The URL can be used to link to this page

Home My WebLink About08-1982e? GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08- lg8a C;?<< lei-M AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendants in the above-referenced matter. To: Curtis R. Long, Prothonotary Attor y for Plfiintifk?D Dated: ?, April L. Strang-Kutay, Esquire 13P 710 Goldberg Katzman, P.C. I.D. No. 46728 Cn -fl d 00 f O co -C Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent Plaintiff Court of Common Pleas Vs. No 08-1982 AMY FAJARDO, M.D. 503 North 21st Street Camp Hill, PA 17011 HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 JOHN A. BELIS, M.D. 423 North 21St Street Camp Hill, PA 17011 MID PENN UROLOGY, INC., 423 North 21St Street Camp Hill, PA 17011 RICHARD SCHREIBER, M.D. 108 Lowther Street Lemoyne, PA 17043 INTERNISTS OF CENTRAL PENNSYLVANIA 108 Lowther Street Lemoyne, PA 17043 Defendant In CivilAction-Law To Amy Fajardo, M.D., Holy Spirit Hospital, John A. Belis, M.D., Mid Penn Urology, Inc., Richard Schreiber, M.D., and Internists of Central Pennsylvania, Ltd., You are hereby notified that Cathy L. Haley, individually and as Admistratrix of the Estate of Michael J. Haley, decedent, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curti . Lo , r thonot Date 3/28/08 By Deputy Attorney: April L. Strang-Kutay, Esquire Name: Address: Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Attorney for: Plaintiff Telephone: 717-509-6141 Supreme Court ID No. 46728 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FAJARDO AMY MD the DEFENDANT , at 1415:00 HOURS, on the 2nd day of April , 2008 at HOLY SPIRIT HOSPITAL CAMP HILL, PA 17011 AMY FAJARDO 420 N 21ST STREET by handing to 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 Postage Surcharge of // N/0 - V/ Sworn and Subscibed to before me this of So Answers: 18.00 15.00 r .`...-- .75 10.00 R. Thomas Kline .00 43.75 04/03/2008 GOLDBERG KATZMAN By: day puty Sheriff A.D. CASE NO: 2008-01982 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL STEPHEN BENDER , 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 1215:00 HOURS, on the 1st day of April , 2008 at 210 SENATE AVENUE CAMP HILL, PA 17011 3RD FLOOR by handing to TERESA PLESCE, RISK MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 41,410, (4- 16.. 0000 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/03/2008 GOLDBERG KATZMAN By: Depu y Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BELIS JOHN A MD the DEFENDANT , at 1325:00 HOURS, on the 1st day of April 2008 at 423 N 21ST STREET CAMP HILL, PA 17011 by handing to ROBIN EICKLER, OFFICE SUPERVISOR, 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 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 C1114/VV 16 00 04/03/2008 GOLDBERG KATZMAN Sworn and Subscibed to By: before me this day Deputy "Sheriff of A.D. CASE NO: 2008-01982 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MID PENN UROLOGY INC the DEFENDANT , at 1325:00 HOURS, on the 1st day of April 2008 at 423 N 21ST STREET CAMP HILL, PA 17011 by handing to ROBIN EICKLER, OFFICE SUPERVISOR, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: P R. Thomas Kline 04/03/2008 GOLDBERG KATZMAN By: Deputy Sheriff A. D. • SHERIFF'S RETURN - REGULAR CASE NO: 2008-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SCHREIBER RICHARD MD the DEFENDANT , at 1505:00 HOURS, on the 1st day of April 2008 at 108 LOWTHER STREET LEMOYNE, PA 17043 by handing to CATHYLEAN SIAR, OFFICE MANAGER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 16.00 Affidavit .00 Surcharge 10.00 00 `'1 32 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/03/2008 GOLDBERG KATZMAN By. zz Deputy Sheri f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HALEY CATHY L VS FAJARDO AMY MD ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon INTERNISTS OF CENTRAL PENNSYLVANIA LTD the DEFENDANT , at 1505:00 HOURS, on the 1st day of April , 2008 at 108 LOWTHER STREET CAMP HILL, PA 17011 by handing to CAHTYLEAN SIAR, OFFICE MANAGER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 1 000 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/03/2008 GOLDBERG KATZMAN By: Deputy 71 She iff A. D. 298513 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY Thomas M. Chairs, Esquire AMY FAJARDO, M.D. AND HOLY SPIRIT ATTORNEY I.D. NO. 78565 HOSPITAL BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) CATHY L. HALEY, INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADMINISTRATRIX OF THE OF CUMBERLAND COUNTY, ESTATE OF MICHAEL J. HALEY, PENNSYLVANIA DECEDENT, Plaintiff NO. 08-1982 V. MEDICAL MALPRACTICE ACTION AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital, in the above-captioned matter. Date: April 15, 2008 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: T s M. Chairs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 1200 Camp Hill Bypass, Suite 205 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, April 15, 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) John A. Belis, M.D. 423 North 21 st Street Camp Hill, PA 17011 Richard Schreiber, M.D. 108 Lowther Street Lemoyne, PA 17043 INTERNISTS OF CENTRAL PENNSYLVANIA 108 Lowther Street Lemoyne, PA 17043 MID PENN UROLOGY, INC. 423 North 21 st Street Camp Hill, PA 17011 Tho s . C airs, Esquire 1"t 7 s 'L,a J` THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendants John A. Belis, M.D. and Mid Penn Urology. Inc. CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1982 CIVIL ACT10N -LAW JURY TRIAL DEMANDED AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants DEMAND FOR JURY TRIAL To the Prothonotary: Defendants, John A. Belis, M.D. and Mid Penn Urology, Inc., by and through their attorneys, demand a trial of 12 jurors and alternates. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: ?C7D$ By: Evan Black, Esquire Attorney I.D. 17884 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc. CERTIFICATE OF SERVICE 1. Joan L. Wolfe, an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document on the following by placing a copy of same in the United States first class mail, postage pre-paid. addressed as follows: April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Richard Schreiber, M.D. 108 Lowther Street Lemoyne, PA 17043 Internists of Central Pennsylvania 108 Lowther Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: *JOL. Wolfe, Legal Secretary ' 6 ?DATE: D w THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attornev for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc. CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1982 V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire on behalf of the Defendants, John A. Belis, M.D. and Mid Penn Urology, Inc., only, in the above captioned matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: ;a4 By: Evan Black, Esquire Attorney I.D. 17884 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc. CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document on the following by placing a copy of same in the United States first class mail, postage pre-paid, addressed as follows: April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote. P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Richard Schreiber, M.D. 108 Lowther Street Lemoyne, PA 17043 Internists of Central Pennsylvania 108 Lowther Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: Joan L. Wolfe. Legal Secretary t DATE: -'r '` f, I THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendants John A. Belis. M.D. and Mid Penn Urology, Inc. CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1982 CIVIL ACTION -LAW JURY TRIAL DEMANDED AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint on behalf of the Defendants, John A. Bells. M.D. and Mid Penn Urology, Inc., 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: 4 ? P, A By. Evan Black, Esquire Attorney I.D. 17884 Thomas, Thomas and Hafer, LLP 305 North Front Street, P.O. Boa 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, John A. Bells, M.D. and Mid Penn Urology, Inc. CERTIFICATE OF SERVICE 1. Joan L. Wolfe, an employee of the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document on the following by placing a copy of same in. the United States first class mail, postage pre-paid, addressed as follows: April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Richard Schreiber, M.D. 108 Lowther Street Lemoyne, PA 17043 Internists of Central Pennsylvania 108 Lowther Street Lemoyne, PA 17043 THOMAS, THOMAS & HAFER, LLP By: Jo L. Wolfe, Legal Secretary l DATE: CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, V. Plaintiff AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-1982 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Cathy Haley, Plaintiff c/o April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 You are hereby directed to file a Complaint against Defendants, JOHN A. BELIS, M.D. and MID PENN UROLOGY, INC., within twenty (20) days or non pros seq. reg. Pro onotary DATED: 5/09/02 Cathy L. Haley, individually and as Administratix of the Estate of Michael J. Haley, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1982 Amy Fajardo, M.D., Holy Spirit Hospital, John A. Belis, M.D., Mid Penn Urology, JURY TRIAL DEMANDED Inc., Richard Schreiber, M.D. and Internists of Central Pennsylvania, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the below listed counsel on behalf of Richard Schreiber, M.D. and Internists of Central PA in the captioned matter. Respectfully submitted, ST7:: LEE Date: May 6, 2008 Mi ael D. Pip Attorney I.D. #53624 Larry B. Selkowitz Attorney I.D. #16276 17 North Second Street 16th Floor Harrisburg, PA 17101 (717) 255-7354 (717) 234-1099 (Facsimile) lbs@stevenslee.com Attorneys for Richard Schreiber, M.D. and Internists of Central PA S L 18153 33 v l /041199.00323 I CERTIFICATE OF SERVICE I, Alana L. Souders, Legal Assistant to Larry B. Selkowitz, Esquire, hereby certify that I caused a true and correct copy of the foregoing Entry of Appearance to be served upon the following counsel of record via First Class United States mail, postage prepaid, addressed as follows: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Counsel to Plaintiff Thomas A. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Amy Fajardo, MD. and Holy Spirit Hospital John A. Belis, M.D. 423 North 21St Street Camp Hill, PA 17011 Mid Penn Urology, Inc. 423 North 2111 Street Camp Hill, PA 17011 Date: (.'0 ) U ? ? (-lo-P 0 n ??L S L 1 815332v 1 /041199.00323 d ?i ?' ?? ? ? x' C;, GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO INTERNISTS OF CENTRAL PENNSYLVANIA. LTD. I, April L. Strang-Kutay, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: s ,Z P o 8 4??- April L. ang-Ku , s uire CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the _ day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO RICHARD SCHREIBER, M.D. I, April L. Strang-Kutay, Esquire, certify that: 1? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: s.?8 0 8 _ ?4 April L. g-Kutay, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: ! Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as : Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL I, April L. Strang-Kutay, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR f? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: S .?B o a April . Strang- re CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: ' Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as : Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREMER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO AMY FAJARDO, M.D. I, April L. Strang-Kutay, Esquire, certify that: Q" an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 5 2a a 8 Apri L. g-Kutay CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the c\/( day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16'' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: P'Z;nol) A A ' Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire r-, ?_? ` ?_-_ n .?..? ?? ?.,. c;:a --?* _..?. ?w.;? ` c. ~, , --e GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants ? Lei 4 ? 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 ` NO'i'?CIA, Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja. o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO HVINIEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD : JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF : CENTRAL PENNSYLVANIA, LTD., Defendants COMPLAINT AND NOW, comes the Plaintiff, Cathy L. Haley, both individually and as Administratrix of the Estate of Michael J. Haley, her husband, by their attorneys, Goldberg, Katzman, P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Plaintiff Cathy Haley is an adult individual, wife of the late Michael Haley, and Administratrix of the Estate of Michael Haley; she resides at 245 Hup Road, Millersburg, PA. 2. Defendant Amy Fajardo, M.D. is a physician who is licensed to practice medicine in the Commonwealth of Pennsylvania, with a principal place of business in the Emergency Department of Holy Spirit Hospital, North 2111 Street, Camp Hill, PA, 17011. 3. Defendant Holy Spirit Hospital is a hospital duly licensed under the laws in the Commonwealth of Pennsylvania, with a principal place of business at North 21 s' Street, Camp Hill, PA, 17011. 4. Defendant, John A. Belis, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his principal office location at Mid Penn Urology, Inc., 423 North 21 st Street, Camp Hill, PA 17011. 5. Defendant, Mid Penn Urology, Inc. is a business entity located at 423 North 21 st Street, Camp Hill, PA 17011. 6. Defendant Richard Schreiber, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his principal office location at Internists of Central Pennsylvania, 108 Lowther Street, Lemoyne, PA 17043. 7. Defendant, Internists of Central Pennsylvania, is a business entity located at 108 Lowther Street, Lemoyne, PA 17043. STATEMENT OF LIABILITY 8. In accordance with Pa.R.C.P. No. 1042.2, this is a professional liability action brought against all defendants in this action. STATEMENT OF FACTS 9. Decedent Michael Haley, then age 52, presented to his urologist, Dr. Belis, at Holy Spirit Hospital, on or about March 8, 2006 for a one day outpatient procedure to address his long standing problem with kidney stones, which, at times, required procedures to break up the stones so that they could be passed; the records conclude with a note that the procedure was accomplished without complications. 2 10. On or about March 29, 2006, Decedent experienced severe difficulty breathing, and on the advice of his family physician, who was concerned about a possible blood clot, presented to the Emergency Department at Holy Spirit Hospital with a complaint of chest pain, at which point he was under the care of Dr. Fajardo. 11. During this visit on the evening of March 29, 2006, Decedent complained of pain under the right breast, and pain with deep breathing, which began on March 18, 2006. The vital signs noted at triage include pulse 122, blood pressure 155/97, temperature 99. 1, respirations 22, and oxygen saturation 92%. 12. Decedent was seen in the Emergency Department by Dr. Fajardo at 19:52, who noted a chief complaint of chest pain which had begun 10 to 13 days prior. Dr. Fajardo also recorded dyspnea with walking upstairs. She specifically charted that the chest pain, or chest pain as well as dyspnea, began on March 18, 2006, persisting until March 22, 2006, but then returned on March 27, 2006. 13. The pain is described in the chart as present, as associated with shortness of breath, worsened with deep breaths, exertion and cough, and relieved with rest and sitting up. 14. On examination, in the Emergency Department on March 29, 2006, Dr. Fajardo reports vitals indicated above, as well as normal breath sounds, shallow respirations, tachycardia, and normal extremities. She indicated findings of BUN 45, creatine 5. 1, "low probability" VQ scan, and a normal ECG with rate of 100. 15. A CT scan of the abdomen without contrast was reported to show "atelectasis and/or consolidation in the right middle lobe and pleural base nodule in the left lobe... moderate left hydronephrosis with staghorn calculus." Appreciated by the reviewing radiologist was a left renal double-J stent. The radiologist further memorialized in his report that "if clinically indicated correlation with chest CT may be helpful." 16. In the Emergency Department evaluation, oxygen saturation was recorded as 94% to 95% at times that are not indicated. 17. With regard to the reporting in the Emergency Department, the final report of the VQ scan indicated: "mild heterogeneous ventilation to both lungs. There is mild heterogeneous profusion without definite segmental or subsegmental profusion." Dr. Fajardo's impression was: "chest pain - acute" and acute renal insufficiency. 18. Decedent was given an injection of Toradol, and advised to follow-up with his urologist. 19. On or about March 30, 2006, Decedent underwent placement of a percutaneous nephrostomy tube with conscious sedation, as requested by Decedent due to his concern that he could not breathe well enough to have general anesthesia; this procedure was performed, again with no complications noted, at Holy Spirit Hospital in the Department of Radiology and Diagnostic Imaging. After his discharge to home, Decedent was able to pass a large kidney stone, but after several days, Decedent's nephrostomy tube was draining poorly or not at all, prompting a call to his urologist, Dr. Belis, to advise him of the situation. 20. On or about April 6, 2006, Decedent had an appointment with Dr. Belis, but Decedent was so short of breath that he was unable to negotiate the stairs to the doctor's office. At Plaintiff wife's insistence, Dr. Belis saw Decedent on a bench outside the office, and advised that he be taken to the Emergency Department at Holy Spirit Hospital, since this facility was the only local hospital which had the equipment to fit the nephrostomy tubes. 21. Dr. Belis records a brief history of present illness with no details regarding the onset, character, course, or other features of these problems. He records a brief examination without mention of vital signs. He reports clear lungs, regular heart rhythm, and no edema. His assessment is: "l. Left kidney stones with obstruction of left kidney. 2. Renal failure. 3. Urinary tract infection." Dr. Belis' plan is for hydration, antibiotics, and a pulmonary consult. He ordered an ECG, which was carried out later in the evening. Nursing notes of the date in question reveal an oxygen saturation of 89% that rose on 4-6 liters to 90-92%. 22. While hospitalized at Holy Spirit Hospital on April 6, 2006, a chest radiograph taken at 20:40 revealed mild cardiomegally and clear lungs; Mr. Haley's recorded oxygen saturation varied from 89% to 91 % during the night. 23. At 17:40 on April 6, 2006, Dr. Schreiber recorded a chief complaint of "exertional dyspnea," and further documented progressive shortness of breath over the last several weeks. Dr. Schreiber noted that breathlessness had increased in the past week "to the point he can barely stand to brush his teeth or get dressed." On review of systems, Dr. Schreiber obtained a history of phlebotomy for increased blood counts. On exam, Dr. Schreiber noted that vital signs are "not in front of me at the moment." 24. On the date in question, April 6, 2006, Dr. Schreiber noted no jugular venous distention, appreciated clear lungs, a normal heart, and chronic venous changes in the legs, but no calf tenderness. He reached an impression of shortness of breath 5 without clear etiology, and recommended hydration, nephrology consultation, ECG, echocardiogram, and a cardiac stress test. He ordered the echocardiogram and stress test at 17:42. 25. On April 6, 2006, at 19:50, while attempting to stand to urinate, according to nursing notes, Mr. Haley became rapidly short of breath, red-faced, sweaty, pale with decreased oxygen saturation. His blood pressure was recorded at 112/90, with heart rate up to 143. A stat ECG was done, which demonstrated sinus tachycardia at 134, a right axis deviation, and poor R-wave progression. Of note, the right axis deviation was not present on ECG tracings from February 8, 2001, or February 21, 1989. Nursing notes indicate that Decedent was "back to normal" baseline within 3-5 minutes. 26. A urologist, at 06:45 on April 7, 2006 noted in the record that Decedent refused to go to the stress test because of dyspnea, and an inability to lie flat. At 09:00, a nursing note documents that the oxygen saturation was 87% when standing, and that Decedent became dyspneic with exertion. 27. A nephrologist on April 7, 2006 lists an impression of volume overload and leg edema; nursing notes later record dyspnea with exertion and dusky legs bilaterally. 28. An echocardiogram taken later on April 7, 2006 demonstrated septal flattening consistent with pulmonary hypertension and enlargement of the right heart chambers; the impression of the radiologist was pulmonary hypertension. 29. On April 7, 2006, a nursing note documents, at 16:00, oxygen saturation of 86% on 7 liters, nasal cannula supplemental oxygen. Dr. Schreiber was called, and a non-rebreather mask was placed with increase in oxygen saturation to 94%. 6 30. On April 7, 2006, Dr. Schreiber saw Decedent again at 15:70 when he noted that Mr. Haley was not able to lie flat. On exam, he found Decent to be afebrile, with pulse 114, respirations 26, blood pressure 123/78, and oxygen saturation 91%. The heart was indicated as normal, lungs clear, and there is no appreciation of edema or calf tenderness. Dr. Schreiber listed labs, including a white count of 14,400, creatine 2.0, ferriein 411, and iron saturation 20%. Dr. Schreiber's impression was noted as chronic inflammatory state, CRF improved, increased white blood count, cysteine stone, chronic venous status. He indicated, for the first time in the record, that "VTE prophylaxis is needed." 31. On April 7, 2006, at approximately 16:35, Mr. Haley was intubated, and a code note indicates electromechanical disassociation. Mr. Haley was pronounced dead at 16:48. Autopsy demonstrated a pulmonary embolus and large spleen. 32. Several days after the death of her husband, Plaintiff wife received a telephone call from Dr. Belis. He remarked, in this call, that everything possible had been done medically for Mr. Haley, including treating him with Heparin to prevent a blood clot. When Mrs. Haley responded that her husband had never been prescribed Heparin, Dr. Belis abruptly ended the call. FIRST CAUSE OF ACTION WRONGFUL DEATH CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 33. Paragraphs 1 through 32 above are incorporated herein by reference. 7 34. That Defendants named above are jointly and severally liable for damages as set forth herein. 35. That Plaintiff brings this action for the wrongful death of the decedent on behalf of all persons entitled to recover damages therefore under and by virtue of the Act 1976, July 9, P.S. 586 No. 142, Section 2,42 Pa. S.C.S.A. §8301. 36. That the following are the names of all persons entitled by law to recover damages for such wrongful death and the relationship to decedent: Cathy L. Haley, Wife Caitlin Haley, Daughter Michael Haley, Son SECOND CAUSE OF ACTION SURVIVAL ACTION CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, Deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 37. Paragraphs 1 through 36 above are incorporated herein by reference. 38. That the above-named Defendants are jointly and severally liable for damages as set forth herein. 39. That Plaintiff brings this action on behalf of the Estate of Michael Haley, Deceased, under and by virtue of the Act of 1976, July 9, P.S. 586 No. 142, Section 2, 42 Pa. S.C.S.A. §8302. 40. That the Plaintiffs aver that the Estate has incurred a loss and a claim is therefore asserted for the pain and suffering Decedent underwent prior to his death, loss of Decedent's earnings and earning power for Decedent's life expectancy and for all other damages sustained by said Decedent. COUNTI ESTATE OF MICHAEL HALEY VS AMY FAJARDO, M.D. NEGLIGENCE 41. The averments contained in paragraphs 1-40 are hereby incorporated by reference. 42. At a portion of the time relevant to the subject matter of this Complaint, Decedent Michael Haley was a patient of Dr. Fajardo, receiving care and treatment based on her specialty as an Emergency Department physician. 43. That the Defendant, Dr. Fajardo, was negligent and careless in the medical treatment provided to Decedent in that she: a. Failed to suspect the probability of pulmonary embolus as the cause of Decedent's shortness of breath; b. Failed to order further testing to rule out pulmonary embolus, despite Decedent's numerous risk factors; C. Failed to realize the inadequacies and limitations of the VQ scan as a reliable indicator of pulmonary embolism; d. Failed to accord the proper significance to the interpretation of the VQ scan, with a recognition that the results of the scan did not rule out a pulmonary embolism; e. Failed to arrive at a competent diagnostic appraisal of the breathlessness and chest pain which were Decedent's reasons for presentation; 9 f. Failed to refer Decedent urgently to an internist and/or pulmonologist, or, in the alternative, to admit him to the hospital; g. Failed to appreciate Decedent's increased risk of complications and increased risk of death due to possible pulmonary embolism; and h. Failed to diagnose pulmonary embolism, which delayed treatment for this condition. 44. That as a result of Dr. Fajardo's negligent conduct as described in the preceding paragraph of this Complaint, Decedent received no diagnosis or treatment for his dyspnea during his emergency visit of March 29, 2006. 45. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff suffered unnecessary and preventable medical complications in association with his continuing pulmonary embolism and dyspnea, as noted in the records which followed, until his death on April 7, 2006 46. That as a result of Dr. Faj ardo's negligent conduct as described in paragraph 43 above, Plaintiff s decedent was exposed to the risk of premature death from complications, which risk did, in fact, materialize. 47. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff s decedent, was caused to sustain pain, suffering, inconvenience, emotional distress, loss of life's pleasures, and, eventually, premature death. 48. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff s decedent was caused to incur additional medical expenses. 10 49. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff incurred expenses associated with the funeral and burial of the decedent. WHEREFORE, Plaintiffs demand judgment against the Defendant, Dr. Fajardo for a sum in excess of $50,000.00, together with interest and costs. COUNT H ESTATE OF MICHAEL HALEY V. HOLY SPIRIT HOSPITAL VICARIOUS NEGLIGENCE 50. The averments contained in paragraphs 1-49 are hereby incorporated by reference. 51. At all times relevant to the subject matter of this Complaint, Dr. Fajardo was acting as an employee and/or ostensible agent of Defendant Holy Spirit Hospital. 52. At all times material hereto, Dr. Fajardo was acting within the course and scope of Holy Spirit Hospital her employment with Holy Spirit Hospital. 53. Defendant Holy Spirit Hospital, acting by and through its agents and/or employee, specifically Dr. Fajardo, was negligent as set forth in the preceding paragraphs of Plaintiffs Complaint. 54. Defendant Holy Spirit Hospital is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff's Complaint. 55. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Holy Spirit Hospital in an amount in excess of $50,000, together with interest and costs. 11 COUNT III ESTATE OF MICHAEL HALEY VS JOHN A. BELIS, M.D. NEGLIGENCE 56. The averments in paragraphs 1 through 55 are hereby incorporated by reference. 57. That the Defendant, Dr. Belis, was negligent in his treatment of Decedent in that he: a. Failed to appreciate the clinical symptoms suggestive of pulmonary embolus from March 30, 2006 until the time of Decedent's death on April 7, 2006; b. Failed to suspect or promptly order tests and/or prophylactic treatment for pulmonary embolism in view of the numerous risk factors associated with Decedent's presentation; C. Failed to diagnose pulmonary embolism; and d. Failed to communicate with and refer to consulting physicians on a timely basis concerning this patient's increased risks associated with his co- morbid conditions, so that Decedent's care could be coordinated. 58. That as a result of Dr. Belis' conduct as described in the preceding paragraphs of this Complaint, Decedent was exposed to the risks of ongoing and untreated pulmonary embolism, which did, in fact, occur. 59. That as a result of Dr. Belis' conduct as described in the preceding paragraphs above, decedent, through development of the continued pulmonary embolism, encountered an increased risk of hypoxemia and death. 12 60. That as a result of Defendant's conduct as described in paragraphs above, decedent suffered ongoing dyspnea, which ultimately ended in his death. WHEREFORE, the Plaintiff demands judgment against John Belis, M.D. in an amount in excess of $50,000 together with interest and costs. COUNT IV ESTATE OF MICHAEL HALEY VS MID PENN UROLOGY, INC. VICARIOUS NEGLIGENCE 61. The averments contained in paragraphs 1-60 are hereby incorporated by reference. 62. At all times relevant to the subject matter of this Complaint, Dr. Belis was acting as an employee and/or ostensible agent of Defendant Mid Penn Urology, Inc. 63. At all times material hereto, Dr. Belis was acting within the course and scope of his employment with Mid Penn Urology, Inc. 64. Defendant Mid Penn Urology, Inc., acting by and through its agents and/or employee, specifically Dr. Belis, was negligent as set forth in the preceding paragraphs of Plaintiffs Complaint. 65. Defendant Mid Penn Urology, Inc., is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff s Complaint. 66. As a direct and proximate result of the negligence of Defendant Mid Penn Urology, Inc., Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Mid Penn Urology, Inc. in an amount in excess of $50,000, together with interest and costs. 13 COUNT V ESTATE OF MICHAEL HALEY VS RICHARD SCHREIBER, M.D. NEGLIGENCE 67. The averments in paragraphs 1 through 66 are hereby incorporated by reference. 68. That the Defendant, Dr. Schreiber, was negligent in his treatment of Decedent in that he: a. Failed to diagnose the clinical symptoms suggestive of pulmonary embolism when Decedent presented to him on April 6, 2006; b. Failed to suspect or promptly order tests and/or prophylactic treatment for pulmonary embolism in view of the numerous risk factors associated with Decedent's presentation; C. Failed to appreciate the limitations of the "low probability" for pulmonary embolism results from the VQ scan, despite Decedent's risk factors; d. Failed to understand that the VQ scan previously conducted did not rule out the presence of pulmonary embolism; e. Failed to urgently collaborate and communicate with other physicians in the face of the extreme and recent onset dyspnea; f. Failed to initiate empiric treatment for pulmonary embolism in a timely fashion; and g. Failed to diagnose pulmonary embolism, which caused a significant and costly delay in treatment for this condition. 69. That as a result of Dr. Schreiber's conduct as described in the preceding paragraphs of this Complaint, decedent was exposed to the risks of ongoing and untreated pulmonary embolism, which did, in fact, occur. 14 70. That as a result of Dr. Schreiber's conduct as described in the preceding paragraphs above, decedent, through development of the continued pulmonary embolism, encountered an increased risk of hypoxemia and death. 71. That as a result of Defendant's conduct as described in paragraphs above, decedent suffered ongoing dyspnea, which ultimately ended in his death. WHEREFORE, the Plaintiff, demands judgment against Richard Schreiber, M.D. in an amount in excess of $50,000 together with interest and costs. COUNT VI ESTATE OF MICHAEL HALEY VS INTERNISTS OF CENTRAL PENNSYLVANIA, LTD VICARIOUS NEGLIGENCE 72. The averments contained in paragraphs 1-71 are hereby incorporated by reference. 73. At all times relevant to the subject matter of this Complaint, Dr. Schreiber was acting as an employee and/or ostensible agent of Defendant Internists of Central Pennsylvania, Ltd. 74. At all times material hereto, Dr. Schreiber was acting within the course and scope of his employment with Defendant Internists of Central Pennsylvania, Ltd. 75. Defendant Internists of Central Pennsylvania, Ltd., acting by and through its agents and/or employee, specifically Dr. Schreiber, was negligent as set forth in the preceding paragraphs of Plaintiff's Complaint. 76. Defendant Internists of Central Pennsylvania, Ltd. is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiffs Complaint. 15 77. As a direct and proximate result of the negligence of Defendant Internists of Central Pennsylvania, Ltd., Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiffs Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Internists of Central Pennsylvania, Ltd., in an amount in excess of $50,000, together with interest and costs. COUNT VII CATHY HALEY VS AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants LOSS OF CONSORTIUM 78. That as a result or Defendants' negligent conduct as noted above, Plaintiff/wife has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiff demands judgment against Defendants Amy Fajardo, M.D., Holy Spirit Hospital, John A. Belis, M.D., Mid Penn Urology, Inc., Richard Schreiber, M.S., and Internists of Central Pennsylvania, Ltd., Defendants in an amount in excess of $50,000, together with interest and costs. By: Apr ' L. Strang-K uire 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Date: Attorney for Plaintiffs GOLDBERG KATZMAN, P.C. C:?? L<?? ID#: 46728 16 VERIFICATION I, April L. Strang-Kutay, Esquire, hereby acknowledge that I am the attorney for Plaintiff; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Plaintiff's Verification is unavailable at present, but will be filed with the Court when it becomes available. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: Slag log, April . Strang- to uire Attorney I.D. No. 46728 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: ' _no Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as : Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO AMY FAJARDO, M.D. I, April L. Strang-Kutay, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed 4 professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: d? 8 0 8 Apnl L. rang-Ku , squi CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the '?& day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16'h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Irl " L. By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire -TI ?Y_ r[ y I _. ?7 77 k GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO RICHARD SCHREIBER, M.D. , April L. Strang-Kutay, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 4( 13 a Y Aril L. Strar? uire CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at , Lancaster, Pennsylvania, with first-class postage prepaid on the day of OAt"It 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: 2x 6 ?_' Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire rr? 4-.. ?j °il i... C:?.J ..- t („ `1 _ ? f`? ..?- f a r? .- , i_- GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL I, April L. Strang-Kutay, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR lB the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: iw ° r /?- April . Strang-Kutay, E e CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day o , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 1 r By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire ("1 r-a c,a i ? , .,, .-a _ .. ,. c_ '?? ?,_..;-; ,..t : -?_ _.. ` , ... ti t ; . i --Y-? -4 ': < ' 01 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs : V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants PRAECIPE TO THE PROTHONOTARY: Please substitute the Attorney's Verification attached to Plaintiffs' Complaint with the attached Verification signed by the Plaintiff. Thank you. GOLDBERG KATZMAN, P.C. By: ?-?- April L Strang-Kutay, squire ID#: 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs Date: (? ? r? VERIFICATION I, Cathy Haley, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the q'A' day of (?M 4 , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: Glen a J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire f?, ?? ? cr3 ? :. .,,,., r"? ?..a G ,? ? ? j t'' ?t?: -? THOMAS, THOMAS & HAPER, LLP Evan Black, Esquire Attorney I.D. 17884 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc. CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1982 CIVIL ACTION -LAW JURY TRIAL DEMANDED AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL. LIABILITY CLAIM TO: Cathy L. Haley, Plaintiff c/o April Strang-Kutay, Esquire Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, 1 intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not file as required by Rule 1042.3. I am serving this notice on behalf of Defendants John A. Belis, M.D. and Urology of Central PA, incorrectly identified as Mid Penn Urology, Inc. The judgment of non pros will be entered as to all claims against Defendants John A. Belis, M.D. and Urology of Central PA, incorrectly identified as Mid Penn Urology, Inc. Respectfully submitted, THOMAS, THOMASk11AFER, LLP Dated: June 30, 2008 Evan B1ac2f1,Fscj'ire I.D. #17884 Hugh P. O'Neill, Esquire I.D. #69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants John A. Belis, M.D. and Urology of Central PA, incorrectly identified as Mid Penn Urology, Inc. 2 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 doctiment(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: April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Attorneys for Plaintiff Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorneys for Defendants Amy Fajardo, M.D. and Holy Spirit Hospital Michael D. Pipa, Esquire Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16th Floor Harrisburg, PA 17101 Attorneys for Richard Schreiber, M.D. and Internists of Central PA THOMA THOMAS & HAFER, L Wendy RhAdes Dated: June 30, 2008 C`7 c? r `3 r.- CA) 9€Yi r!ti • GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. . No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO JOHN A BELIS I, Michael F. Socha, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date:--7/ , O?K ' Michael F. Socha, Esquire ti CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ?.A day of 3U 1-7 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: Michael F. Socha, Esquire I.D. No. ?voiW :x;? ?- ? cs? a 4 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants CERTIFICATE OF MERIT AS TO MID PENN UROLOGY. INC. I, Michael F. Socha, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; AND/OR 1(? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed t professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 7b / 0y, Michael F. Socha, Esquire k-I L CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the )-r•.04 day of TV 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16" floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By. Michael F. Socha, Esquire I.D. No. ?L 0 0 1 ffr- w ? e-n CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-1982 : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed new matter within twenty (20) days from service hereof or a judgment may be entered against you. STE & L Date: August 4, 2008 YEN By R?M es W. Saxton Attorney I.D. #36815 Michael D. Pipa Attorney I.D. #53624 Larry B. Selkowitz Attorney I.D. #16276 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7354 (717) 234-1099 (Facsimile) lbs@stevenslee.com Attorneys for Richard Schreiber, M.D. and Internists of Central PA S L l 822031 v 1 /041199.003 23 CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1982 JURY TRIAL DEMANDED DEFENDANT ANSWER WITH NEW MATTER Defendants Richard Schreiber and Internists of Central Pennsylvania, by their undersigned counsel, hereby respond to Plaintiff's Complaint as follows: 1. Admitted 2. The averments of this paragraph pertain to parties other than answering defendants, therefore no response is required. 3. The averments of this paragraph pertain to parties other than answering defendants, therefore no response is required. 4. The averments of this paragraph pertain to parties other than answering defendants, therefore no response is required. 5. The averments of this paragraph pertain to parties other than answering defendants, therefore no response is required. 2 S L l 822031 v 1 /041199.00323 6. Admitted. 7. Admitted. 8. It is admitted that plaintiff has averred that this is a professional liability action. It is denied that any such cause of action exists against answering defendants. 9. The allegation of this paragraph appear to relate to medical treatment and care, the facts of which are recorded in the appropriate and related medical records. Those records are in writing and speak for themselves, and the contents of all relevant medical records are incorporated herein by reference. To the extent that the allegations of this paragraph are inconsistent or in conflict with the contents of the appropriate medical records, those allegations are denied pursuant to Pa. R.C.P. No. 1029(e). 10. The response to paragraph 9 is incorporated herein by reference. 11. The response to paragraph 9 is incorporated herein by reference. 12. The response to paragraph 9 is incorporated herein by reference. 13. The response to paragraph 9 is incorporated herein by reference. 14. The response to paragraph 9 is incorporated herein by reference. 15. The response to paragraph 9 is incorporated herein by reference. 16. The response to paragraph 9 is incorporated herein by reference. 17. The response to paragraph 9 is incorporated herein by reference. 18. The response to paragraph 9 is incorporated herein by reference. 19. The response to paragraph 9 is incorporated herein by reference. 3 S L l 822031 v 1 /041199.00323 20. Denied. After reasonable investigation, answering defendants lack sufficient information by which to determine the accuracy of the averments herein, and strict proof thereof is demanded at trial. 21. The response to paragraph 9 is incorporated herein by reference. 22. The response to paragraph 9 is incorporated herein by reference. 23. The response to paragraph 9 is incorporated herein by reference. 24. The response to paragraph 9 is incorporated herein by reference. 25. The response to paragraph 9 is incorporated herein by reference. 26. The response to paragraph 9 is incorporated herein by reference. 27. The response to paragraph 9 is incorporated herein by reference. 28. The response to paragraph 9 is incorporated herein by reference. 29. The response to paragraph 9 is incorporated herein by reference. 30. The response to paragraph 9 is incorporated herein by reference. 31. The response to paragraph 9 is incorporated herein by reference. 32. Denied. After reasonable investigation, answering defendants lack sufficient information by wh ich to determine the accuracy of the averments herein, and strict proof thereof is demanded at trial. First Cause of Action Wrongful Death Haley v. All Defendants 33. The responses to paragraphs 1 through 32 above are included herein by reference. 4 S L l 822031 v 1 /041199.003 23 34. The averments of this paragraph are denied as a conclusion of law to which no response is required. They are further denied in that Internists of Central Pennsylvania is alleged to be responsible for the actions of Dr. Schreiber based on the principle of respondeat superior or vicarious negligence. (Complaint Count VI). In such a circumstance, Internists of Central Pennsylvania is not jointly and severally liable with any defendant. 35. Admitted that plaintiff so avers. 36. Denied. After reasonable investigation, answering defendants lack sufficient information by which to determine the accuracy of the averments herein, and strict proof thereof is demanded at trial. Second Cause of Action Survival Action Haley v. All Defendants 37. The responses to paragraphs 1 through 36 are included herein by reference. 38. The averments of this paragraph are denied as a conclusion of law to which no response is required. They are further denied in that Internists of Central Pennsylvania is alleged to be responsible for the actions of Dr. Schreiber based on the principle of respondeat superior or vicarious negligence. (Complaint Count VI). In such a circumstance, Internists of Central Pennsylvania is not jointly and severally liable with any defendant. 39. Admitted that plaintiff so avers. 40. Denied as a conclusion of law to which no response is required. To the extent that any averments herein should be determined to be ones of fact, they are denied pursuant to Pa. R.C.P. 1029(e). 5 S L l 822031 v l /041199.003 23 Count I Estate of Haley v. Fajardo, M.D. Negligence 41. The responses to paragraphs 1 through 40 are included herein by reference. 42. through 49. The averments of these paragraphs pertain to a party other than answering defendants. Therefore, no response is required. Should any averment of fact therein be determined to relate to answering defendants, said averments are denied pursuant to Pa. R.C.P. 1029(e). Count II Estate of Haley v. Holy Spirit Hospital Vicarious Negligence 50. The responses to paragraphs 1 through 49 are included herein by reference. 51. through 55. The averments of these paragraphs pertain to a party other than answering defendants. Therefore, no response is required. Should any averment of fact therein be determined to relate to answering defendants, said averments are denied pursuant to Pa. R.C.P. 1029(e). Count III Estate of Haley v. John A. Belis, M.D. Negligence 56. The responses to paragraphs 1 through 55 are included herein by reference. 57. through 60. The averments of these paragraphs pertain to a party other than answering defendants. Therefore, no response is required. Should any averment of fact therein be determined to relate to answering defendants, said averments are denied pursuant to Pa. R.C.P. 1029(e). 6 S L l 822031 v 1 /041199.003 23 Count IV Estate of Haley v. Mid Penn Urology Vicarious Negligence 61. The responses to paragraphs 1 through 60 are included herein by reference 62. through 66. The averments of these paragraphs pertain to a party other than answering defendants. Therefore, no response is required. Should any averment of fact therein be determined to relate to answering defendants, said averments are denied pursuant to Pa. R.C.P. 1029(e). Count V Estate of Haley v. Richard Schreiber, M.D. Negligence 67. The responses to paragraphs 1 through 66 are included herein by reference 68. The averments of paragraph 68 and its subparts a through g are denied pursuant to Pa. R.C.P. 1029. In further response, all of the treatment provided to Michael Haley by Dr. Schreiber was consistent with the applicable standard of care. 69. The averments of this paragraph state conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Pa. R.C.P. 0129(e). 70. The averments of this paragraph state conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Pa. R.C.P. 0129(e). 71. The averments of this paragraph state conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Pa. R.C.P. 0129(e). 7 SLl 822031 vl/041199.00323 WHEREFORE, defendant Richard Schreiber, M.D. demands judgment in his favor as against plaintiff and respectfully requests that Count V herein be dismissed with prejudice. Count VI Haley v. Internists of Central Pennsylvania, Ltd. Vicarious Neilizence 72. The responses to paragraphs 1 through 71 are included herein by reference. 73. Admitted. 74. Admitted. 75. The averments of this paragraph are denied as a conclusion of law to which no response is required. By way of further response, please see paragraph 68 above which is included herein by reference. 76. The averments of this Paragraph are denied as a conclusion of law to which no response is required. By way of further response, please see paragraph 68 above which is included herein by reference. 77. The averments of this paragraph are denied as a conclusion of law to which no response is required. By way of further response, please see paragraph 68 above which is included herein by reference. WHEREFORE, Defendant Internists of Central Pennsylvania, Ltd. demands judgment in its favor as against Plaintiff and respectfully requests that Count VI herein be dismissed with prejudice. 8 SL I 822031 v 1 /041199.00323 Count VII Haley v. All Defendants' Loss of Consortium 78. The averments of this paragraph are denied as conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, answering Defendants demand judgment in their favor as against Plaintiff and respectfully requests that Count VII herein be dismissed with prejudice. NEW MATTER 79. Plaintiffs have failed to state a claim upon which relief may be granted. 80. Plaintiff's injuries were the result of natural or unknown causes and not the result of action or inaction on the part of answering defendants. 81. No conduct on the part of the answering defendants was a substantial factor causing or contributing to the plaintiff's claimed injuries. 82. If the plaintiff suffered any damages, those damages were caused by the conduct of others over whom the answering defendants had neither control nor right of control. 83. Plaintiff's injuries, if any, are the result of pre-existing medical conditions and causes beyond the control of the answering defendants. 84. The injuries and damages claimed, if any, are the result of superseding and intervening causes. 85. Plaintiff's are barred in whole or in part by the MCARE Act, Act 13 of 2002, or the Health Care Services Malpractice Act, 40 P.S. § 1301 and the answering defendants hereby raise all affirmative defenses and other applicable provisions of both Acts. 9 SLl 822031v]/041199.00323 86. To the extent that Dr. Schreiber elected a treatment modality that is recognized as proper but may differ from another appropriate treatment modality the answering defendants raise the "two schools of thought" defense. 87. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. 88. Plaintiff's causes of action are barred in whole or reduced in part by the applicable doctrines of assumption of risk, comparative negligence, contributory negligence or some combination of the three. Respectfully submitted, STEVENS & LEE Date: August 4, 2008 D - By g? , ? jQatS??k James W. Saxton Attorney I.D. #36815 Michael D. Pipa Attorney I.D. #53624 Larry B. Selkowitz Attorney I.D. #16276 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7354 (717) 234-1099 (Facsimile) lbs@stevenslee.com Attorneys for Richard Schreiber, M.D. and Internists of Central PA 10 S L 1 822031 y r /041199.003 23 VERIFICATION I, RICHARD SCHREIBER, M.D., verify that I am the Defendant in the within action; that the attached Answer with New Matter is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. J ;?? Date: T 292008 '/ Richard Schreiber SL1 822031 vl/041199.00323 VERIFICATION I, Kevin Leitzel, verify that I am Practice Administrator, Internists of Central PA a Defendant in the within action; that the attached Answer with New Matter is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. "VW Ub Date: June ', 2008 S L l 822031 v l /041199.00323 CERTIFICATE OF SERVICE I, LARRY B. SELKOWITZ, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing Answer with New Matter upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Evan Black, Esquire Thomas, Thomas & Hafer 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 Larry . §elkowitz Date: August 4, 2008 SL 1822031 v 1 /041199.00323 ?; ,-- ?,__ -; - ? - ?. - t ; ? _ . ,< : y _. ., ... ? _. ?? THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney I.D. No. 69986 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc. CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 08-1982 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: August 6, 2008 Respectfully submitted, f. THOMAS, H AS & HAFER, LLP Evan B , Esquire I.D. #17884 Hugh P. O'Neill, Esquire I.D. #69986 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendants John A. Belis, M.D. and Mid Penn Urology, Inc CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-1982 V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF JOHN A. BELIS M.D. AND MID PENN UROLOGY INC. TO PLAINTIFF'S COMPLAINT AND NOW comes Answering Defendants by and through their counsel, Thomas, Thomas & Hafer, LLP, who hereby respond to Plaintiff s Complaint as if set forth herein at length. L-3. Denied after reasonable investigation. Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained therein. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 4. Admitted. 5. Denied as stated. Rather Mid Penn Urology is currently known as Urology of Central Pennsylvania. 6.-7. Denied after reasonable investigation. Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained therein. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. STATEMENT OF LIABILITY 8. The corresponding paragraph of Plaintiff's Complaint is not an averment of fact to which a response is required, but rather a statement of law. All allegations are placed at issue and strict proof thereof is demanded at time of trial. STATEMENT OF FACTS 9.-31. Denied. To the contrary, the medical records regarding Plaintiff's decedent, Michael Haley, speak for themselves. However, to the extent the averments contained in Plaintiff's Complaint conflict with the medical records, said allegations are further specifically denied. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 32. Admitted in part, denied in part. It is only admitted that after the death of Husband Plaintiff, Dr. Belis called Wife Plaintiff to express his condolences as Husband Plaintiff had been a patient of Dr. Belis's for a period of time. The remaining allegations and characterization of the contents of this telephone call are specifically denied. By way of further response, all allegations are generally denied pursuant to 2 Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. FIRST CAUSE OF ACTION WRONGFUL DEATH CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, decease, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D. MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 33. Answering Defendants incorporate their responses to Plaintiff's Complaint, paragraphs 1 - 32 as if set forth herein at length. 34.-36. Denied. Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the identity of those that may recover under the Wrongful Death Act of the Commonwealth of Pennsylvania. Moreover, all allegations are denied as conclusions of law and are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations of negligence and causation on the part of Answering Defendants are specifically denied as Answering Defendants acted with the requisite standard of care at all times relevant. All allegations are placed at issue and strict proof thereof is demanded at time of trial. SECOND CAUSE OF ACTION SURVIVAL ACTION CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, decease, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D. MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 37. Answering Defendants incorporate their responses to Plaintiff's Complaint, paragraphs 1 - 36 as if set forth herein at length. 3 38. Denied. All allegations of liability on the part of Answering Defendants are specifically denied as Answering Defendants acted with the requisite standard of care at all times relevant. Moreover, all allegations are denied as conclusions of law and generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 39.40. Denied. The allegations contained in the corresponding paragraphs of Plaintiff's Complaint constitute conclusions of law and are denied as such. All allegations are further generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. COUNTI ESTATE OF MICHAEL HALEY VS AMY FAJARDO, M.D. NEGLIGENCE 41.49. Denied. Answering Defendants incorporate their responses to paragraphs 1 - 40 of Plaintiffs Complaint as if set forth herein at length. Moreover, the allegations contained in this Count are directed to a party other than Answering Defendants. Accordingly, no response is deemed required. However, to the extent a response is deemed required, all allegations are denied as conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. COUNT II ESTATE OF MICHAEL HALEY VS HOLY SPIRIT HOSPITAL VICARIOUS LIABILITY 50.-55. Denied. Answering Defendants incorporate their responses to paragraphs 1 - 49 of Plaintiffs Complaint as if set forth herein at length. Moreover, the allegations contained in this 4 Count are directed to a party other than Answering Defendants. Accordingly, no response is deemed required. However, to the extent a response is deemed required, all allegations are denied as conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. COUNT III ESTATE OF MICHAEL HALEY VS JOHN A. BELIS, M.D. NEGLIGENCE 56. Answering Defendant incorporates his responses to paragraphs 1 - 55 of Plaintiff's Complaint as if set forth herein at length. 57. Denied. All allegations of negligence as set forth in subparagraphs a. - d. are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all said allegations are denied as conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 58.-60. Denied. All allegations of negligence against Answering Defendant are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendant demands judgment in his favor and against all other parties together with costs. 5 COUNT IV ESTATE OF MICHAEL HALEY VS MID PENN UROLOGY, INC. VICARIOUS NEGLIGENCE 61. Answering Defendant incorporates its responses to paragraphs 1 - 60 of Plaintiff's Complaint as if set forth herein at length. 62. Denied. All allegations of employment and ostensible agency on the part of Mid Penn Urology, Inc., currently known as Urology of Central Pennsylvania, is specifically denied. To the contrary, at all times relevant, Dr. Belis was a shareholder of the entity then known as Mid Penn Urology, Inc., currently known as Urology of Central Pennsylvania. Moreover, all allegations are denied as conclusions of law. 63. Admitted. Moreover, all allegations are denied as conclusions of law. 64. Denied. All allegations of agency and employment are specifically denied. To the contrary, at all times relevant, Dr. Belis was a shareholder of the entity then known as Mid Penn Urology, Inc., currently known as Urology of Central Pennsylvania. Moreover, all allegations are denied as conclusions of law. All allegations are placed at issue and strict proof thereof is demanded at time of trial. 65.-66. Denied. All negligence on the part of Answering Defendant is specifically denied as Defendant Belis acted with the requisite standard of care at all times relevant. Moreover, all allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations constitute conclusions of law and are denied as such. All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendant demands judgment in its favor and against all other parties together with costs. 6 COUNT V ESTATE OF MICHAEL HALEY VS RICHARD SCHREIBER, M.D. NEGLIGENCE 67.-71. Denied. Answering Defendants incorporate their responses to paragraphs 1 - 66 of Plaintiff's Complaint as if set forth herein at length. Moreover, the allegations contained in this Count are directed to a party other than Answering Defendants. Accordingly, no response is deemed required. However, to the extent a response is deemed required, all allegations are denied as conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. COUNT VI ESTATE OF MICHAEL HALEY VS INTERNISTS OF CENTRAL PENNSYLVANIA, LTD. VICARIOUS NEGLIGENCE 72.-77. Denied. Answering Defendants incorporate their responses to paragraphs 1 - 71 of Plaintiff's Complaint as if set forth herein at length. Moreover, the allegations contained in this Count are directed to a party other than Answering Defendants. Accordingly, no response is deemed required. However, to the extent a response is deemed required, all allegations are denied as conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. 7 COUNT VII CATHY HALEY VS AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants LOSS OF CONSORTIUM 78. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained in the corresponding paragraph of Plaintiff's Complaint. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e). By way of further response, all allegations constitute conclusions of law and are denied as such. Moreover, all allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor and against all other parties together with costs. NEW MATTER 79. Answering Defendants' responses to Paragraphs 1-78 of Plaintiff's Complaint are incorporated as if set forth herein at length. 80. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 81. Plaintiff's claims may be barred by the applicable statute of limitations 42 Pa. C.S.A. §5524. 82. Answering Defendants were at no time relevant to the within cause of action negligent or careless. 83. Any acts or omissions of Answering Defendants alleged to constitute negligence and/or carelessness and/or malpractice were not the substantial causes or factors of the subject incident and/or did not result in any incident or injuries alleged by Plaintiff. 8 84. Plaintiff may have assumed the risk of medical treatment rendered. 85. Plaintiffs claims may be barred, limited or reduced by the Pennsylvania Comparative Act, 42 Pa. C.S.A. §7102. 86. If the Plaintiff sustained injuries or damages or alleged, said allegations being specifically denied, said injuries were caused by Plaintiffs failure to exercise reasonable care under the circumstances and, therefore, Plaintiffs claims are barred or reduced by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 87. If Plaintiff suffered injuries as alleged, such allegations being specifically denied, Plaintiffs injuries were caused by persons, entities, occurrences, instrumentalities or events unrelated to and not under the control of Answering Defendants. 88. Answering Defendants are entitled to and assert all defenses on limitations and damages which are available to it under the Health Care Services Malpractice Act, 40 Pa. C.S.A. §1301.1.01. et seq. 89. Answering Defendants at all times material hereto, acted in a careful, reasonable, and prudent manner consistent with the required standard of care. 90. Answering Defendants are entitled to and incorporate herein by reference the defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660. 91. The injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendants. 92. Any care and/or treatment which may have been provided by Answering Defendants was at all times, reasonable, proper, appropriate and conformed to the standard of care. 9 93. Pa. R.C.P. 238 for delay damages is inapplicable under the facts of the present case and is unconstitutional and in violation of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. 94. Plaintiff may have entered into a release, discharging Answering Defendants from any liability whatsoever in this matter. 95. Plaintiff's claims, the existence of which is specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. 96. At all times relevant hereto, Answering Defendants acted within and followed the precepts of a school of thought followed by a considerable number of qualified and well respected specialists in the field and, accordingly, their professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 97. In the event that it is determined that Answering Defendants were negligent with regard to any of the allegations contained in and with respect to the Plaintiff's Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendants and over whom said Answering Defendants had no control, right of control, or responsibility and, therefore, Answering Defendants are not liable. 98. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing 10 condition of the Plaintiff, then the conduct of Answering Defendants was not the legal cause of such conditions or injuries. 99. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (M'Care) Act a/k/a Act 13 of 2002 as a limit/bar to Plaintiff's claims. 100. Insofar as Answering Defendants or any person for whom they are or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ from another appropriate treatment modality, then Answering Defendants raise the " two schools of thought" defense. WHEREFORE, Answering Defendants deny any and all liability to any party whatsoever, demand that the case be dismissed with prejudice, and that judgment be entered in their favor. Respectfully submitted, THOMAS, THOMAS AFER, LLP r Dated: August 6, 2008 Ev B , Esquire I.D. #17884 Hugh P. O'Neill, Esquire I.D. #69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants John A. Belis, M.D. and Urology of Central Pennsylvania, incorrectly identified as Mid Penn Urology, Inc. 11 VERIFICATION I, John A. Belis, M.D., have read the foregoing which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Dated: ?" _ D8 \ Jo . Belis, M. 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: April Strang-Kutay, Esquire Goldberg Katzman, PC 600-A Eden Road Lancaster, PA 17601 Attorneys for Plaintiff Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorneys for Defendants Amy Fajardo, M.D. and Holy Spirit Hospital Michael D. Pipa, Esquire Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16th Floor Harrisburg, PA 17101 Attorneys for Richard Schreiber, M.D. and Internists of Central PA THOMAS, THOMAS & HAFER, LLP Wendy Rh es Dated: August 6, 2008 610871.1 r.s c:a °Yl c_: co L r 7 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants ANSWER TO NEW MATTER OF DEFENDANT RICHARD SCHREIBER M.D. 79. Denied. 80. Paragraph 80 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 81. Paragraph 81 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 82. Paragraph 82 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 83. Paragraph 83 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 84. Paragraph 84 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 85. Paragraph 85 raises all affirmative defenses and applicable provisions of MCARE Act 13 of 2002, and/or the Health Care Services Malpractice Act, 40 P.S. Section 1301. Plaintiff intends to pursue this matter as entitled under the applicable law. 86. Paragraph 86 raises the two schools of thought defense, which is denied as applicable in accordance with the facts of this matter. 87. Paragraph 87 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 88. Denied. Respectfully submitted, GOLDBERG KATZMAN, P.C. FBy: April L. S ang-Kutay, quire I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (71-7)509-61,41 Attorneys for Plaintiff Date: p/5'/e e CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire sue. GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. : No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants ANSWER TO NEW MATTER OF DEFENDANT JOHN A. BELIS, M.D. AND MID PENN UROLOGY 79. Paragraph 79 requires no response. 80. Paragraph 80 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 81. Paragraph 81 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 82. Paragraph 82 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 83. Paragraph 83 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 84. Denied. 85. Paragraph 85 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 86. Paragraph 86 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. Paragraph 86 raises the two schools of thought defense, which is denied as applicable in accordance with the facts of this matter. 87. Paragraph 87 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 88. Paragraph 88 raises all affirmative defenses and applicable provisions of the Health Care Services Malpractice Act, 40 Pa. C.S.A. §1301.1.01 et seq. Plaintiff intends to pursue this matter as entitled under the applicable law. 89. Paragraph 89 is denied. 90. Paragraph 90 raises all defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660. Plaintiff intends to pursue this matter as entitled under the applicable law. 91. Denied. 92. Denied. 93. Denied. 94. Denied. 95. Plaintiff intends to pursue this matter as entitled under the applicable law. 96. Paragraph 96 raises the two schools of thought defense. Plaintiff denies that this defense is applicable to the facts of this claim and, to the extent that an answer is necessary, a denial is made. 97. Denied. 98. Denied. 99. Paragraph 99 raises all affirmative defenses and applicable provisions of MCARE Act 13 of 2002. Plaintiff intends to pursue this matter as entitled under the applicable law. 100. Paragraph 100 raises the two schools of thought defense in regard to vicarious liability. To the extent that an answer is deemed necessary, a denial is made. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: /C? April L. S g-Kutay, e I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff Date: f/js/Y' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at -1t1 Lancaster, Pennsylvania, with first-class postage prepaid on the day of Al? , % 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: _ L IL 112A Glen a J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire ?? m ?* N ?3 .? t_; ?"" ? ,,? [ ? ... ;?.'.. ? e=T1 h? y .-Y _.r. ?;t DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY Thomas M. Chairs, Esquire AMY FAJARDO, M.D. AND HOLY SPIRIT ATTORNEY I.D. NO. 78565 HOSPITAL BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax CATHY L. HALEY, INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADMINISTRATRIX OF THE OF CUMBERLAND COUNTY, ESTATE OF MICHAEL J. HALEY, PENNSYLVANIA DECEDENT, Plaintiff NO. 08-1982 MEDICAL MALPRACTICE ACTION V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Cathy L. Haley, Administratrix c/o April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT, HOLY SPIRIT HOSPITAL TO PLAINTIFFS' COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 18, 2008 By: as M. Chairs, Es ire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital 330880 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) ATTORNEY FOR: DEFENDANTS AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, DECEDENT, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1982 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, HOLY SPIRIT HOSPITAL TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Holy Spirit Hospital, ("Answering Defendant"), by and through its attorneys, Dickie, McCamey & Chilcote, P.C. to answer Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. 2. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 3. Admitted with clarification. Answering Defendant is a Pennsylvania non-profit hospital or duly licensed under the laws in the Commonwealth of Pennsylvania, with a principle place of business at North 21" St., Camp Hill, PA 17011. 4. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 5. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 6. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 7. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. STATEMENT OF LIABILITY 8. Admitted in part, denied in part. It is admitted that this is a professional liability action brought against all Defendants pursuant to Pa.R.C.P. 1042.2. It is specifically denied that Plaintiffs' claims against Answering Defendant have any merit whatsoever. At all times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. STATEMENT OF FACTS 9.-32. Denied. The corresponding averments of Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. 1029(e) and as medical and/or legal conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendant was not negligent. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 2 FIRST CAUSE OF ACTION WRONGFUL DEATH CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 33. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 32 above as though fully set forth herein at length. 34. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant specifically denies that it is jointly and severally liable for damages as set forth in Plaintiffs' Complaint. 35. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. 36. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. SECOND CAUSE OF ACTION SURVIVAL ACTION CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, Deceased, Plaintiff V. AMY FAJARDO, M.D. HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 37. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 36 above as though fully set forth herein at length. 3 38. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant specifically denies that it is jointly and severally liable for damages as set forth in Plaintiffs' Complaint. 39. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. 40. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. COUNTI ESTATE OF MICHAEL HALEY VS AMY FAJARDO, M.D. NEGLIGENCE 41. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 40 above as though fully set forth herein at length. 42.49. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT II ESTATE OF MICHAEL HALEY V. HOLY SPIRIT HOSPITAL VICARIOUS NEGLIGENCE 50. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 49 above as though fully set forth herein at length. 4 51. Admitted in part, denied in part. It is admitted that Dr. Fajardo was acting as an employee of Answering Defendant. The remaining allegations contained in this paragraph of Plaintiffs' Complaint are denied and strict proof is demanded at the time of trial. 52. Admitted. 53. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times, Answering Defendant and Dr. Fajardo met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 54. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times Answering Defendant and its agents and/or employees met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 55. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT III ESTATE OF MICHAEL HALEY VS JOHN A. BELIS, M.D. NEGLIGENCE 56. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 55 above as though fully set forth herein at length. 5 57.-60. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to it and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT IV ESTATE OF MICHAEL HALEY VS. MID PENN UROLOGY, INC. VICARIOUS NEGLIGENCE 61. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 60 above as though fully set forth herein at length. 62.-66. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to it and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT V ESTATE OF MICHAEL HALEY VS RICHARD SCHREIBER, M.D. NEGLIGENCE 67. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 66 above as though fully set forth herein at length. 68.-71. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to it and no further 6 answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT VI ESTATE OF MICHAEL HALEY VS INTERNISTS OF CENTRAL PENNSYLVANIA, LTD VICARIOUS NEGLIGENCE 72. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 71 above as though fully set forth herein at length. 73.-77 Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to it and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. COUNT VII CATHY HALEY VS AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., And INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants LOSS OF CONSORTIUM 78. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 7 WHEREFORE, Defendant Holy Spirit Hospital demands judgment in its favor and against Plaintiffs. NEW MATTER 79. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 78 above as though fully set forth herein at length. 80. Plaintiffs have failed to state a claim upon which relief can be granted. 81. Plaintiffs' Decedent is responsible, in whole or in part, for the injuries alleged because Plaintiffs' Decedent voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 82. Nothing Answering Defendant did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs or Plaintiff's Decedent. 83. Plaintiffs' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 84. Plaintiffs' Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 85. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 86. Plaintiffs failed to mitigate any damages allegedly sustained. 87. Plaintiffs' claims and/or request for damages herein are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. 88. Plaintiffs' claims may be barred by the applicable statute of limitations. 8 89. Plaintiffs have failed to plead facts sufficient to toll the applicable statute of limitations. 90. Plaintiffs' cause of action may be barred by the equitable doctrine of laches. 91. To the extent that discovery and/or investigation may reveal, Plaintiffs have granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 92. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 93. Plaintiffs may have entered into a release which has the effect of discharging Answering Defendant from this matter. 94. Upon information and belief, certain of Plaintiffs' Decedent's bills for which Plaintiffs seek to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 95. Plaintiffs shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 96. Plaintiff's claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 97. By way of further answer, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including, without 9 limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiffs in the Complaint. Respectfully submitted, DICKIE, MCCAMEY & CHI)eCPTE, P.C. Date: September 18, 2008 By: Tho as . Chairs, Esquire Supr e Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital 10 PC-175 VERIFICATION I, Franchesca J. Charney, Director, Risk Management, hereby verify that the averments set forth in the Answer with New Matter of Defendant, Holy Spirit Hospital to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. : O Date ?tsl Franchesca J. Charne irector, Risk Management CERTIFICATE OF SERVICE AND NOW, September 18, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Counsel for Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for John A. Belis, M.D. and Mid Penn Urology, Inc.) Thom . Chairs, Esquire N ? -? c:?? ? re 1 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, DECEDENT, Plaintiff ATTORNEY FOR: DEFENDANTS AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1982 MEDICAL MALPRACTICE ACTION V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Cathy L. Haley, Administratrix c/o April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT, AMY FAJARDO, M.D. TO PLAINTIFFS' COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 18, 2008 By: / 14 V- Tho a . Chairs, Esquire Su a Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital 331006 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, DECEDENT, Plaintiff ATTORNEY FOR: DEFENDANTS AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1982 V. MEDICAL MALPRACTICE ACTION AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, AMY M. FAJARDO, M.D., TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Amy M. Fajardo, M.D., ("Dr. Fajardo") by and through her counsel, Dickie, McCamey & Chilcote, P.C. to answer Plaintiffs' Complaint as follows: Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. 2. Admitted. 3. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 4. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 5. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 6. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. 7. The averments contained in this paragraph of Plaintiffs' Complaint refer to another Defendant and no response is required of Answering Defendant. STATEMENT OF LIABILITY 8. Admitted in part, denied in part. It is admitted that this is a professional liability action brought against all Defendants pursuant to Pa.R.C.P. 1042.2. It is specifically denied that Plaintiffs' claims against Answering Defendant have any merit whatsoever. At all times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. STATEMENT OF FACTS 9.-32. Denied. The corresponding averments of Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. 1029(e) and as medical and/or legal conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendant was not negligent. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 2 FIRST CAUSE OF ACTION WRONGFUL DEATH CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 33. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 32 above as though fully set forth herein at length. 34. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant specifically denies that she is jointly and severally liable for damages as set forth in Plaintiffs' Complaint. 35. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. 36. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. SECOND CAUSE OF ACTION SURVIVAL ACTION CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, Deceased, Plaintiff V. AMY FAJARDO, M.D. HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D. and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 37. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 36 above as though fully set forth herein at length. 38. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant specifically denies that she is jointly and severally liable for damages as set forth in Plaintiffs' Complaint. 39. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. 40. Denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that Plaintiffs are entitled to recover damages from Answering Defendant. COUNTI ESTATE OF MICHAEL HALEY VS AMY FAJARDO, M.D. NEGLIGENCE 41. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 40 above as though fully set forth herein at length. 42. Admitted. 43.49. Denied. The corresponding paragraphs and subparagraphs of Plaintiffs' Complaint are denied by operation of Pa.R.C.P. 1029(e) and as medical and/or legal conclusions of law to which no responsive pleading is required. By way of further answer, Dr. Fajardo was not negligent or careless in the medical treatment provided to the decedent. At all relevant times, Dr. Fajardo met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. 4 COUNT II ESTATE OF MICHAEL HALEY V. HOLY SPIRIT HOSPITAL VICARIOUS NEGLIGENCE 50. Answering Defendant hereby incorporates by reference answers contained in paragraphs I through 49 above as though fully set forth herein at length. 51. Admitted in part, denied in part. It is admitted that Dr. Fajardo was acting as an employee of Answering Defendant. The remaining allegations contained in this paragraph of Plaintiffs' Complaint are denied and strict proof is demanded at the time of trial. 52. Admitted. 53. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times, Dr. Fajardo met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 54. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Dr. Fajardo was not negligent. At all relevant times, Dr. Fajardo met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 55. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Dr. Fajardo was not negligent. At all relevant times, Dr. Fajardo met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. 5 COUNT III ESTATE OF MICHAEL HALEY VS JOHN A. BELIS, M.D. NEGLIGENCE 56. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 55 above as though fully set forth herein at length. 57.-60. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to her and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. COUNTIV ESTATE OF MICHAEL HALEY VS. MID PENN UROLOGY, INC. VICARIOUS NEGLIGENCE 61. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 60 above as though fully set forth herein at length. 62.-66. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to her and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. 6 COUNT V ESTATE OF MICHAEL HALEY VS RICHARD SCHREIBER, M.D. NEGLIGENCE 67. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 66 above as though fully set forth herein at length. 68.-71. Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to her and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. COUNT VI ESTATE OF MICHAEL HALEY VS INTERNISTS OF CENTRAL PENNSYLVANIA, LTD VICARIOUS NEGLIGENCE 72. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 71 above as though fully set forth herein at length. 73.-77 Denied. Answering Defendant is advised by counsel and therefore avers that the corresponding averments of Plaintiffs' Complaint do not pertain to her and no further answer is required. To the extent a response is required, the averments are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. 7 COUNT VII CATHY HALEY VS AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., And INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants LOSS OF CONSORTIUM 78. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Answering Defendant was not negligent. At all relevant times Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant Amy Fajardo, M.D. demands judgment in her favor and against Plaintiffs. NEW MATTER 79. Answering Defendant hereby incorporates by reference answers contained in paragraphs 1 through 78 above as though fully set forth herein at length. 80. Plaintiffs have failed to state a claim upon which relief can be granted. 81. Plaintiffs' Decedent is responsible, in whole or in part, for the injuries alleged because Plaintiffs' Decedent voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 82. Nothing Answering Defendant did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs or Plaintiffs Decedent. 83. Plaintiffs' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 8 84. Plaintiffs' Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 85. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 86. Plaintiffs failed to mitigate any damages allegedly sustained. 87. Plaintiffs' claims and/or request for damages herein are limited and/or precluded by the doctrines of res iudicata and/or collateral estoppel. 88. Plaintiffs' claims may be barred by the applicable statute of limitations. 89. Plaintiffs have failed to plead facts sufficient to toll the applicable statute of limitations. 90. Plaintiffs' cause of action may be barred by the equitable doctrine of laches. 91. To the extent that discovery and/or investigation may reveal, Plaintiffs have granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 92. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 93. Plaintiffs may have entered into a release which has the effect of discharging Answering Defendant from this matter. 94. Upon information and belief, certain of Plaintiffs' Decedent's bills for which Plaintiffs seek to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 9 95. Plaintiffs shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 96. Plaintiff's claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 97. By way of further answer, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiffs in the Complaint. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 18, 2008 By: Tho as 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, Amy Fajardo, M.D. and Holy Spirit Hospital 10 354461 VERIFICATION I, Thomas M. Chairs, Esquire, hereby state that I am an attorney for Amy M. Fajardo, M.D. in this action and verify that the statements made in the foregoing Answer and New Matter of Defendant, Amy M. Fajardo, M.D., to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: September 18, 2008 Thomas M. C*ir4-, Esquire CERTIFICATE OF SERVICE AND NOW, September 18, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Counsel for Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for John A. Belis, M.D. and Mid Penn Urology, Inc.) 2 21ege -.- ? ?' Thomas Vhairs"' Esquire C (D rn ?1 Y GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELTS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants ANSWER TO NEW MATTER OF DEFENDANT HOLY SPIRIT HOSPITAL 79. Paragraph 79 requires no response. 80. Paragraph 80 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 81. Paragraph 81 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 82. Paragraph 82 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 83. Paragraph 83 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 84. Denied. 85. Paragraph 85 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 86. Paragraph 86 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 87. Paragraph 87 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 88. Paragraph 88 is denied. Plaintiffs' filed pleadings within the applicable statue of limitations. 89. Paragraph 89 is denied. 90. Paragraph 90 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 91. Paragraph 91 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 92. Paragraph 92 raises all affirmative defenses and applicable provisions of MCARE Act 13 of 2002. Plaintiff intends to pursue this matter as entitled under the applicable law. 93. Denied. 94. Paragraph 94 raises affirmative defenses in regard to recovery of bills paid by insurance. Plaintiff intends to pursue this matter as entitled under the applicable law. 95. Paragraph 95 raises defenses and provisions relating to the MCARE Act. Plaintiff intends to pursue this matter as entitled under the applicable law, including any recovery of compensation or benefits which must be paid to public or collateral sources. 96. Paragraph 96 raises all defenses contained in the provisions of the Medical Care 4 Availability and Reduction of Error Act, Act No. 13, House Bill No. 1802, as amended. Plaintiff intends to pursue this matter as entitled under the applicable law. 97. Paragraph 97 reserves the right to plead further New Matter, as set forth in Pa.R.C.P. 1030, regarding continuing investigation, discovery and evidence as applicable to Plaintiff's Complaint. Plaintiff intends to pursue this matter in accordance with applicable rules of court. Respectfully submitted, GOLDBERG KATZMAN, P.C. By April ang- y, Esquire I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff Date: 1 /92/07 ? w CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the cp day of 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: 6 Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire ? C GS C,,,f f1"7 r -?_- mom 4i! I r GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants ANSWER TO NEW MATTER OF DEFENDANTAMY FAJARDO, M.D. 79. Paragraph 79 requires no response. 80. Paragraph 80 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 81. Paragraph 81 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 82. Paragraph 82 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 83. Paragraph 83 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. i i 84. Denied. 85. Paragraph 85 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 86. Paragraph 86 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 87. Paragraph 87 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 88. Paragraph 88 is denied. Plaintiffs' filed pleadings within the applicable statue of limitations. 89. Paragraph 89 is denied. 90. Paragraph 90 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 91. Paragraph 91 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 92. Paragraph 92 raises all affirmative defenses and applicable provisions of MCARE Act 13 of 2002. Plaintiff intends to pursue this matter as entitled under the applicable law. 93. Denied. 94. Paragraph 94 raises affirmative defenses in regard to recovery of bills paid by insurance. Plaintiff intends to pursue this matter as entitled under the applicable law. 95. Paragraph 95 raises defenses and provisions relating to the MCARE Act. Plaintiff intends to pursue this matter as entitled under the applicable law, including any recovery of compensation or benefits which must be paid to public or collateral sources. 96. Paragraph 96 raises all defenses contained in the provisions of the Medical Care Availability and Reduction of Error Act, Act No. 13, House Bill No. 1802, as amended. Plaintiff intends to pursue this matter as entitled under the applicable law. 97. Paragraph 97 reserves the right to plead further New Matter, as set forth in Pa.R.C.P. 1030, regarding continuing investigation, discovery and evidence as applicable to Plaintiff's Complaint. Plaintiff intends to pursue this matter in accordance with applicable rules of court. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: April L trang- ut squire I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff Date: 9 s=/off' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the Dtpday of ? j 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire r C cep ? -:, -c, z fn , ? tT? A 1 { e V ' y j ?,.e ?? yy ?? C., ,) - ? P CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.71S 144-H DE11-0788397 86723-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -vS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 MCS on behalf of CC: EVAN BLACK, ESQ. 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER; PA 19604 EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D902-0404271 86723-CO >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S '116-H D902-0404271 86723-CO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY vs. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4409.22 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 RIDER * * * * at The MQS Grown 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 STh HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: Proth6notary'Clerk, ,V, vision Date: Deputy ?S ?DB Seal of the Court 86723-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MEDICAL RECORDS PRIOR TO 4/6/06 Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, f iles, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurses 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 : MICSABL J. RALEY 245 RUP ROAD, MILLSRSBURO, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 Ra.71S 116-x sU10-0750884 86723 -LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF : EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.71S 144-H DE11-0788400 86723 -LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. - 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D802-0404271 86723-CC >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H DE02-0404271 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 401912 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 RIDER **** at The M roue 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 ST)F TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THInotary/C K" Pro ivision I Deputy Date: Q?i/08 Seal of the Court 86723-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER RADIOLOGY DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 19182 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. X-RAY REPORTS PRIOR TO 4/6/06 ANY AND ALL X-RAY REPORTS PERTAINING TO: Dates Requested: up to and including the present. Subject : MICHAEL J. HALEY 245 HQP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 RZ.71S 116-H SU10-0750886 86723-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R1.71S 144-H DE11-0788403 86723-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 _NOTICE OF INTENT TO SERVE A SUBPOMM TO PRODUCE DOCUXXNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D202-0404272 86723-CC >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY. MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H D202-0404272 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 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 RIDER **** at The MCS Grog. 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: 305Ni FRONT-STf TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: 1/?- -F- -.."w - Pr onotary / it ivision Date: 4b8 Deputy Seal of the Court 86723-03 i EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER PATHOLOGY DEPT 500 UNIVERSITY DR. HERSHEY, PA 17033 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PATHOLOGY REPORTS PRIOR TO 4/6/06 Dates Requested: up to and including the present. Subject : KICMML J. 8ALEY 245 WP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 R:L.71S 116-H SU10-07sossa 86723 -LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.71S 144-H DE11-0788406 86723 -L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF MICHAEL HALEY TERM, -VS- CASE NO: 08-1982 FAJARDO, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUNMITS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. MCS on behalf of EVAN BLACK, ESQ. intendsto serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09/09/2008 MCS on behalf of CC: EVAN BLACK, ESQ. - 355-80737 EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D802-0404273 86723-C( >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HARRISBURG HOSPITAL HARRISBURG HOSPITAL HARRISBURG HOSPITAL FREDERICK SEIDEL, MD. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS & XRAYS MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL RECORDS & XRAYS R1.71S 116-H DE02-04'04273 " 86723-C( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY File No. 08-1982 vs. FAJARDO, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Gro=. 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: Defendant BY THE URT: Pro notary/C tvt Di ision Deputy Date: 91/5/0$ Seal of the Court 86723-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL MEDICAL RECORDS 111 S. FRONT STREET HARRISBURG. PA 17101 RE 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MEDICAL RECORDS PRIOR TO 4/6/06 Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurses notes, 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 : MICSABL J. SALEY 245 RUP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 R:1. 71S 116-H SU10-0750890 86723 -L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.715 144-H DE11-0788409 86723-LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUIRNTS AM THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 355-80737 Any questions regarding this matter, contact THE MCS GROUP INC. APRIL L. STRANG-KUTAY, ESQ. 1601 MARKET STREET 600 A EDEN ROAD #800 PHILADELPHIA, PA 19103 LANCASTER, PA 19604 (215) 246-0900 R1.71S 116--H DE02-0404274 86723-C( >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HARRISBURG HOSPITAL HARRISBURG HOSPITAL HARRISBURG HOSPITAL FREDERICK SEIDEL, MD. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS & XRAYS MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL RECORDS & XRAYS R1.71S 116-H D202-0404274 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800- 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: Defendant BY THE OURT: P OWN= Prot notary/C rvil l ision Date: Deputy Seal of the Court 86723-05 V EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL RADIOLOGY DEPT. 111 S. FRONT STREET HARRISBURG. PA 17105 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. X-RAY REPORTS PRIOR TO 4/6/06 ANY AND ALL X-RAY REPORTS PERTAINING TO: Dates Requested: up to and including the present. Subject : MICHAEL a. HALEY 245 HUP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 RZ..71S 116-H SU10-0750892 86723-LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R.1.71S 144-H DE11-0788412 86723 -L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF MICHAEL HALEY TERM, -VS- CASE NO: 08-1982 FAJARDO, M.D., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCMINNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H Da02-0404275 86723-CC >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HARRISBURG HOSPITAL HARRISBURG HOSPITAL HARRISBURG HOSPITAL FREDERICK SEIDEL, MD. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS & XRAYS MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL RECORDS & XRAYS R1.71S 116-H D202-0404275 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO,,,M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc. 1601 Market Street. Suite 800- 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: Defendant BY THE URT: Protho otary/Cl , tvil x lion 9/Wb$ Deputy Date: Seal of the Court 86723-06 I EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL PATHOLOGY DEPARTMENT 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PATHOLOGY REPORTS PRIOR TO 4/6/06 Dates Requested: up to and including the present. Subject : MICEABL J. AALEY 245 RUP ROAD, MILLBRSBURG, PA 17061 Social Security #: EEE-EE-9342 Date of Birth: 02-28-1954 Ra.71S 116-H OU10-0750894 86723-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF MICHAEL HALEY TERM, CUMBERLAND -VS- CASE NO: 08-1982 FAJARDO, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.71S 144-H DE11-0788415 86723 -L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF IVM TO SERVE A SUBPOENA TO PRODUCE DOCUXXNTS AND TRINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D802-0404276 86723-CC >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H D202-0404276 86723-C( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for FREDERICK SEIDEL, MD. (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. ESO. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Proth otary/CI it Div' ion Deputy Date: 9 11608 Seal of the Court 86723-07 u EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDERICK SEIDEL, MD. 1000 EVELYN DRIVE MILLERSBURG, PA 17061 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PATHOLOGY RECORDS Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and 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, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL J. HALEY 245 RUP ROAD, MILLERSBURG, PA 17061 Social Security #: XXX-XX-9342 Date of Birth: 02-28-1954 R1.71S 116-H SU10-0750896 86723 -L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.715 144-H DE11-0788418 86723 -LO8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCMUMS AND THINGS FOR DISCOVERY PURSUAW TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. - 355-80737 Any questions regarding this matter, contact APRIL L: STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D802-0404277 86723-C( >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HARRISBURG HOSPITAL HARRISBURG HOSPITAL HARRISBURG HOSPITAL FREDERICK SEIDEL, MD. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS & XRAYS MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL RECORDS & XRAYS R1.71S 116-H DE02-0404277 86723-C( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY vs. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCHUYL ILL HEALTH MED CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MCS Gros Inc., , 601 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: Defendant BY THE RT. Protho otary/Cler , it iv' ion Date: Deputy Q ?5?68 Seal of the Court 8672J--08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS DEPT 700 E NORWEGION ST POTTSVILLE, PA 17901 RE: 86723 MICHAEL J. HALEY 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: from: 02-28-1954 to the present. Subject : MICHAEL J. HALEY 245 HUP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 SU10-0750898 86723 -LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R 1.71S 144-H ])Ell-0788421 86723 -L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SXRVB A SUBPOENA TO PRODUCE DOCDERNT'S AND THINGS FOR DISCOVERY PURSUANT TO RULN 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. - 355-80737 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. APRIL L. STRANG-KUTAY, ESQ. 1601 MARKET STREET 600 A EDEN ROAD #800 PHILADELPHIA, PA 19103 LANCASTER, PA 19604 (215) 246-0900 R1.71S 116-H D202-040427 8 -8 6 7 2 3 -CC >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H DE02-0404278 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for SCHUYI_.IILL HEALTH MED CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Gr=- 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 STl~ HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant T- BY THE C U;ii+ision Protho tary/Date: 61/og Deputy Seal of the Court 86723-09 u EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHUYLKILL HEALTH MED CTR. BILLING RECORDS DEPT 700 E NORWEGION ST POTTSVILLE, PA 17901 RE: 86723 MICHAEL J. HALEY 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: from: 02-28-1954 to the present. Subject : MICEAEL J. HALEY 245 RUP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 R3.71s 116-H SU10-0750900 86723 -LO9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EST. OF MICHAEL HALEY TERM, CUMBERLAND -VS- CASE NO: 08-1982 FAJARDO, M.D., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT R-1.71S 144-H 3DE11-0788424 86723 -LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTRNT TO SERVE A SQBPQM TO PRODUCE D0909 TS AND THINGS FOR DISCOVERY PURSUANT TO RIILE 4009.21 [ Note: see enclosed list of locations TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M..CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D202-0404279 86723-C( >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H D802-0404279 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY VS. FAJARDO, M.D., ET AL File No. 08-1982 SUBPOENA TO PRODUCE DOCUMENTS OR TH[NGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for SCHUYLKILL HEALTH MED CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc., 1601 Market Street. Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20); days 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: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant OLI URT: BY THE Proth4notary/C`-2*-1 vision Deputy Date: gjlsjt)g Seal of the Court 86723-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHUYLKILL HEALTH MED CTR. RADIOLOGY RECORDS DEPT 700 E NORWEGION ST POTTSVILLE, PA 17901 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: from: 02-28-1954 to the present. Subject : MICHAEL J. HALEY 245 HVP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 RZ.71S 116-H SU10-0750902 86723 -LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/20/2008 R1.71S 144-H MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DE11-0788427 86723 -Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTBNT TO SERVE A SIISPOMIA TO FRODUC$ DOCUXXNTS AND THINGS FOR DISCOVERY PURSUA30T TO RUL$ 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. - 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71S 116-H D802-0404280 86723-C( >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HARRISBURG HOSPITAL HARRISBURG HOSPITAL HARRISBURG HOSPITAL FREDERICK SEIDEL, MD. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. SCHUYLKILL HEALTH MED CTR. HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS X-RAY REPORTS PATHOLOGY MEDICAL RECORDS & XRAYS MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY MEDICAL RECORDS & XRAYS R1.71S 116-H D202'-0404280 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY File No. 08-1982 VS. FAJARDO, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SCMI KILL HEALTH MED CTR. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED J& ER * * * * 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. ESQ ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C I Protho otary/C ivil 71sision Deputy Date: Q?ISIOS Sea] of the Court 86723-11 l EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SCHUYLKILL HEALTH MED CTR. PATHOLOGY RECORDS DEPT 700 E NORWEGION ST POTTSVILLE, PA 17901 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all pathology reports and records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 02-28-1954 to the present. Subject : MICHAEL J. SALEY 245 RUP ROAD, MILLERSBURG, PA 17061 Social Security #: 175-38-9342 Date of Birth: 02-28-1954 R1.71S 116-H SU10-0750904 86723 -Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EST. OF MICHAEL HALEY COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- FAJARDO, M.D., ET AL CASE NO: 08-1982 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: 10/20/2008 EVAN BLACK, ESQ. Attorney for DEFENDANT RZ,71S 144-H DE11-0788430 86723-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EST. OF MICHAEL HALEY -VS- FAJARDO, M.D., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-1982 NOTICE OF INTENT TO SERVB A SUSPOBNA TO PRODUCE DOC NUS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M.. CHAIRS, ESQ. MICHAEL D. PIPA, ESQ. 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: 09/09/2008 CC: EVAN BLACK, ESQ. MCS on behalf of EVAN BLACK C ESQ. Attorney for DEFENDANT 355-80737 Any questions regarding this matter, contact APRIL L. STRANG-KUTAY, ESQ. 600 A EDEN ROAD LANCASTER, PA 19604 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.71-S 116-H D802-0404282 86723-C( >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER X-RAY REPORTS HERSHEY MEDICAL CENTER PATHOLOGY HARRISBURG HOSPITAL MEDICAL RECORDS HARRISBURG HOSPITAL X-RAY REPORTS HARRISBURG HOSPITAL PATHOLOGY FREDERICK SEIDEL, MD. MEDICAL RECORDS & XRAYS SCHUYLKILL HEALTH MED CTR. MEDICAL RECORDS SCHUYLKILL HEALTH MED CTR. BILLING ONLY SCHUYLKILL HEALTH MED CTR. X-RAY ONLY SCHUYLKILL HEALTH MED CTR. PATHOLOGY HERSHEY KIDNEY SPECIALISTS MEDICAL RECORDS & XRAYS R1.71S 116-H DX021-0404281 86723-CC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EST. OF MICHAEL HALEY File No. 08-1982 vs. FAJARDO, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY KIDNEY SPECIALISTS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc 1601 Market Street, Suite 800 Philadelphia PA 19103 You may deliver or maitlegible 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 parry 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: S,215l 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO RT: Protho tary/Cl i i sion Date: Q/1408 Deputy _T Seal of the Court 86723-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY KIDNEY SPECIALISTS 4700 UNION DEPOSIT ROAD HARRISBURG, PA 17111 RE: 86723 MICHAEL J. HALEY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PATHOLOGY RECORDS Entire medical and x-ray file, including but not limited to any and all records, correspondence to and from the treating and consulting physicians, files, memoranda, handwritten notes, history and physical reports, x-ray films and 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, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL J. RALEY 245 SUP ROAD, MILLERSBURG, PA 17061 Social security #: BZB-XX-9342 Date of Birth: 02-28-1954 R1.71S 116-H SU10-0750906 86723 -L12 C'? ??Gr+ ?.-i ;?? ? ?7 ,. ; Ct f `,? ?S 363792 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY Thomas M. Chairs, Esquire AMY FAJARDO, M.D. AND HOLY SPIRIT ATTORNEY I.D. NO. 78565 HOSPITAL 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) CATHY L. HALEY, INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADMINISTRATRIX OF THE OF CUMBERLAND COUNTY, ESTATE OF MICHAEL J. HALEY, PENNSYLVANIA DECEDENT, Plaintiff NO. 08-1982 V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please attach the Verification of Amy M. Fajardo, M.D. to the Answer and New Matter of Amy Fajardo, M.D. to Plaintiff's Complaint recently filed in the above-referenced matter. Respectfully submitted, Date: October 14, 2008 DICKIE, MCCAMEY & CHILCOTE, P.C. By: - Thomas hairs, E ire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Array Fajardo, MD. and Holy Spirit Hospital r 346695 VERIFICATION I, Amy M. Fajardo, M.D., hereby verify that the facts set forth in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Amy M. Fajardo, .D. CERTIFICATE OF SERVICE AND NOW, October 14, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel fro John A. Belis, M.D. and Mid Penn Urology, Inc.) JA- kIZ? Thomas M. Chairs, Esquire _ Fr, 875152 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 (Fax) CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, DECEDENT, Plaintiff,\ V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants ATTORNEY FOR DEFENDANTS AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1982 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS FOR SERVICE UPON DEFENDANTS. AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL TO THE PROTHONOTARY: Please direct all future Notices and correspondence to the following address and the undersigned counsel. Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 N. 21" Street Camp Hill, PA 17011 c j "J ?J .Tj ---i irTj :yi.q Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 4, 2011 By: Y y! C?,Ct ?ci J Thomas M. Chairs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21"` Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, March 4, 2011, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel fro John A. Belis, M.D. and Mid Penn Urology, Inc.) Thomas M. Chairs, Esquire hf\?T Ilk l .l r rd_ j i{ 1010 t F'e a GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff ?a ?BE?LAND COUNT"I ?'E4;?SYLVAl?IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants : : No. 08-1982 JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR STATUS CONFERENCE 1. The instant case is a medical malpractice case alleging negligence of the Defendants during the time period of March 8, 2006 through April 7, 2006, the date of Decedent's death. 2. The case was initiated by Writ of Summons filed on March 28, 2008; the Complaint was filed on May 28, 2008. 3. Defendants have answered the Complaint and the pleadings are closed. 4. Paper discovery has been exchanged and depositions of all parties have taken place. 5. Plaintiffs are requesting a status conference in order to set deadlines for the exchange of expert reports, and to set a trial date. WHEREFORE, the Plaintiffs respectively requests that this Honorable Court enter an Order scheduling a status conference. GOLDBERG KATZMAN, P.C. By: 4L7-??an - ; Esquire 8 ID#: 46728 Date: ?I 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the a--?-- day of , 2011, addressed to the following: Michael Pipa, Esquire Stevens & Lee 17 North Second Street, 16th floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011-3700 01 40 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire 100158444;vII GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants Medical Professional Liability Action c zi'''p c m-n CAr` ?L10 No. 08-1982 ? N z C) o a ?F3 = )'' orn _ JURY TRIAL DEMANDED - ' ORDER AND NOW, this _ ?Aday of August, 2011, upon consideration of Plaintiffs' Request for Status Conference, it is hereby Ordered that a status conference be held on ? lp.• ySA-• rn . 2011, in Courtroom of the Cumberland County 4j) Courthouse. Copies to: Court Administration -in 6i le ? Michael Pipa, Esquire Stevens & Lee 17 North Second Street, 16th floor Harrisburg, PA 17101 /Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011-3700 , Apr; I L. SMr'S- WV+a y . E4- ?Op' gIa'?I? CA 111 } CATHY L. HALEY, individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C-) N AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD: SCHREIBER, M.D., and INTERNISTS: OF CENTRAL PENNSYLVANIA, LTD., . Defendants NO c czz, ?? cn ? r7t r-Tt -< E c1 C) :5c 08-1982 CIVIL TERDPi £-? IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 7th day of September, 2011, upon consideration of Plaintiff's Request for Status Conference, and following a conference in chambers of the undersigned judge, in which Plaintiff was represented by April L. Kutay, Esquire, Defendants Fajardo and Holy Spirit Hospital were represented by Thomas M. Chairs, Esquire, Defendants Belis and Mid Penn Urology, Inc., were represented by Evan Black, Esquire, and Defendants Schreiber and Internists of Central Pennsylvania, LTD, were represented by Karen E. Minehan, Esquire, standing in for Michael Pipa, Esquire, and pursuant to an agreement of counsel, with respect to scheduling deadlines it is ordered and directed as follows: 1. Plaintiffs's expert report(s) shall be due on or before April 24, 2012; 2. Defendants' expert report(s) shall be due on or before July 24, 2012; 3. Any dispositive motions shall be filed on or before August 3, 2012; 4. Counsel shall list the case for trial during the anticipated November term of court commencing November 26, 2012; and 5. Pursuant to a request of counsel, all counsel, including Michael Pipa, Esquire, are attached for trial during the anticipated November 2012 trial term in this County. April L. Kutay, Esquire, 600-A Eden Road Lancaster, PA 17601 rf? For Plaintiff a Thomas M. Chairs, Esquire Cp??? 8I1? Plaza 21, Suite 302 q1 425 North 21st Street Camp Hill, PA 17011 For Defendants Fajardo and Holy Spirit Hospital Evan Black, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Belis and Mid Penn Urology, Inc., Karen E. Minehan, Esquire (Standing in for Michael Pipa, Esquire) 17 North Second Street 16th Floor Harrisburg, PA 17101 For Defendants Schreiber and Internists of Central Pennsylvania, LTD. :mae By the Court, xlm- 1206535 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF'-3 C-- MICHAEL J. HALEY, DECEDENT, -Va -- (Plaintiff) r' vs. '- rv M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELTS, M.D., MID PE AMY FAJARDO ? , UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTR C PENNSYLVANIA, a- C: re) r.y ' (Defendants) No. 08-1982 - Civil State matter to be argued: Motion for Partial Summary Judgment filed by Holy Spirit Hospital. 2. Identify counsel who will argue cases: (a) for plaintiff: April L. Strang-Kutay, Esquire, 600-A Eden Road, Lancaster, PA 17601 (b) for defendant Thomas M. Chairs, Esquire 425 N. 21St Street, Suite 302, Camp Hill, PA 17011 (Counsel for Amy Fajardo, M.D. and Holy Spirit Hospital) Michael D. Pipa, Esquire, 17 North Second Street, 16th Floor, Harrisburg, PA 17101 (Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire, P.O. Box 999, Harrisburg, PA 17108 (Counsel fro John A. Belis, M.D. and Mid Penn Urology, Inc.) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 13, 2012 Signature Thomas M. Chairs Print your name Date: March 26, 2012 Attorney for Amy J. Fajardo, M.D. and Holy Spirit Hospital i -75-p d' 1206535 CERTIFICATE OF SERVICE AND NOW, March 26, 2012, I, Thomas M. Chairs, Esquire, hereby certify that did serve a true and correct copy of the foregoing 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire THOMAS THOMAS & HAFER LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel fro John A. Belis, M.D. and Mid Penn Urology, Inc.) Thomas M. Chairs, Esquire 1202971 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) CATHY L. HALEY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL J. HALEY, DECEDENT, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., AND INTERNISTS OF CENTRAL PENNSYLVANIA, Defendants ATTORNEY FOR: DEFENDANTS AMY FAJARDO, M.D. AND HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1982 c C_ ? MEDICAL MALPRACTICE A-Q"AON- ^' c j 4 n.) . ?., CD JURY TRIAL DEMANDED MOTION FOR PARTIAL SUMMARY JUDGMENT FILED ON BEHALF OF DEFENDANT, HOLY SPIRIT HOSPITAL AND NOW, comes Defendant, Holy Spirit Hospital, by and through its counsel, Dickie, McCamey & Chilcote, P.C., and files the within Motion for Partial Summary Judgment and in support thereof avers as follows: 1. Plaintiff commended this medical professional liability action by Writ of Summons filed on or about March 28, 2008. 2. Plaintiff filed a Complaint in this matter on or about May 28, 2008. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 3. The relevant pleadings in this matter are closed. 4. Plaintiff recently produced expert reports. The expert reports are attached hereto as Exhibit "B." 5. Generally, Plaintiff's claims are based upon the Defendant-physicians' alleged failure to timely diagnose and treat pulmonary embolus for the decedent Michael Haley. 6. The Plaintiff's experts do not criticize Holy Spirit Hospital. 7. The Complaint as against Holy Spirit Hospital sounds in vicarious liability only. 8. In Count II, Plaintiff sets forth a claim against Holy Spirit Hospital based on a theory of vicarious liability for the acts of its admitted employee, Co-Defendant, Amy Fajardo, M.D., an emergency room doctor who treated the decedent at the hospital. 9. There are no vicarious liability claims alleged in the Complaint against Holy Spirit Hospital for the acts of Co-Defendants, John A. Belis, M.D. and Richard Schreiber, M.D. 10. Plaintiff asserts vicarious liability claims against Defendant, Mid Penn Urology, Inc. and Defendant, Internists of Central Pennsylvania Ltd. for the respective acts of Co- Defendants, Dr. Belis and Dr. Schreiber. 11. Specifically, in paragraphs 51-54 of Count II Plaintiff alleges the following against Holy Spirit Hospital: 51. At all times relevant to the subject matter of this Complaint, Dr. Fajardo was acting as an employee and/or ostensible agent of Defendant Holy Spirit Hospital. 52. At all times material hereto, Dr. Fajardo was acting within the course and scope of Holy Spirit Hospital (sic) her employment with Holy Spirit Hospital. 53. Defendant Holy Spirit Hospital, acting by and through its agents (sic) and/or employee, specifically Dr. Fajardo, was negligent as set forth in the preceding paragraphs of Plaintiff's Complaint. 54. Defendant Holy Spirit Hospital is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff's Complaint. See, Exhibit "A" p. 11. 2 12. According to the Complaint, Plaintiff's vicarious liability claim against Holy Spirit Hospital is limited to the acts of Dr. Fajardo. 13. Dr. Fajardo is the only individual whom Plaintiff contends was the agent, servant and/or employee of Holy Spirit Hospital. 14. It is the contention of the Holy Spirit Hospital that it cannot be held responsible or vicariously liable for the actions or inactions of anyone other than Dr. Fajardo. 15. The Complaint references care and treatment the decedent received during several admissions at Holy Spirit Hospital. Specifically, the decedent received care at Holy Spirit Hospital on March 8, 2006; March 29, 2006; March 30, 2006; and April 6, 2006 through April 7, 2006. See Exhibit "A" at ¶¶ 9, 10-18; 19; 20-31. 16. Dr. Farjado's sole contact with the decedent occurred in the Emergency Room on March 29, 2006. 18. The Plaintiff's Complaint does not allege and Plaintiff's experts do not criticize any agents and/or employees of the Holy Spirit Hospital other than Dr. Fajardo for care and treatment rendered to the Decedent. See, Exhibits "A" and "B." 19. When viewing the pleadings and corresponding proposed proof set forth in Plaintiff's expert reports, it is clear that Plaintiff has failed to establish a prima facie case of vicarious liability against the Holy Spirit Hospital for any alleged agent other than Dr. Fajardo. 20. To prevail upon a claim of medical malpractice premised on a healthcare provider's failure to perform within the standard of care, plaintiff must plead and subsequently prove through expert testimony that the acts of the healthcare provider deviated from acceptable medical standards and that such deviation was the proximate cause of the harm suffered. Yacoub 3 v. Lehigh Medical Associates, 805 A.2d 579, 591 (Pa. Super. 2002)(en Banc), appeal denied, 825 A.2d 639 (Pa. 2003). 21. Plaintiff has failed to plead and or produce expert support for any claim of liability premised upon ostensible agency and or vicarious liability against Holy Spirit Hospital for any individual other than Dr. Fajardo. 22. Holy Spirit Hospital filed this Motion out of an abundance of caution to preclude Plaintiff from pursuing any theories that have not been pled against Holy Spirit Hospital. 23. Courts have routinely held that a variance between the pleadings contained in a plaintiffs complaint and the theory the party later attempts to prove at trial will result in preclusion of the new theory if it constitutes a new cause of action. Rachlin v. Edmison, 813 A.2d 862, 871 (Pa.Super. 2002), citing Reynolds v. Thomas Jefferson Univ. Hosp., 676 A.2d 1205, 1210 (Pa.Super. 1996). 24. Any theory of vicarious liability against Holy Spirit Hospital other than vicarious liability for the action of Dr. Fajardo must be precluded as a matter of law. 25. Pursuant to Pa.R.C.P. 1035.2, a defendant may move for summary judgment: [i]f after the completion of discovery relevant to the Motion, including production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. 26. For the reasons set forth above, partial summary judgment should be entered in favor of Holy Spirit Hospital on any and all claims other than alleged vicarious liability for the acts of Dr. Fajardo. 4 WHEREFORE, Defendant, Holy Spirit Hospital respectfully requests that this Honorable Court grant partial summary judgment in favor of Holy Spirit Hospital on any and all claims other than vicarious liability for the acts of Dr. Fajardo. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 26, 2012 By: ` /R/ Thomas M. Chairs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court 1. D. #85651 425 N. 215` Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendants, Amy Fajardo, M.D. and Holy Spirit Hospital 5 ??? ?? ??? -pc. -1 Z5" GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants : No. 08-1982 JURY TRIAL DEMANDED 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 NOTICIA Le han demandado a usted en.la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas on contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiffs V. No. 08-1982 AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD : JURY TRIAL DEMANDED SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants COMPLAINT AND NOW, comes the Plaintiff, Cathy L. Haley, both individually and as Administratrix of the Estate of Michael J. Haley, her husband, by their attorneys, Goldberg, Katzman, P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Plaintiff Cathy Haley is an adult individual, wife of the late Michael Haley, and Administratrix of the Estate of Michael Haley; she resides at 245 Hup Road, Millersburg, PA. 2. Defendant Amy Fajardo, M.D. is a physician who is licensed to practice medicine in the Commonwealth of Pennsylvania, with a principal place of business in the Emergency Department of Holy Spirit Hospital, North 21 st Street, Camp Hill, PA, 17011. 3. Defendant Holy Spirit Hospital is a hospital duly licensed under the laws in the Commonwealth of Pennsylvania, with a principal place of business at North 2l t Street, Camp Hill, PA, 17011. 4. Defendant, John A. Belis, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his principal office location at Mid Penn Urology, Inc., 423 North 21't Street, Camp Hill, PA 17011. 5. Defendant, Mid Penn Urology, Inc. is a business entity located at 423 North 21sc Street, Camp Hill, PA 17011. 6. Defendant Richard Schreiber, M.D. is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his principal office location at Internists of Central Pennsylvania, 108 Lowther Street, Lemoyne, PA 17043. 7. Defendant, Internists of Central Pennsylvania, is a business entity located at 108 Lowther Street, Lemoyne, PA 17043. STATEMENT OF LIABILITY 8. In accordance with Pa.R.C.P. No. 1042.2, this is a professional liability action brought against all defendants in this action. STATEMENT OF FACTS 9. Decedent Michael Haley, then age 52, presented to his urologist, Dr. Belis, at Holy Spirit Hospital, on or about March 8, 2006 for a one day outpatient procedure to address his long standing problem with kidney stones, which, at times, required procedures to break up the stones so that they could be passed; the records conclude with a note that the procedure was accomplished without complications. 2 10. On or about March 29, 2006, Decedent experienced severe difficulty breathing, and on the advice of his family physician, who was concerned about a possible blood clot, presented to the Emergency Department at Holy Spirit Hospital with a complaint of chest pain, at which point he was under the care of Dr. Fajardo. 11. During this visit on the evening of March 29, 2006, Decedent complained of pain under the right breast, and pain with deep breathing, which began on March 18, 2006. The vital signs noted at triage include pulse 122, blood pressure 155/97, temperature 99. 1, respirations 22, and oxygen saturation 92%. 12. Decedent was seen in the Emergency Department by Dr. Fajardo at 19:52, who noted a chief complaint of chest pain which had begun 10 to 13 days prior. Dr. Fajardo also recorded dyspnea with walking upstairs. She specifically charted that the chest pain, or chest pain as well as dyspnea, began on March 18, 2006, persisting until March 22, 2006, but then returned on March 27, 2006. 13. The pain is described in the chart as present, as associated with shortness of breath, worsened with deep breaths, exertion and cough, and relieved with rest and sitting up. 14. On examination, in the Emergency Department on March 29, 2006, Dr. Fajardo reports vitals indicated above, as well as normal breath sounds, shallow respirations, tachycardia, and normal extremities. She indicated findings of BUN 45, creatine 5. 1, "low probability" VQ scan, and a normal ECG with rate of 100. 15. A CT scan of the abdomen without contrast was reported to show "atelectasis and/or consolidation in the right middle lobe and pleural base nodule in the left lobe... moderate left hydronephrosis with staghorn calculus." Appreciated by the reviewing radiologist was a left renal double-J stent. The radiologist further memorialized in his report that "if clinically indicated correlation with chest CT may be helpful." 16. In the Emergency Department evaluation, oxygen saturation was recorded as 94% to 95% at times that are not indicated. 17. With regard to the reporting in the Emergency Department, the final report of the VQ scan indicated: "mild heterogeneous ventilation to both lungs. There is mild heterogeneous profusion without definite segmental or subsegmental profusion." Dr. Faj ardo's impression was: "chest pain- acute" and acute renal insufficiency. 18. Decedent was given an injection of Toradol, and advised to follow-up with his urologist. 19. On or about March 30, 2006, Decedent underwent placement of a percutaneous nephrostomy tube with conscious sedation, as requested by Decedent due to his concern that he could not breathe well enough to have general anesthesia; this procedure was performed, again with no complications noted, at Holy Spirit Hospital in the Department of Radiology and Diagnostic Imaging. After his discharge to home, Decedent was able to pass a large kidney stone, but after several days, Decedent's nephrostomy tube was draining poorly or not at all, prompting a call to his urologist, Dr. Belis, to advise him of the situation. 20. On or about April 6, 2006, Decedent had an appointment with Dr. Belis, but Decedent was so short of breath that he was unable to negotiate the stairs to the doctor's office. At Plaintiff wife's insistence, Dr. Belis saw Decedent on a bench outside the office, and advised that he be taken to the Emergency Department at Holy Spirit Hospital, since this facility was the only local hospital which had the equipment to fit the nephrostomy tubes. 21. Dr. Belis records a brief history of present illness with no details regarding the onset, character, course, or other features of these problems. He records a brief examination without mention of vital signs. He reports clear lungs, regular heart rhythm, and no edema. His assessment is: "1. Left kidney stones with obstruction of left kidney. 2. Renal failure. 3. Urinary tract infection." Dr. Belis' plan is for hydration, antibiotics, and a pulmonary consult. He ordered an ECG, which was carried out later in the evening. Nursing notes of the date in question reveal an oxygen saturation of 89% that rose on 4-6 liters to 90-92%. 22. While hospitalized at Holy Spirit Hospital on April 6, 2006, a chest radiograph taken at 20:40 revealed mild cardiomegally and clear lungs; Mr. Haley's recorded oxygen saturation varied from 89% to 91 % during the night. 23. At 17:40 on April 6, 2006, Dr. Schreiber recorded a chief complaint of "exertional dyspnea," and further documented progressive shortness of breath over the last several weeks. Dr. Schreiber noted that breathlessness had increased in the past week "to the point he can barely stand to brush his teeth or get dressed." On review of systems, Dr. Schreiber obtained a history of phlebotomy for increased blood counts. On exam, Dr. Schreiber noted that vital signs are "not in front of me at the moment." 24. On the date in question, April 6, 2006, Dr. Schreiber noted no jugular venous distention, appreciated clear lungs, a normal heart, and chronic venous changes in the legs, but no calf tenderness. He reached an impression of shortness of breath 5 without clear etiology, and recommended hydration, nephrology consultation, ECG, echocardiogram, and a cardiac stress test. He ordered the echocardiogram and stress test at 17:42. 25. On April 6, 2006, at 19:50, while attempting to stand to urinate, according to nursing notes, Mr. Haley became rapidly short of breath, red-faced, sweaty, pale with decreased oxygen saturation. His blood pressure was recorded at 112/90, with heart rate up to 143. A stat ECG was done, which demonstrated sinus tachycardia at 134, a right axis deviation, and poor R-wave progression. Of note, the right axis deviation was not present on ECG tracings from February 8, 2001, or February 21, 1989. Nursing notes indicate that Decedent was "back to normal" baseline within 3-5 minutes. 26. A urologist, at 06:45 on April 7, 2006 noted in the record that Decedent refused to go to the stress test because of dyspnea, and an inability to lie flat. At 09:00, a nursing note documents that the oxygen saturation was 87% when standing, and that Decedent became dyspneic with exertion. 27. A nephrologist on April 7, 2006 lists an impression of volume overload and leg edema; nursing notes later record dyspnea with exertion and dusky legs bilaterally. 28. An echocardiogram taken later on April 7, 2006 demonstrated septal flattening consistent with pulmonary hypertension and enlargement of the right heart chambers; the impression of the radiologist was pulmonary hypertension. 29. On April 7, 2006, a nursing note documents, at 16:00, oxygen saturation of 86% on 7 liters, nasal cannula supplemental oxygen. Dr. Schreiber was called, and a non-rebreather mask was placed with increase in oxygen saturation to 94%. 30. On April 7, 2006, Dr. Schreiber saw Decedent again at 15:70 when he noted that Mr. Haley was not able to lie flat. On exam, he found Decent to be afebrile, with pulse 114, respirations 26, blood pressure 123/78, and oxygen saturation 91%. The heart was indicated as normal, lungs clear, and there is no appreciation of edema or calf tenderness. Dr. Schreiber listed labs, including a white count of 14,400, creatine 2.0, ferriein 411, and iron saturation 20%. Dr. Schreiber's impression was noted as chronic inflammatory state, CRF improved, increased white blood count, cysteine stone, chronic venous status. He indicated, for the first time in the record, that "VTE prophylaxis is needed." 31. On April 7, 2006, at approximately 16:35, Mr. Haley was intubated, and a code note indicates electromechanical disassociation. Mr. Haley was pronounced dead at 16:48. Autopsy demonstrated a pulmonary embolus and large spleen. 32. Several days after the death of her husband, Plaintiff wife received a telephone call from Dr. Belis. He remarked, in this call, that everything possible had been done medically for Mr. Haley, including treating him with Heparin to prevent a blood clot. When Mrs. Haley responded that her husband had never been prescribed Heparin, Dr. Belis abruptly ended the call. FIRST CAUSE OF ACTION WRONGFUL DEATH CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL HALEY, deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 33. Paragraphs 1 through 32 above are incorporated herein by reference. 34. That Defendants named above are jointly and severally liable for damages as set forth herein. 35. That Plaintiff brings this action for the wrongful death of the decedent on behalf of all persons entitled to recover damages therefore under and by virtue of the Act 1976, July 9, P.S. 586 No. 142, Section 2, 42 Pa. S.C.S.A. §8301. 36. That the following are the names of all persons entitled by law to recover damages for such wrongful death and the relationship to decedent: Cathy L. Haley, Wife Caitlin Haley, Daughter Michael Haley, Son SECOND CAUSE OF ACTION SURVIVAL ACTION CATHY L. HALEY, Individually and as Administratria of the Estate of MICHAEL HALEY, Deceased, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants 37. Paragraphs 1 through 36 above are incorporated herein by reference. 38. That the above-named Defendants are jointly and severally liable for damages as set forth herein. 39. That Plaintiff brings this action on behalf of the Estate of Michael Haley, Deceased, under and by virtue of the Act of 1976, July 9, P.S. 586 No. 142, Section 2, 42 Pa. S.C.S.A. §8302. 40. That the Plaintiff's aver that the Estate has incurred a loss and a claim is therefore asserted for the pain and suffering Decedent underwent prior to his death, loss of Decedent's earnings and earning power for Decedent's life expectancy and for all other damages sustained by said Decedent. COUNTI ESTATE OF MICHAEL HALEY VS AMY FAJARDO, M.D. NEGLIGENCE 41. The averments contained in paragraphs 1-40 are hereby incorporated by reference. 42. At a portion of the time relevant to the subject matter of this Complaint, Decedent Michael Haley was a patient of Dr. Fajardo, receiving care and treatment based on her specialty as an Emergency Department physician. 43. That the Defendant, Dr. Fajardo, was negligent and careless in the medical treatment provided to Decedent in that she: a. Failed to suspect the probability of pulmonary embolus as the cause of Decedent's shortness of breath; b. Failed to order further testing to rule out pulmonary embolus, despite Decedent's numerous risk factors; C. Failed to realize the inadequacies and limitations of the VQ scan as a reliable indicator of pulmonary embolism; d. Failed to accord the proper significance to the interpretation of the VQ scan, with a recognition that the results of the scan did not rule out a pulmonary embolism; e. Failed to arrive at a competent diagnostic appraisal of the breathlessness and chest pain which were Decedent's reasons for presentation; 9 f. Failed to refer Decedent urgently to an internist and/or pulmonologist, or, in the alternative, to admit him to the hospital; g. Failed to appreciate Decedent's increased risk of complications and increased risk of death due to possible pulmonary embolism; and h. Failed to diagnose pulmonary embolism, which delayed treatment for this condition. 44. That as a result of Dr. Fajardo's negligent conduct as described in the preceding paragraph of this Complaint, Decedent received no diagnosis or treatment for his dyspnea during his emergency visit of March 29, 2006. 45. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff suffered unnecessary and preventable medical complications in association with his continuing pulmonary embolism and dyspnea, as noted in the records which followed, until his death on April 7, 2006 46. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff's decedent was exposed to the risk of premature death from complications, which risk did, in fact, materialize. 47. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff's decedent, was caused to sustain pain, suffering, inconvenience, emotional distress, loss of life's pleasures, and, eventually, premature death. 48. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff's decedent was caused to incur additional medical expenses. 10 49. That as a result of Dr. Fajardo's negligent conduct as described in paragraph 43 above, Plaintiff incurred expenses associated with the funeral and burial of the decedent. WHEREFORE, Plaintiffs demand judgment against the Defendant, Dr. Fajardo for a sum in excess of $50,000.00, together with interest and costs. COUNT H ESTATE OF MICHAEL HALEY V. HOLY SPIRIT HOSPITAL VICARIOUS NEGLIGENCE 50. The averments contained in paragraphs 1-49 are hereby incorporated by reference. 51. At all times relevant to the subject matter of this Complaint, Dr. Fajardo was acting as an employee and/or ostensible agent of Defendant Holy Spirit Hospital. 52. At all times material hereto, Dr. Fajardo was acting within the course and scope of Holy Spirit Hospital her employment with Holy Spirit Hospital. 53. Defendant Holy Spirit Hospital, acting by and through its agents and/or employee, specifically Dr. Fajardo, was negligent as set forth in the preceding paragraphs of Plaintiff's Complaint. 54. Defendant Holy Spirit Hospital is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff's Complaint. 55. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Holy Spirit Hospital in an amount in excess of $50,000, together with interest and costs. COUNT III ESTATE OF MICHAEL HALEY VS JOHN A. BELIS, M.D. NEGLIGENCE 56. The averments in paragraphs I through 55 are hereby incorporated by reference. 57. That the Defendant, Dr. Belis, was negligent in his treatment of Decedent in that he: a. Failed to appreciate the clinical symptoms suggestive of pulmonary embolus from March 30, 2006 until the time of Decedent's death on April 7, 2006; b. Failed to suspect or promptly order tests and/or prophylactic treatment for pulmonary embolism in view of the numerous risk factors associated with Decedent's presentation; C. Failed to diagnose pulmonary embolism; and d. Failed to communicate with and refer to consulting physicians on a timely basis concerning this patient's increased risks associated with his co- morbid conditions, so that Decedent's care could be coordinated. 58. That as a result of Dr. Belis' conduct as described in the preceding paragraphs of this Complaint, Decedent was exposed to the risks of ongoing and untreated pulmonary embolism, which did, in fact, occur. 59. That as a result of Dr. Belis' conduct as described in the preceding paragraphs above, decedent, through development of the continued pulmonary embolism, encountered an increased risk of hypoxemia and death. 12 60. That as a result of Defendant's conduct as described in paragraphs above, decedent suffered ongoing dyspnea, which ultimately ended in his death. WHEREFORE, the Plaintiff demands judgment against John Belis, M.D. in an amount in excess of $50,000 together with interest and costs. COUNT IV ESTATE OF MICHAEL HALEY VS MID PENN UROLOGY, INC. VICARIOUS NEGLIGENCE 61. The averments contained in paragraphs 1-60 are hereby incorporated by reference. 62. At all times relevant to the subject matter of this Complaint, Dr. Belis was acting as an employee and/or ostensible agent of Defendant Mid Penn Urology, Inc. 63. At all times material hereto, Dr. Belis was acting within the course and scope of his employment with Mid Penn Urology, Inc. 64. Defendant Mid Penn Urology, Inc., acting by and through its agents and/or employee, specifically Dr. Belis, was negligent as set forth in the preceding paragraphs of Plaintiff's Complaint. 65. Defendant Mid Penn Urology, Inc., is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff's Complaint. 66. As a direct and proximate result of the negligence of Defendant Mid Penn Urology, Inc., Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Mid Penn Urology, Inc. in an amount in excess of $50,000, together with interest and costs. 13 COUNT V ESTATE OF MICHAEL HALEY VS RICHARD SCHREIBER, M.D. NEGLIGENCE 67. The averments in paragraphs 1 through 66 are hereby incorporated by reference. 68. That the Defendant, Dr. Schreiber, was negligent in his treatment of Decedent in that he: a. Failed to diagnose the clinical symptoms suggestive of pulmonary embolism when Decedent presented to him on April 6, 2006; b. Failed to suspect or promptly order tests and/or prophylactic treatment for pulmonary embolism in view of the numerous risk factors associated with Decedent's presentation; C. Failed to appreciate the limitations of the "low probability" for pulmonary embolism results from the VQ scan, despite Decedent's risk factors; d. Failed to understand that the VQ scan previously conducted did not rule out the presence of pulmonary embolism; e. Failed to urgently collaborate and communicate with other physicians in the face of the extreme and recent onset dyspnea; f. Failed to initiate empiric treatment for pulmonary embolism in a timely fashion; and g. Failed to diagnose pulmonary embolism, which caused a significant and costly delay in treatment for this condition. 69. That as a result of Dr. Schreiber's conduct as described in the preceding paragraphs of this Complaint, decedent was exposed to the risks of ongoing and untreated pulmonary embolism, which did, in fact, occur. 14 70. That as a result of Dr. Schreiber's conduct as described in the preceding paragraphs above, decedent, through development of the continued pulmonary embolism, encountered an increased risk of hypoxemia and death. 71. That as a result of Defendant's conduct as described in paragraphs above, decedent suffered ongoing dyspnea, which ultimately ended in his death. WHEREFORE, the Plaintiff, demands judgment against Richard Schreiber, M.D. in an amount in excess of $50,000 together with interest and costs. COUNT VI ESTATE OF MICHAEL HALEY VS INTERNISTS OF CENTRAL PENNSYLVANIA, LTD VICARIOUS NEGLIGENCE 72. The averments contained in paragraphs 1-71 are hereby incorporated by reference. 73. At all times relevant to the subject matter of this Complaint, Dr. Schreiber was acting as an employee and/or ostensible agent of Defendant Internists of Central Pennsylvania, Ltd. 74. At all times material hereto, Dr. Schreiber was acting within the course and scope of his employment with Defendant Internists of Central Pennsylvania, Ltd. 75. Defendant Internists of Central Pennsylvania, Ltd., acting by and through its agents and/or employee, specifically Dr. Schreiber, was negligent as set forth in the preceding paragraphs of Plaintiffs Complaint. 76. Defendant Internists of Central Pennsylvania, Ltd. is vicariously liable for the negligence of its agents and/or employees, as set forth in the preceding paragraphs of Plaintiff's Complaint. 15 77. As a direct and proximate result of the negligence of Defendant Internists of Central Pennsylvania, Ltd., Plaintiff sustained the damages set forth in the preceding paragraphs of Plaintiff's Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Internists of Central Pennsylvania, Ltd., in an amount in excess of $50,000, together with interest and costs. COUNT VII CATHY HALEY VS AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants LOSS OF CONSORTIUM 78. That as a result or Defendants' negligent conduct as noted above, Plaintiff/wife has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiff demands judgment against Defendants Amy Fajardo, M.D., Holy Spirit Hospital, John A. Belis, M.D., Mid Penn Urology, Inc., Richard Schreiber, M.S., and Internists of Central Pennsylvania, Ltd., Defendants in an amount in excess of $50,000, together with interest and costs. Date: s/-) 8/08 GOLDBERG KATZMAN, P.C. By: Apr' L. Strang-K quire ID4: 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs 16 VERIFICATION I, April L. Strang-Kutay, Esquire, hereby acknowledge that I am the attorney for Plaintiff; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Plaintiff's Verification is unavailable at present, but will be filed with the Court when it becomes available. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Respectfully submitted, GOLDBERG KATZMAN, P.C. By. April Y. Strang- to E uire Attorney I.D. No. 46728 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of , 2008, addressed to the following: Larry B. Selkowitz, Esquire Stevens & Lee 17 North Second Street, 16' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 t '. By. Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire EXHIBIT "B" Feb 22 12 07:32p Jolin 2034582202 P. t SCOTT W. JOUN, m. F.A.C.E.P. February 22, 2012. April Strang-Kutay, Esq. Goldberg Katzman Attorneys at Law 600-A Eden Road Lancaster, PA 17601 RE: Michael Haley Dear Ms. Kutay, As we have discussed, I have reviewed the provided medical records of folloiving documents: Holy Spirit Hospital; March 8, 2006 Ehrough April 6, 2006. Harrisburg Hospital; February 14, 2001 through February 5, 2002, I-lershey Medical Center; 1993. Records of John A. Belis, M.D., Urologist. Records of Frederick Seidel, M.D., Internist. Autopsy Report. I have also reviewed the deposition transcripts of Cathy Haley, spouse Amy Taylor, M.D., Emergency Physician Richard Schreiber, M.D., Internist John A. Bells, M.D., Urologist Michael Haley, including the Feb 22 12 07;32p Jolin 2034582202 p.2 i Commenci» g in 1993, Mr. Michael Haley began suffering from cystinuria which resulted in recurrent urinary tract obstructions from cystine stones. Treatment involved various urologic procedures including lithotripsy and ureteral scents to relieve the ureteral obstructions. On March 8, 2006 Mr. Haley underwent a cystoscopy/ureteroscopy with a laser lithotripsy and placement of a ureteral stent. On approximately March 18, 2006, according to Cathy Haley, Michael began experiencing significant shortness of breath. This lasted until approximately March 22, 2006 after which it resolved until March 27, 2006, when the shortness of breath recurred, On March 29, 2006 Mr. Haley presented to the emergency department of the Holy Spirit Hospital in Camp Hill, Pennsylvania. He was registered at 19:26 (7:26 p.m.) with the chief complaint of right epigastric pain. The triage nurse documented that Mr. Haley complained of "lung pain under his right breast which began on March 18, 2006, with pain with deep breathing, and that he had undergone surgery on March 8, 2006". Vital signs were significant for a blood pressure Of 155197, no fever, an elevated pulse rate of 122 per minute, an elevated respiratory rate of 22 per minute and a decreased room air pulse oximetry measurement of 92%. Mr. Haley's weight was also noted to be 400 pounds, indicating that he suffered from morbid obesity. His past medical history was significant for renal stones and hypertension. MT. Haley was evaluated by Dr. Amy (Fajardo) Taylor at approximately 19:52. Dr. Taylor documented that Mr. Haley was complaining of right lower pleuritic chest pain with dyspnea on exertion. It was also noted that Mr. Haley complained of pain in the area of the ureteral stent. Dr. Taylor noted that risk factors for venous thromboembolism included obesity and recent surgery. Dr. Taylor ordered an intravenous dose of ketoralac for pain and a chest CT angiogram to rule out a pulmonary embolism (PE), but Mr. Haley was noted to have significant renal insufficiency with a serum creatinine of 5.1. Given this significantly impaired renal function, potentially nephrotoxic intravenous contrast agents were contraindicated. The chest CT scan was changed to a ventilation/perfusion (VQ) scan. The VQ scan was interpreted by the radiologist Dr. Sulekha Parshad as "low probability for pulmonary embolus". Dr. Taylor interpreted this finding as completely ruling out the possibility of a PE. This is evident from an inspection of the medical record, and supported by Mrs. Haley's testimony. Because of the elevated cneatinine level, Dr. Taylor contacted Dr. Belis, who suggested that a noncontmst abdominal/pelvic CT scan be performed to assess the status of the ureteral stent. The CT scan revealed that the stent appeared to be blocked, and Dr. Taylor contacted Dr. Belis again who indicated that a procedure needed to be performed to address the issue with the stent. The dose of ketoralac significantly relieved Mr. Haley's chest discomfort and during the time in the emergency department his vital signs improved, although he continued to complain that he still had difficulty breathing. Mr. Haley was discharged from the emergency department on the morning of March 30, 2006. On March 31, 2006 Mr. Haley underwent a procedure to change the ureteral stent, as performed by an interventional radiologist Mrs. Haley testified that on April 6, 2006 she noted her husband to have significantly worsened shortness of breath. Mr. Haley essentially suffered from severe dyspnea that worsened significantly with minimal activities such as getting dressed or brushing his teeth. She then drove her husband to the office of Dr. Belis. Because of the severe dyspnea, Mr. Haley could only ambulate to a bench outside of the office. Dr. Belis provided direct admission orders to further evaluate the dyspnea and requested a consultation from internist, Dr. Richard Schreiber. Unfortunately, Mr. Michael Haley, at age 52 years, died in the hospital on April 7, 2006 at 16:45. An autopsy revealed the cause of death as a massive pulmonary embolus. Feb 22 12 07:33p Jolin 2034582202 p.3 Unequivocally, the standard of care was not met by emergency physician Dr. Amy Taylor. Any emergency physician should possess the clinical acumen to recognize that Mr. Haley presented with a classic textbook case of a PE. Mr. Haley had undergone a recent surgical procedure and he was morbidly obese. He was experiencing pleuritic chest pain and dyspnea on exertion. His vital signs were noted to have classic alterations consistent with a PE, including tachypnea, tachycardia and hypoxernia. Given this classic presentation of a PE, anticoagulation should have been prescribed and Mr. Haley should have been admitted to the hospital. Instead, Dr. Taylor decided to attempt to rule-out the presence of a PE with a VQ scan. The VQ scan revealed a low probability of a PE. Dr. Taylor has testified that a PE "was unlikely based on the VQ scan in the setting of It clinical picture of low probability for a pulmonary embolus", apparently referring to the PIOPED study (Prospective Investigation of Pulmonary Embolism Diagnosis study). This was an obvious fatal error in clinical judgment as Mr..Haley presented with a classic case of a PE and therefore with a high clinical- suspicion for a PE. The PIOPED study indicated that in a setting of a high clinical suspicion for a PE with a low probability VQ scan, the probability of a PE was approximately 40%. This supports that Mr. Haley should have been anticoagulated and admitted to the hospital. Pulmonary consultation should then have ensued. The failure of Dr. Taylor to take this action was a significant deviation from the standard of care. Unfortunately Dr. Taylor did not recognize a classic presentation of a patient with a PE and discharged Mr. Haley from the emergency department with a non-lethal PE on March 30, 2006. Without treatment with anticoagulation, the PE was allowed to progress to its lethal stage on April 7, 2006, resulting in the death of Mr. Michael Haley. i have developed my opinions as to within a reasonable degree of medical certainty. Please note that my opinions were not developed from a retrospective analysis of the medical records. I inserted myself into this case in real-time, into the place of Dr, Amy Taylor. I reserve the right to alter my opinions based upon any new evidence that is provided. Sincerely yours, Scott W. Jolin, 'l,D., FACEP Attending Emergency Physician The William W. Backus Hospital Non-rich, CT Feb 26 12 09:55p Owner 203-397-9481 p.2 Walter N. Kernan, M.D. 31 Rimmon Hill Road Woodbridge, CT 06525 February 26, 2012 Ms. April L. Strang-Kutay, Esq. Goldberg Katzman 600-A Eden Road Lancaster, PA 17601 RE: Mr. Michael Haley Dear Ms. Strang-Kutay, Thank you for asking me to provide an expert opinion regarding the care provided to Mr. Michael Haley by Dr. Richard Schreiber of Holy Spirit Hospital. I am a board-certified general internist. After completing three years of residency training in internal medicine, I completed a two year fellowship in clinical epidemiology, which is a field of science that applies epidemiologic and other research methods to the study of health problems that affect individual patients treated by practicing physicians. Problems of prognosis, risk or causation, diagnosis and treatment are all within this field. After fellowship in 1989, 1 joined the faculty at Yale School of Medicine where I am a professor of internal medicine. My career at Yale School of Medicine is focused on the care of adult patients, including the treatment of acute illness, and the prevention and management of chronic disease. I am a member of the Section of General Internal Medicine within the Department of Internal Medicine. I care for patients in a personal medical practice, teach general medicine to residents and students, and direct a required clerkship for third-years students during which they acquire core competencies in office-based internal medicine. I also do research in the area of stroke prevention. My experience, training, and practice expertise qualifies me to offer opinions regarding matters related to the matter referenced above. In preparing my opinion, I referred to the following materials: 1) Hershey Medical Center Records - May 1993 2) Medical records from Harrisburg Hospital a. 2/5/02 b. 9/28/01 c. 5/27101 d. 5/25/01 e. 2/14/01 Feb 26 12 09:55p Owner 203-397-9481 p.3 3) Medical records from Holy Spirit Hospital admission 3.8.06 4) Medical records from Holy Spirit Hospital Emergency Center 3.29.06 5) Medical records from Holy Spirit Hospital admission 3.31.06 6) Medical records from Holy Spirit Hospital admission 4.6, 06 7) Medical records from Dr. John A. Belis's office 8) Medical records from Dr. Frederick J. Seidel's office 9) Deposition testimony by Dr. Taylor 20 May 2010 10) Deposition testimony by Dr. Schreiber 29 October 2010 11) Deposition testimony by Dr. Bells 23 February 2011 12) Deposition testimony by Mrs. Haley 4 March 2011 13)Autopsy report Brief Summary of Medical Events Mr. Haley was 52 years old on 3.1.06 when he was seen at Holy Spirit Hospital for pre-procedure assessment. A brief visit note recorded a history of hypertension and a difficult prior intubation, but no pulmonary disease. He was noted to be 6'1" and 411 pounds. The evaluating clinician recorded a plan for left-sided percutaneous nephrostomy tube. On 3.8.06, he was admitted to a one-day surgery suite at Holy Spirit Hospital for his procedure when he indicated on a self-report form that he had a history of fevers after surgery, shortness of breath at rest, lying flat, or climbing one flight, clinical obesity, hypertension, ankle edema, and kidney stones. (In her deposition, Mrs. Haley testified that Michael Haley never had difficulty breathing except when he coached basketball and ran on the court with kids. Mrs. Haley specifically said that he would not become short of breath with walking or yard work.) A brief note by Dr. Bells indicated that the chief complaint was a left-sided kidney stone > 2cm. Dr. Belis described the past medical history (hypertension, cystinuria) and medications (thiola and prinivil). Dr. Belis's review of systems was "negative" and his physical examination was notable for a clear chest, regular heart rhythm, and no edema. A nursing assessment listed Mr. Haley's past history (hypertension, obesity, stones, contact tens use), and medications (lisinopril). The nurse recorded a history of dyspnea with activity, obesity, and edema in the ankles (see patient admission assessment). Of note, office notes from Dr. Seidel indicated no chest pain, shortness of breath, or ankle swelling as of 11.23.04 Vital signs were temperature 98.5, pulse 84, oxygen saturation 95% (presumably on room air), respirations 22, and blood pressure 134/88. The operation (cystoscopy, left ureteroscopy, left laser lithotripsy and placement of left double J ureteral stent) was completed without noted complications. A nursing note indicated some nausea after his procedure, but that he was tolerating activity and discharged at 12:30pm. On March 29, Mr. Haley called Dr. Seidel to report trouble breathing and was instructed to go the emergency room at Holy Spirit Hospital. He arrived at 19:26 where the triage report indicated a chief complaint of "right epigastric pain." The HPI by triage indicated, "lung pain under the right breast" which began 3.18, Feb 26 12 09;56p Owner 203-397-9481 p.4 pain with deep breathing, and surgery 3/8. The vitals at triage included pulse 122, blood pressure 155/97, temperature 99.1, respirations 22, and oxygen saturation 92% (presumably on room air). Dr. Fajardo saw Mr. Haley at 19:52 and noted a chief complaint of chest pain which started 10-13 days prior. She also recorded dyspnea with walking up stairs. This or the chest pain or both lasted 3.18.06-3.22.06 but retumed 3.27.06. Dr. Fajardo described the pain as present, associated with shortness of breath, worsened with deep breaths, exertion and cough, and relieved with rest and sitting up. She recorded that a "kidney" stent was placed 3.8.06 and that there was no family history of DVT or PE. On examination, Dr. Fajardo reported the vitals listed above, normal breath sounds, shallow respirations, tachycardia, and normal extremities. (In her deposition testimony, Dr. Fajardo stated that, "I indicate at that time that he was tachycardic, but that I think is based on my assessment of the initial vital signs which were done at triage and not once he was in the room, and that's all,") Dr. Fajardo indicated findings of BUN 45, creatinine 5. 1, "low probability" V/Q scan, and a normal ECG with a rate of 100. The oxygen saturation in the ED was recorded as 94% to 95% at times that are not indicated. The final report of the WQ scan indicated, "mild heterogeneous ventilation to both lungs. There is mild heterogeneous perfusion without definite segmental or subsegmental perfusion defect. The chest X-ray demonstrates no definite active disease." The report from a non-contrast CT scan of the abdomen indicated a left-sided double -j stent in satisfactory position, moderate left hydronephorsis, bilateral renal stones, bilateral renal cysts, right midlobe focal atelectasls, a pleural based nodule within the left lower lobe, a hiatal hernia, a small pericardial effusion, gallstones, and sigmoid diverticulosis. The chest findings from the CT scan were interpreted as indeterminate and the radiologist wrote, "if clinically indicated correlation with chest CT may be helpful." Dr. Fajardo's impression was "chest pain - acute" and acute renal insufficiency. In her deposition, she testified that her final diagnosis for the pain was pleurisy or deconditioning. She testified that Mr. Haley did not complain of shortness of breath while in the emergency room. This is different from Mrs. Haley's deposition in which she reports that he was still having difficulty breathing at the time of discharge. "He couldn't get air down his lungs. But the shot took the pain away. It didn't take the feeling of not - - of air not going down the lung away. So he did tell her the same - - he took the deep breath. He said the pain was gone, the shot did help, but the air wasn't getting down." Mrs. Haley testified that "He did tell her that the pain was better after the shot but the pressure and breathing was not any better." The patient was discharged "improved", according to Dr. Fajardo, for follow-up with Dr. Bells. Dr. Fajardo does not specify what she meant by improved. Of note, the patient was not given diuretic therapy and the discharge impression did not list a cause for the problem which caused him to be referred to the ED, trouble breathing. On March 30, Mr. Haley was again seen at Holy Spirit Hospital outpatient services for a pre-operative assessment. The examiner noted again no history of Feb 26 12 09;56p Owner 203-397-9481 P.5 Pulmonary disease. Mr. Haley was noted to be 61" and 400 pounds. There was no mention of respiratory symptoms. On March 31, Mr. Haley was admitted to the Department of Radiology and Diagnostic Imaging at Holy Spirit Hospital for placement of a left percutaneous nephrostomy tube with conscious sedation. A self-report history indicated shortness of breath with stairs, obesity with "restricted lungs", hypertension, remote cardiac stress testing, chest pain "with deep inspiration a few days ago", asymptomatic gallstones, left hydronephrosis from calculi, arthritis, a recent 18 pound weight loss, and obesity. Mrs. Haley testified that her husband told the anesthesiologist that he could not breathe. An ECG shows sinus rhythm at 100 and no ischemic change. The pre-operative evaluation and plan by nursing indicates temperature 98.7, pulse 84 and regular, respirations 24, blood pressure 113/56. He underwent placement of a percutaneous nephrostomy tube by a radiologist. The conscious sedation flow sheet indicates vital signs of blood pressure 113156, pulse 84, respirations 24, oxygen saturation 92% on room air. In the post-op assessment and care flow sheet, during about 6 hours of observation, his pulse was 76-91 and respirations 16-18/minute. There is no mention of significant respiratory symptoms post-op. Mr. Haley was next seen 4.6.06 by Dr. Belis when Mr. Haley and his wife drove to a scheduled appointment at his office. According to Mrs. Haley's deposition, her husband's breathing was noticeably different and worse compared with 3/29. She reported that the breathing difficulties had continued since discharge from the emergency department, but on 416, she was impressed that Mr. Haley's respiratory problem was much worse. She remarked that ordinarily, he had no significant problems breathing, even when trying to keep up with teenagers. Mr. Haley was unable to make it into Dr, Belis's office, so Dr. Belis carne down to see Mr. Haley in the parking lot where he found Mr, Haley appearing ill. Dr. Belis directly admitted Mr, Haley to Holy Spirit hospital for treatment of shortness of breath, fever, and renal failure. According to his deposition testimony, he called Dr. Schreiber, an internist, to ask him to see Mr, Haley in the hospital for evaluation of the breathing difficulty. In his mind, Dr. Bells specifically placed responsibility for management of Mr. Haley's presenting complaints in the hands of Dr. Schreiber. According to his deposition testimony, "It's not my area of expertise." On the day of admission, Dr. Belis recorded a brief history of present illness with no details regarding the onset, character, course, or other features of these problems. He recorded a brief examination without mention of vital signs. He reported clear lungs, regular heart rhythm, and no edema. His assessment was "1. Left kidney stones with obstruction of left kidney. 2. Renal failure. 3. Urinary tract infection." His plan was for hydration, antibiotics, and an internal medicine consult. He ordered an ECG, but it apparently was not done until later in the evening (see nursing notes). At 1615 a nurse who admitted Mr. Haley recorded an oxygen saturation of 89% on room air. Oxygen was applied. The nurse reported "minimal exertion SOB." During the same evening, the oxygen saturation was 90-92% on 4-6 liters of oxygen flow by nasal canula. Feb 26 12 09:57p Owner 203-397-9481 p.6 Dr. Schreiber, an internist, saw Mr. Haley at 1740 on 4.6,06 when he recorded a chief complaint of "exertional dyspnea" and further documented progressive shortness of breath over the last several weeks and that this had happened before with surgery. In his HPI, Dr. Schreiber recorded that Mr. Haley was seen at the Holy Spirit ED with findings of an elevated creatinine, left hydronephrosis, a "small pericardial effusion," right midlobe atelectasis, and a low probability V-Q scan. Dr. Schreiber noted the breathlessness had increased in the past week "to the point he can barely stand to brush his teeth or get dressed... In short, his breathlessness has become mysterious in the past and remains so." On review of systems, Dr. Schreiber obtained a history of phlebotomy for increased blood counts. On exam, he noted that vital signs were not in front of me at the moment." In his deposition testimony, Dr. Schreiber is not clear when he saw the vital signs (including the oxygen saturation), indicating it was "no later than the next time I saw him" the next day. Dr Schreiber found no jugular venous distension, clear lungs, a normal heart, and chronic venous changes in the legs but no calf tenderness. His impression was shortness of breath without clear etiology and he recommended hydration, nephrology consultation, ECG, echocardiogram, and a cardiac stress test. He ordered the echocardiogram and stress test at 1742. The history recorded by Dr. Schreiber is not consistent with history provided by Mrs. Haley (page 138 her deposition) or Dr. Belis (page 30 his deposition). Mr. Haley did not have a history of breathlessness" following surgical procedures; Dr. Belis testifies to this fact in his deposition. In his deposition testimony, Dr. Schreiber indicated that he was aware that the doctors in the ED on 3/29 were concerned for a pulmonary embolus but that, in his opinion, a pulmonary embolus was "probably not present". In making his assessment, Dr. Schreiber refers to the low probability V/Q scan and absence of signs of a leg DVT which "greatly decreased the likelihood of blood clots in the leg." Dr. Schreiber indicated in his deposition that a PE remained in the differential, but that that it was lower in likelihood than other things, such as a pericardial effusion, other cardiac problems, or lung ailment. He said in his deposition that he felt it was "important to start looking for other possible causes that had not yet been investigated for." He acknowledged that there were no clinical signs to suggest. pericardial tamponade and that he may not have reviewed the ECG on the day of admission. Dr. Schreiber ordered an echocardiogram and persantine stress test plus blood tests. A renal consultant at 1745 on 4.6.06 noted shortness of breath. On examination, the pulse was 120, respirations 24, BP 124/80 and oxygen was in place. There was no JVP, decreased breath sounds at the bases, obesity, and increased leg size with no pitting edema. His assessment was renal failure secondary to obstruction, "volume status - difficult to assess but probably mildly overloaded. Negative V/Q for pulm. embolus", and electrolye disturbance. A Feb 26 12 09:57p Owner 203-397-9481 p.7 chest radiograph was apparently not done, but admission laboratory tests on 4.6 show creatinine 1.8, bun 23, potassium 4.3, hemoglobin 15.7. At 1950 while attempting to stand to urinate, according to nursing notes, Mr. Haley became rapidly short of breath, red-faced, sweaty, pale with decreased oxygen saturation. His blood pressure was 112190, :heart rate up to 143. A stat ECG was done and Brett Calhoun, PA-C was notified. The ECG at 1958 showed sinus tachycardia at 134, a right axis deviation, and poor R-wave progression. Of note, the right axis deviation was not present on ECG tracings from February 8, 2001 or February 21, 1989. Nursing notes indicate that Mr. Haley was "back to 'NL' baseline within 3-5 minutes." A chest radiograph at 2040 showed mild cardiomegally and clear lungs. Mr. Haley's recorded oxygen saturation varied from 89% to 91% during the night. He was consistently tachycardic through the night with values ranging from 109- 127. Dr. Wenger, the urologist covering for Dr. Belis, saw Mr. Haley at 0645 on 4.7.06 when he noted that the patient refused to go to the stress test because of dyspnea and an inability to lie flat. At 0900, a nurse noted that the. oxygen saturation was 87% when standing (supplementation not indicated) and that he became dyspneic with any exertion. A nephrologist on 4.7.06 listed an impression of volume overload and leg edema. Nursing later recorded dyspnea with exertion and dusky legs bilaterally. An echocardiogram later that day showed septal flattening consistent with pulmonary hypertension and enlargement of the right heart chambers. The impression of the radiologist is "pulmonary hypertension." A nursing note at 1600 indicated an oxygen saturation of 86% on 7 liters nasal canula supplemental oxygen. This note indicated that "patient rang out that he was short of breath. On assessment, noted nail beds blue/purple in color." Dr. Schreiber was called and a non-rebreather mask was placed with increase in oxygen saturation to 94%. Dr. Schreiber saw Mr. Haley again at 1570 (1510 by his deposition) when he noted that Mr. Haley was not able to lie flat. He had apparently not evaluated the patient at any time earlier that day. On exam, he found Mr. Haley was afebrile with pulse 114, respirations 26, blood pressure 123/78, oxygen saturation 91% (supplementation not indicated). The heart was normal, lungs clear, and there was no edema or calf tenderness. He listed labs including a white blood count of 14,400, creatinine 2.0, ferritin 411, iron saturation 20%. His impression was chronic inflammatory state, CRF improved, increased white blood count, cysteine stone, chronic venous status. He indicated that "VTE prophylaxis is needed". In a note that I believe he wrote, he indicated the echocardiogram as showing "t-V OK, 55 mmHg pulm pressures, small pericardial . i Feb 26 12 09:57p Owner 203-397-9481 p.8 effusion, and no significant valv dz." His differential diagnosis did not indicate possible causes for the hypoxemia, tachycardia, or tachypnea. At about 1635 on April 7, Mr. Haley was intubated. The code note indicates electromechanical dissociation. He was pronounced dead at 1648. An autopsy report lists "massive pulmonary embolus" as the immediate cause of death. Other autopsy findings include marked obesity, spienomegaly, polycythemia (by clinical history), a nephrostomy tube, and nephrolithiasis associated with hydronephrosis. Incidental findings included a small pericardial effusion, hiatal hernia, diverticular disease, cholelithiasis, and pulmonary edema and congestion thought to be related to his terminal event. My Opinions 1) On April 6, Mr. Haley had clinical symptoms and signs suggestive of pulmonary embolism. These include dyspnea, tachypnea, tachycardia, hypoxemia, clear lung fields. An evaluation for pulmonary embolism was indicated on that day, despite the recent "low probability" VIQ scan. With no history of coronary artery disease, other heart disease, an unremarkable ECG, no evidence of pulmonary edema on examination, and no evidence for sepsis, severe anemia, or parenchymal lung disease, there was no compelling explanation for his presenting signs and symptoms other than pulmonary embolism. 2) The appropriate next step in responding to his signs and symptoms might have included a Doppler ultrasound of the legs. If this were positive, the next step in diagnosis would have required careful but urgent collaboration between the pulmonary and nephrology consultants. Choices would have included empiric treatment for pulmonary embolism or definitive diagnosis with either a computed tomographic angiogram or intravenous pulmonary angiogram. Because of his renal insufficiency (creatinine 1.8 mg/dL), he might have needed dialysis after any procedure requiring intravenous or pulmonary artery contrast, although this probably could have been avoided with careful hydration. If the Doppler were negative, diagnosis would have required one of the contrast studies described above. Had these steps been undertaken, a pulmonary embolism would have been diagnosed, based on reasonable medical certainty. 3) In the presence of pulmonary hypertension, treatment options for his pulmonary embolism would have included thrombolysis, although his risk for bleeding would have been considerable due to recent surgery. Alternatives would have included surgical embolectomy or heparin anticoagulation alone. An IVC might have been placed as adjunctive therapy. Pulmonary consultation would have been required to elect and institute any treatment. i Feb 26 12 09:58p Owner 203-397-9481 p.9 4) Failure to diagnose the pulmonary embolism (which delayed appropriate treatment) increased the risk that Mr. Haley would die from this problem. 5) Dr. Schreiber failed to meet the standard of care by not carrying out the appropriate investigation of the patient's presentation, failing to start heparin in a timely fashion, failing to recognize the high probability of pulmonary embolism, failing to diagnose and initiate treatment for the pulmonary embolism, and further failing to more closely follow the patient in the clinical setting. Each of these opinions is to a reasonable degree of medical certainty. Sincerely, 51 Walter N. Keman, M. D. 9 r • MICHAEL S. BRODHERSON, M.D. 4 EAST 76th STREET NEW YORK, NEW YORK 10021 TEL. (212) 794-2749 FAX. (212) 717-6130 January 31, 2012 April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Re: Michael Haley Dear Ms. Strang-Kutay: At your request, I have reviewed all of the pertinent medical records and depositions related to the care and treatment of Mr. Michael Haley. 1 paid special attention to the care administered by Dr, John Bells for nephroliasis from March, 2006 through the time of the patient's death in April, 2006.`. A brief and simple summary of the urologic events may be summarized in the following fashion. Mr. Haley had multiple kidney stone procedures in the past. On March 8, 2006, the patient was sent to the hospital for a percutaneous nephrolithotripsy of a large left kidney stone, at least two centimeters in size. This intended procedure is reflected in a prescription from Dr. Belis recorded in the medical record as well as the consent form signed by the patient. Percutaneous Nephrolithotripsy was the procedure of choice for Mr. Haley. Upon review of the operative note and anesthesia record, Dr. Belis performed a ureteroscopy and laser lithotripsy. There is no explanation in the medical record from the doctor as to why a different procedure was performed than that originally contemplated, as well as consented to by Mr. Haley. Dr. Belis stated that all visible stones were treated. The patient was under anesthesia for some two hours, and the procedure itself took over an hour. A stent was left in-dwelling, and the patient went home. Mr. Haley was subsequently seen later in the month I'or hydroneplu•osis on the let side along ' with renal failure. Apparently, he was made aware of Mr, Haley's urologic problems by a physician in the emergency department of Holy Spirit Hospital (Dr. Fajardo), It is unclear what Dr. Fajaro expressed to Dr. Belis during her phone calls on March 29, 2006. According to Dr.. Belis, only the urologic problem was addressed. According to Dr. Fajardo, she told Dr. Belis I that Mr. Haley had presented to the emergency department due to severe shortness of breath, and that she had evaluated the patient for a possible pulmonary embolism via the performance of a V-Q Scan. There is no indication in the hospital record that Dr. Belis was informed by Dr. Fajardo that the patient was complaining of shortness of breath, and Dr. Belis maintains that he did not know about this issue. In the medical record, there is another prescription, dated March 29, 2006, requesting a percutaneous nephrostomy. On the hospital presentation of this date, Mr. Haley had a creatinine of 5, 1, as well as a left hydronephrosis with an in-dwelling scent correctly placed from the earlier March procedure. The left staghorn calculus was still present in the left kidney. These findings are clearly documented on a CT scan without contrast done on March 30, 2006, prior to the nephrostomy tube placement. On the day of the nephrostomy tube placement (March 30, 2006); Dr. Belis saw Mr. Haley at Holy Spirit Hospital. There is no indication in the medical record that he wns aware of the respiratory problems that had caused Mr. Haley to present to the emergency department on the day prior. The only testimony suggesting that Dr. Belis was aware of the patient's shortness of breath is that of Dr. Fajardo, an assertion which is not supported in the medical record. Rather unfortunate medical events ensued after the patient was discharged from Holy Spirit Hospital, including continued shortness of breath which worsened on April 6, 2006. On that date, Mr. Haley was briefly evaluated by Dr. Belis, who arranged for a direct admission to Holy Spirit Hospital. Dr. Belis asked internist, Dr. Richard Schreiber, to assume care for Mr. Haley's apparent respiratory difficulties. Michael Haley died on April 7, 2006, with the cause of death indicated as a pulmonary embolus. It is my belief that the procedure undertaken by Dr. Be] is on March 6, 2006 (as opposed to the percutaneous nephrolithotripsy) exposed Mr. Haley to a greater risk of blood clot formation, in view of the length of the procedure, the. invasive nature 'of the procedure, and thee position in which the patent . n.9>ad e. gdarcJap carried olit. Specifically,--the p j,ient .? wasTivqhe lithotomy position during°tie. was under anesthesia r -tourVA' Comparing CT reports from before the procedure and again later in the month directly before the patient's death, the stone in the left kidney appears virtually unchanged. This finding calls into question Dr. Belis' judgment in performing the surgery which took place in which the patient was placed in a very compromising surgical position under anesthesia for two hours, Placement in the lithotomy position increased this patient's risk for the development of thromboembolic phenomena. This risk should have been appreciated by Dr. Belis, especially if Dr. Fajardo did make him aware of the patient's chest pain and shortness of breath. Mr. I laley's morbid obesity only added to the risk of clot formation. Because an unindicated procedure was chosen, renal failure ensued with the need for an urgent left percutaneous nephrostomy tube placement-the procedure that had been both indicated and planned the preceding month. In conclusion, had Mr. Haley undergone percutaneous nephrostomy in the first place, the risk of embolism would have been far lower. Furthermore, the development of renal failure would not + s have occurred. In view of these developments, in combination with Mr. Haley's morbid obesity, lie was placed at increased risk for the development of thromboembolic events. The physicians charged with evaluating Mr. Haley's complaints of shortness of breath should have appreciated this considerable risk. If, indeed, Dr. Fajardo and/or Mr. and Mrs. Haley made Dr. Belis aware of the complaint of shortness of breath and the manner in which this complaint was evaluated in the Holy Spirit emergency department, then on March 30, 2006, when Dr. Belis saw the patient in the hospital, he should have referred Mr. Haley to a pulmonary specialist immediately to both treat and diagnose this problem. If Dr. Belis knew about the symptoms described, then in my opinion, he breached the standard of care by failing to institute appropriate, immediate evaluation on March 30, 2006. I do find that Dr. Belis' actions on April 6 were appropriate and within the standard of care. Within a reasonable degree of medical certainty, these deviations from the standard of care by Dr. Belis contributed prominently to the adverse events which led to Mr. Haley's premature death. Sincerely, Michael Brodherson, M.D. >r Stu l?? Pulmonary & Critical Care Medicine 75 Francis St., PBH Clinics 3 Brigham & Women's Hospital Boston, Massachusetts 02115 Tel: 617.543.1554 email: dsystro rr part m.org April L. Strange-Kutay, Esq. GoldbergKatzman' Attorneys at Law 600-A Eden Road Lancaster, PA 17601 Fax: 717-509-0148 Re: Michael Haley Dear Ms. Strange-Kutay: HARVARD MEDICAL SCHOOL David M. Systroin, M.D. Associate Physician Assistant Professor of Medicine February 27, 2012 Thank you for allowing me to review the medical records in the above-mentioned case and defendant physicians' deposition testimonies. FACTS: In April of 2006 Mr. Haley was a 52 year old morbidly obese (6'l ", 3901bs) man followed by urologist John Bclis for cystinuria and nephrolithiasis. On 3/8/06 he underwent out- patient cystoscopy, ureteroscopy, laser lithotripsy and placement of ureteral stents. From 3/18- 22 he noted transient dyspnea on exertion, which resolved for 5 days, and then recurred (on 3/27/06). On 3/29, he was referred by his family physician to Urgent Care Center of Holy Spirit Hospital (HSH) Emergency Department, where he presented at 19:52 with chest pain, shortness of breath (SOB) and positional and respirophasic right upper abdominal pain. In the ED, his BP was 155/97, HR 122 BPM, respiratory rate 22 BPM, temperature 99.1 and Sp02 92% on room air. Dr. Fajardo considered pulmonary embolism (PE) in her differential diagnosis, did not order a PE-protocol CT of the chest due to acute kidney injury, but did perform a ventilation perfusion (V/Q) lung scan, which was read as "low probability". The patient was discharged after pain medication for urology follow-up and ureteral stent revision, which was accomplished on 3/31. On 4/6/06 SOB increased dramatically, he was seen briefly by Dr. Belis and referred to Dr. Richard Schreiber who saw him after admission to HSH at 5:40pm. He did not record the Sp02 of 89% on room air, but did note the lungs to be clear and absence of jugular venous distension. An ECG showed tachycardia and new rightward axis deviation. Although in his deposition testimony he concluded PE "was .... in my mind, yes" because of symptoms, prior surgery and obesity, he felt that given the prior V/Q scan results, it was " likely not to be the case". Rather he pursued cardiac diagnoses including unstable angina and requested a thransthoracic cardiac echo (TTE) and consultation. A creatinine returned later at 1.8 and no anticoagulation was initially ordered. On 4/7/06 the patient experienced severe ongoing SOB which prompted an order for an ABG, but he was not seen by Dr Schreiber until 3pm. The TTE showed pulmonary hypertension and ` a right. ventricular dilation. The formal note was dictated at 3:42pm, but an untimed handwritten interpretation appears to have been earlier. The patient coded at 4:35p and expired later that day, with the autopsy showing massive PE as the cause of death. OPINION: The following represents my medical opinion based upon a review of the medical records in this case and is true, I believe, beyond- a reasonable degree of medical certainty. I believe there were several departures from accepted standards of medical care in this case by both Drs. Fajardo and Schreibcr. Both doctors recognized that Mr. Haley was at risk for deep venous thrombosis (DVT) and PE. His risk factors included, age > 50 years, morbid obesity and a recent surgical procedure. They both recognized that he had symptoms and signs suggestive of PE and both considered PE in the differential diagnosis. These included shortness of breath, respirophasic chest or abdominal pain, and otherwise unexplained hypoxemia and on 4/7, ECG and TTE changes c/w pulmonary hypertension and RV strain. No alternative diagnosis, including volume overload/congestive heart failure was more likely than PE given a clear chest exam, normal heart exam and clear chest X-Ray. Neither recognized that as much as 40% of patients with a good clinical story for PE and a "low probability" V/Q scan in fact have PE. The latter V/Q interpretation is NOT sufficient to dismiss the diagnosis. Both physicians had alternative diagnostic and therapeutic modalities available to them, which if' pursued, more likely than not would have prevented Mr. Haley's death. A normal D-Dimer, though unlikely in the postoperative setting, would have been reassuring. A positive lower extremity Doppler ultrasound could have ruled in a DVT even with a normal lower extremity exam and led to treatment. And even if these tests had not been helpful, given the high clinical suspicion of PE, empiric unfractionated IV heparin bolus, given according to a weight based nomogram followed by a drip would have been mandated. If instituted promptly on either admission, there would have been sufficient time to (more likely than not) prevent recurrent PE which ultimately killed the patient. Finally, if therapeutic anticoagulation had been deemed unacceptable on the first admission because of pending surgery, an inferior vena cava filter could have been placed and would have been lifesaving. I hope these opinions are useful and look forward to further discussions concerning the case. Sincerely, David M. Systrom, M.D. . V. a CERTIFICATE OF SERVICE AND NOW, March 26, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Richard Schreiber, M.D. and Internists of Central Pennsylvania) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for John A. Belis, M.D. and Mid Penn Urology, Inc.) Thomas M. Chairs, Esquire OLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717)509-6141 ` Attorneys for Plaintiff t; NP-11 Ulu' 1 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff Medical Professional Liability Action V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants No. 08-1982 JURY TRIAL DEMANDED PLAINTIFF'S PETITION FOR COURT APPROVAL OF WRONGFLL DEATH AND SURVIVAL ACTION SETTLEMENT AND NOW COMES the Plaintiff, by her attorneys, Goldberg Katzman, P.C., who files this Petition requesting this Honorable Court to approve a proposed wrongful death and survival action settlement based on the following: This matter arises out of a medical negligence action, with date of injury April, 2006, occurring in Cumberland County, Pennsylvania. As a result of the alleged medical negligence, Plaintiff's decedent, Michael Haley, died on April 7, 2006. Plaintiff, Cathy Haley, spouse of the late Michael Haley was appointment Admini.stratrix of the Estate of Michael Haley. In March, 2012, Defendants offered $1,050,000 to settle the claim in this matter. 6. After careful consideration, Plaintiff has agreed to accept this offer. 7. In exchange for the payment of $1,050,000, the Plaintiff has executed a Release, as attached to this document as Exhibit "A". From the settlement proceeds of $1,050,000, Plaintiff requests this Honorable Court to approve the payment of attorney's fees of $367,500 to Goldberg Katzman, P.C. 9. From the net proceeds of $1,050,000, Plaintiff requests this Honorable Court to approve reimbursement of expenses to Goldberg Katzman, P.C., in the amount of $30,877.43. 10. There is no governmental lien in this case, including Medicare or Medicaid. 11. Upon payment of the requested attorneys' fees and expenses, the net settlement proceeds will amount to $651,622.57. 12. Accordingly, from the net proceeds of $651,622.57 Plaintiff requests this Honorable Court to approve payment of the allocation of 70% or $456,135.80 to the Estate for the wrongful death action, and 30% or $195,486.77 to the survival action. U. The Pennsylvania Department of Revenue has reviewed and approved this proposed allocation as evidenced by the letter attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court to approve this Petition for Compromise of Wrongful Death and Survival Settlement in accordance with the terms outlined in the Petition. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: _ April L. Strang-Ku , Attorney I.D. No. 600A Eden Road Lancaster, PA 17601 (717) 509-6141 Date: W--1 /,?-? Attorneys for Plaintiff EXHIBIT A 04--13-'12 10:29 TO- 2346808 FROM- UDASD Elem Sch POOOZ/VO04 '1'-Z51 r-boy FULL AND FINAL )RELEASE I. FOR AND IN Co NSMFRATION of the sum of $550,000 paid to the undersigned, receipt of which is hereby acknowledged; and for the promise of payment in the amount of $500,000 made by the Medical Care Availability and Reduction of Error Fund ("McaW'), the undersigned do fully release and discharge Richard Schreiber, M.D., Central Pennsylvania Physicians Itisk Retention Group, Amy Fajardo, M,D., Holy Spirit Hospital, John A. Be1is, M.D-, Mid Penn Urology, Inc-, Intmaists of Central Pennsylvania, Ltd, Mcare, all other persons, governmental entities, associations and corporations whether or not named herein, their heirs, executors, administrators, attorneys, successors, assigns and insurers, and their respective agents, servants and employees (hereafter referred to collectively as "Releasees"), from any or all causes of action, claims and demands of whatsoever kind on account of all lmowu and sown injuries, losses and damages allegedly sustained by the undersigned and, specifically, from any claims or joinders for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with all medical professional health care services rendered by the above manned Health Care Providers, and on account of which Legal Action was instituted by the undersiped in the Court of Common Pleas of Cumberland, Co., PA, Docket No. 08- 1982. All sums set forth herein constitute damages on account of personal physical injuries or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. The undersigned does understand, and agrees, that the acceptance of said sum is in full accord and satisfaction of a disputed claim and that the payment of said sum is not an admission of liability by any party named herein. 2. It is expressly understood and agreed that this release and settlement is intended to cover and does cover not only all now Imowu injuries, losses and damages, but any further injuries, losses and damages which arise from, or are related to, the occurrence set forth in the Legal Action noted above. 3. The undersigned hereby agrees, on her behalf and on behalf of her heirs, executors, successors and/or assigns, to satisfy any and all valid liens that have been asserted and/or which could be or may be asserted for reimbursement of any medical benefits or other benefits provided to the undersigned by a third party as a result of the injuries claimed in the Legal Action referenced herein. Further, the undersigned shall satisfy, by way of payment, reduction, and/or compromise, any and all Commonwealth of Pennsylvania Department of Public Welfare apd/oz Medicare and/or other statutory liens and conditional payments that have been, or may be, asserted against the plaintiff or the proceeds 1 04-13-'12 10;29 TO- 2346808 FROM- UDASD Elem Sch P0003/0004 T-251 F-659 of this settlement. The undersigned shall satisfy and otherwise comply with any requirement for a Medicare Set-Aside and/or statcttory and/or regvlatory provision or requirement regarding the protection of assets from these settlement proceeds for future medical care and treatnrxeat. Additionally, the undersigned hereby agrees, on her behalf and on behalf of her heirs, executors, successors and/or assigns, to indemnify and save forever harmless the Releasees named in this document from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to or arising from the Segal Action noted above- 4. In the event court approval is required for the settlement, cornprouuse or resolution of this claim, this settlement is conditioned upon plaintiff promptly undelt*ing any and all necessary action to obtain same. It is further understood and agreed that if Court approval is required for any aspect of the settlement of this clain that, notwithstanding the provisions of Pa. R.C.F. 229.1, defendant shall not be obligated to pay the settlement funds for a period of twenty (20) days from receipt of this executed Release or Court Order approving settlement, whichever is later, and, as further condition and agreement upon which this settlement is based, plaintiff agrees to waive any and all provisions of Pa. KC.P. 229.1 with respect to entitlement of interest . 5. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if the released parties are subjected to fuxtber legal action ox claim which could not have been instituted or presented had proper court approval been obtained by plaintiff, them plaintiff will indemnify the released parties for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claims or action, and for any judgment resulting from any =h claim of action. . 6. It is ftuther understood and agreed that Us is the complete release agreement, and that there are no written or oral understandings or agreements, dizecely or indirectly, connected with this release and settlement, that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. 7. It is fully understood and agreed that the amount promised to be paid by Mcare shall not become payable until December 31, 2012. 2 04-13-'12 10,29 TO- 2346808 FROM- UDASD Eleto Sch F0004/0004 T-251 F-659 g. It is further understood and agreed and made part hereof, that the undersigned, her family and representatives and her attorney(s) shall not comment, either directly or indirectly, on any aspect of this case or settlement to any member of the news media, or in any way publicize or cause to be publicized in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line eompuwr systems and law-related publications, the facts of this case, the existence of this settlement and the terms and conditions of this settlement. If the undersigned., her family, representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such docurn ut(s) and take whatever reasonable steps are necessary to seek to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. THE UNDERSIGNED BEREBY DECLAUS that the terms of this settlement have been completely read; and that she has discussed the terms of this settlement with legal counsel of her choice; and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above-mentioned, and for the expzess purpose of precluding forever any further or additional suits arising out of the aforesaid claims. IN wUNES,S WHEREOF, I have hereunto set my hand and seal this day of 201. AL Cathy L , Individually and ' ?stratrix of the Estate of Michael J. Haley, Deceased Social Security Number SWORN to and subscribed before me this Day of YI 20 )o NOTARY PUBLIC NOTARIAL SEAL MELISSA E WISE 3 Notary Public MILLERSBURG BORO.. DAUPHIN COUNTY My Commission Expires Jul 23, 2012 pennsytvania DEPARTMENT OF REVENUE April 27, 2012 April L. Strang-Kutay, Esquire Goldberg Katzman, PC 600 A Eden Road Lancaster, PA 17601 Re: Estate of Michael Haley File Number 2206-1028 Court of Common Pleas Cumberland County Dear Ms. Strang-Kutay: The Department of Revenue has received your correspondence on April 9, 2012. Attached was the petition to approve a compromise settlement to be filed on behalf of the above-referenced estate in regard to a wrongful death and survival action. It was sent to this office for the Commonwealth's approval of the allocation to the proceeds paid to settle the actions. According to the Petition, the 52 year old decedent died as a result of medical negligence. Decedent is survived by his wife and two children. Pursuant to the Supreme Court of Pennsylvania, damages recoverable under a survival action include those for future earnings, even where those earnings may be difficult to quantify. Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994). This is supported by the Commonwealth Court. Roberts v. Dungan, 574 A.2d 1193 (Cmwlth. Ct. 1990). A portion of the subject recovery, absent any facts to the contrary, therefore must be allocated to the survival action as compensation for the decedents lost earnings. Please be advised that based upon these facts and case law, the Department disagrees to the proposed allocation of a 100/0 split between wrongful death and survival action. However, for inheritance tax purpose only, this Department would not object to the allocation of the net proceeds of this action, $456,135.80 to the wrongful death claim and $195,486.77 to the survival claim. This is equal to a 70/30 split. Proceeds of a survival action are an asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42 Pa.C.S.A. §8302, 72 P.S. §9106, 9107. I trust that this letter is a sufficient representation of the Department's position on this matter. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Stycerely, r Shannon E. Baker Trust Valuation Specialist Inheritance Tax Division Bureau of Individual Taxes I PO Box 280601 1 Harrisburg, PA 17128 1 717.783.5824 1 shabaker@pa.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster. Pennsylvania. with first-class postage prepaid on the day of(aLc t? 2012. addressed to the following: Michael Pipa. Esquire Stevens & Lee 17 North Second Street, 16`x' floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Flhomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21 s` Street Camp Hill, PA 1701 1-3700 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire 00158444;v131 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff ',I Lt rf ,.i t 4r )rA is-it rl pp, ?r QVAP 1Vii` j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Medical Professional Liability Action Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants No. 08-1982 JURY TRIAL DEMANDED STATEMENT OF CONCURRENCE WITH PETITION FOR APPROVAL OF SETTLEMENT We, the beneficiaries of Michael Haley's Estate, have read the above-indicated Petition filed with the Court, and concur with the proposed distribution of settlement monies. In addition, there are no known creditors in existence, and no liens- medical or other - to satisfy. J? CA?1?ALEY SE MICHAEL HALEY, SON DOB: 3/7/89 ! CAITLYN HALEY, DAUGHTE DOB: 7/17/93 4 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document. upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the /g?ay of 2012, addressed to the following: Michael Pipa, Esquire Stevens & Lee 17 North Second Street, 16`h floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21 S` Street Camp Hill, PA 17011-3700 By Glenda J. Ebersol , Legal Secretary for April L. Strang-Kutay, Esquire {00158444;x1} GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff V. AMY FAJARDO, M.D.. HOLY SPIRIT HOSPITAL, JOHN A. BELLS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants Medical Professional Liability Action t-q-- rrz No. 08-1982 ?. N ? T < ED 3>- - C-) ZC ) C JURY TRIAL DEMANDED .7 r ORDER ST AND NOW, this day of 2012, upon the Plaintiffs Petition for Court Approval of Wrongful Death and Survival Action Settlement, IT IS HEREBY ORDERED AND DECREED THAT: 1. In exchange for the payment of $1,050,000, the Plaintiff has signed a Release with the Defendants of all claims arising from this incident. 2. From the settlement proceeds of $1,050,000, the payment of attorney's fees of $367,500 reimbursement of expenses to Goldberg Katzman, P.C. in the amount $30,877.43, 3. From the net settlement proceeds of $651,622.57, payment to the Estate of Michael Haley for further distribution is approved. 4. The allocation of 70% ($456,135.80) of the gross settlement proceeds of $651,622.57 to the wrongful death action and 30% ($195,486.66) of the gross settlement proceeds to the survival action is approved. Apf:l L. KJ -k"Lay. 4,71,. -. j --- A, Tq I h T1 10 rvl.`ckdet ?; ?a . G? Pleas ? L-- Ua m Not k". 6-!5f Comoro 1 Aoma 5 j`I't - as ,, 5, t s1 C c p "es wa . ? e?;,d -5'14111o GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff FILED-OFFICE Of THE PROTHONOTAR t 2012 JUL - 6 AM 11: 2 0 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHY L. HALEY, Individually and as Administratrix of the Estate of MICHAEL J. HALEY, Decedent, Plaintiff Medical Professional Liability Action V. AMY FAJARDO, M.D., HOLY SPIRIT HOSPITAL, JOHN A. BELIS, M.D., MID PENN UROLOGY, INC., RICHARD SCHREIBER, M.D., and INTERNISTS OF CENTRAL PENNSYLVANIA, LTD., Defendants TO THE PROTHONOTARY: No. 08-1982 JURY TRIAL DEMANDED Please mark the above-captioned matter as settled, discontinued and ended. Thank you. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: April L. Stranay, Esquire Attorney I.D. No. 46728 600A Eden Road Lancaster, PA 17601 (717) 509-6141 Date: 7 ' /01 {00604382;v 1 } CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the ) day of , 2012, addressed to the following: Michael Pipa, Esquire Stevens & Lee 17 North Second Street, 16th floor Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011-3700 By:J 01, ? Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire