. ¦ Attach this card to the back of the malOiece, B. eceived by( N C. I P Date h t if it t f f r space perm or on e ron s. , 1. Article Addressed to: D. Is address dNferwA from Item I? If YES, enter delivery address below: Cl YYes •r; ya rvo ?/V1 re CrjjLtOarVL ?? 339 . ?e w is b-?t?- y 3 Mail 0 Express Mai 13 Registered 0 Return Receipt for Merchandise O insured mail 0 C.O.D. I 4. Restricted Delivery? Pft Feel 13 Yes 2. Ardde Number 7006 ' 150 0003 8541 3748 ( WWn r horn servke /86ef, . _ _ PS Form 3811, February 2004 ttc Retum Receipt I 102595-02-M-1540 I - l? DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY: Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT ATTORNEY I.D. NO. 78565 HOSPITAL OF THE SISTERS OF CHRISTIAN 1200 Camp Hill Bypass, Suite 205 CHARITY, HOLY SPIRIT HOSPITAL AND Camp 1111, PA 17011 JOHN/JANE DOE NURSE ANESTHETIST (717)731-4800 (Tele) (717)731-4803 (Fax) PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO- ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 V. MEDICAL MALPRACTICE ACTION HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants JURY TRIAL DEMANDED NOTICEOF DEFAULT TO: Mr. and Mrs. Philip Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339 Date of Notice: May 15, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 AVISO E%IPORTANTE TO: Mr. and Mrs. Philip Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339 FECHA DEL AVISO: May 15, 2009 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTA A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 Respectfully submitted, DICKIE, MCC & CH COTE, P.C. Date: May 15, 2009 By: as M. Chairs, Esquire Supreme Court I.D. No. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants,' HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL AND JOHN/JANE DOE NURSE ANESTHETIST CERTIFICATE OF SERVICE AND NOW, May 15, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF DEFAULT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Mr. and Mrs. Philip Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339 Evan Black, Esquire Hugh P. O'Neill, Esquire 'THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) 1 Tho as M. Chairs, Esquire CERTIFICATE OF SERVICE AND NOW, May 27, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Philip Richards Laura Richards 2252 Pinetown Road Lewisberry, PA 17339 (Pro Se Plaintiffs) Evan Black, Esquire Hugh P. O'Neill, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Thach N. Nguyen, M.D. and Moffitt Heart & Vascular Group, P.C.) Thoma . ' hairs, Esquire i * 14 -00 Pry A,°N Cop aoq I U- aa(o Idd3 PHILIP C. RICHARDS AND LAURA D. RICHARDS, CO- ADMINISTRATORS OF THE ESTATE OF CHAD M. DERR, Plaintiffs V. HOLY SPIRIT HEALTH SYSTEM, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HOSPITAL, MOFFITT HEART & VASCULAR GROUP, P.C., THACH N. NGUYEN, M.D. AND JOHN/JANE DOE NURSE ANESTHETIST, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1460 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF JUDGMENT' OF NON PROS TO: Philip C. Richards, Pro Se Laura D. Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339 Date of Notice: ??d3/o9 Please be advised that a Judgment of Non Pros for failure to file a Complaint has been entered against you and in favor of Defendants, Holy Spirit Health System, Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Hospital and John/Jane Doe Nurse Anesthetist, in the above-captioned action. Date: - „??fl9 6m"L?ud Cumberland COWO "rot onotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Philip C. Richards, Pro Se Laura D. Richards, Pro Se 2252 Pinetown Road Lewisberry, PA 17339