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HomeMy WebLinkAbout04-0807SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, 167 Red Fox Lane Harrisburg, PA 17112 Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. 800 Poplar Church Road Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D,Y - P07 CG U i I i /Z- t CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned case, and forward a copy of the Writ to the Cumberland County Sheriff for service upon Defendants David Calcagno, M.D. and Vascular Associates, P.C. at their place of business at 800 Poplar Church Road, Cumberland County, Mechanicsburg, Pennsylvania. Jo h . Melillo, Esquire A GINO & ROVNER, P.C. Attorney I.D. No. 26211 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: February 24, 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. / ( Prothonotary (? Date: e .- C". ??llf?c Deputy r 4Q - l - l r C C: i f \J SHERIFF'S RETURN - REGULAR CASE NO: 2004-00807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCOTT SUSAN ET AL VS CALCAGNO DAVID MD ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon VASCULAR ASSOCIATES PC the DEFENDANT , at 1212:00 HOURS, on the 27th day of February , 2004 at 800 POPLAR CHURCH ROAD CAMP HILL, PA 17011 SALLY BAKERSMITH, a true and attested copy of WRIT OF SUMMONS by handing to MEDICAL ASSISTANT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this y J day of `71'U? 140 A. D. r L ? (?.. YGr?01i. rothonotary ' So Answers: R. Thomas Kline 03/01/2004 ANGINO & ROVNER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCOTT SUSAN ET AL VS CALCAGNO DAVID MD ET AL RICHARD SMIHT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CALCAGNO DAVID MD the DEFENDANT , at 1212:00 HOURS, on the 27th day of February , 2004 at 800 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to SALLY BAKERSMITH, MEDICAL ASSISTANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this U? day of YLi a ))ea. /a lx? `/ A.D. Lfh, se /.Y A*j Prothonotary' So Answers: A R. Thomas Kline 03/01/2004 ANGINO & ROVNER By: Sheriff THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendants SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 CIVIL ACTION - LAW V. JURY TRIAL DEMANDED DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, DATE: J/A'/f X THOMAS, THOMAS & HAFER, LLP BY: U? Sara W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 281437-1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the &-day of 24Gk_. ,2004: Joseph M. Melillo, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP By:? a Sarah W. Arosell, Esquire 281437-1 --- r _ a n`i fr; .•c` irn CD -?j THOMAS, THOMAS B HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendants SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiff and Plaintiff's counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). J?X . Prothonotary DATE: Mark Qt )-60/ 281485-1 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendants SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: JIAIIoy By:Cir Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 281485-1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE A COMPLAINT and RULE TO FILE A COMPLAINT on the following person by placing same in the United States mail, postage prepaid, on the day of Cj , 2004: Joseph M. Melillo, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire 281485-1 C1 u i) Tj r) 1. 77 -j C1 SUSAN Representative WILLIAM W. V. SCOTT, Personal of the Estate of SCOTT, JR., deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Civil DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo at patir de la fecha de ]a demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en ]a corte en forma escrita sus defensas o sus objeciones a Ins demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEMATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DiNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONS]EQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Susan Scott is the personal representative of the Estate of William W. Scott, Jr., deceased. 2. The Defendant David Calcagno, M.D., is a physician and surgeon with his principal place of business in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant Vascular Associates, P.C. is a corporation created under the laws of the Commonwealth of Pennsylvania, which at all relevant times employed Defendant David Calcagno, M.D. 4. Plaintiff's decedent William W. Scott, Jr., was seen by Richard A. Razzini, M.D. on May 28, 1998, and evaluated with regard to aching in his legs and varicose veins of the left leg. 5. A duplex scan was performed and revealed no clots in the venous system. 6. Reflux was demonstrated in the greater saphenous vein. 7. Dr. Razzini again evaluated Mr. Scott on September 1, 1999, because of worsening of his varicosities. 8. Surgery was discussed as a treatment and Dr. R.azzini noted that prior to surgery another duplex would be required. 9. The Defendant David Caleagno, M.D., saw Mr. Scott on April 26, 2001, and evaluated him because of complaints of pain, swelling and redness of the left leg. 10. A duplex scan was performed and confirmed the presence of clots in the leg. 11. Dr. Calcagno recommended warm compresses and anti-inflammatory agents. 12. Surgery was recommended in six months time if the inflammatory process had completely subsided. 13. Dr. Calcagno evaluated Mr. Scott on October 25, 2001, as a follow-up of his episode of phlebitis. 14. Dr. Calcagno recommended left greater saphenous vein stripping and excision of varicosities. 15. The surgery was scheduled for January 23, 2002. 16. On January 9, 2002, Mr. Scott was involved in a motor vehicle accident and was diagnosed with multiple contusions, lacerations, strains, and a concussion. 17. Following the accident, Mr. Scott's family physician, Dr. Brescia, continued to follow him and noted inflammation and phlebitis in the right hand. 18. Because of the automobile accident and its attendant trauma, Dr. Calcagno rescheduled the vascular stripping surgery to February 27, 2002. 19. Physical trauma, bruising, and contusions pose a known risk factor for the development of phlebitis and emboli as a complication of surgery, including the vascular stripping procedure that Dr. Calcagno had recommended to Mr. Scott. 20. Dr. Calcagno performed the surgery at the Grandview Medical Center in Cumberland County, Pennsylvania, on February 27, 2002. 21. Following the surgery, Mr. Scott was told to stay off his feet and he sat on his recliner with two pillows and a bolster pillow under his leg. 275195.1UNIT"T 2 22. On March 1, 2002, Mr. Scott was seen in the office of Vascular Associates, P.C. for removal of dressing from surgery. 23. He was evaluated by a nurse who noted swelling of the left thigh. 24. The left leg was wrapped with an ace bandage. 25. Mr. Scott was instructed to put his stocking back on and call the office if he had any increased swelling of the left leg. 26. Mr. Scott was also noted to have bruising of the left thigh and into the groin and also on the left calf at that time. 27. On March 13, 2002, Mr. Scott's two children found him dead at home. 28. A post-mortem exam was performed on March. 14, 2002, and it was determined that the cause of Mr. Scott's death was pulmonary emboli. 29. All of Plaintiffs damages as hereinafter related are the direct and proximate result of the negligence of Dr. Calcagno, acting within the course and scope of his employment and agency for Defendant Vascular Associates, P.C., in that he: a. failed to reevaluate Mr. Scott for inflammatory processes or emboli with duplex scan prior to his surgery; b. failed to postpone Mr. Scott's surgery following the automobile accident for at least three months; C. did not utilize a deep vein thrombosis prophylaxis regimen consistent with Mr. Scott's level of risk for the development of emboli; d. did not follow-up on the post-operative: findings recorded in his office chart by a nurse, showing leg swelling, and order a duplex scan to rule out a phlebitic or embolic process. 275195.IUMMVtT 3 30. Had Dr. Calcagno not violated the standard of care for the reasons listed above, the risk of a fatal embolic process would have been substantially reduced. 31. All of Plaintiff's damages are also the direct and proximate result of the failure of Dr. Calcagno to elicit Mr. Scott's informed consent for the operative procedure performed in February of 2002. 32. More specifically, Dr. Calcagno failed to inform and explain to Mr. Scott that he was at relatively high risk for the development of emboli as a result of the surgery, that he could elect to receive an additional duplex scan prior to the surgery as a precaution, and that the risk of embolic events was significantly increased because of the automobile accident and its attendant trauma unless surgery was delayed for at least three months following the date of the accident. 33. Had Dr. Calcagno provided all material facts necessary for Mr. Scott to provide informed consent, Mr. Scott would have delayed the surgery for at least three months following the accident and would not have agreed to the surgery without the performance of an additional duplex scan. COUNT I -- SURVIVAL ACTION Susan Scott, Individually and as Personal Representative of the Estate Of William W. Scott, Jr., Deceased, v. David Calcagno, M.D. and Vascular Associates, P.C. 34. Paragraphs 1 through 33 are incorporated herein by reference as if set forth in their entirety. 35. Plaintiff Susan K. Scott, Personal Representative of the Estate of William W. Scott, Jr., deceased, brings this action on behalf of the Estate of William W. Scott, Jr. under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, §2, 42 Pa.C.S.A. §8302. 36. Plaintiff claims on behalf of said Estate the damages suffered by the said Estate by reason of the death of the decedent, for the conscious pain and suffering prior to death, loss of 275195.1UMM\RT 4 income for decedent's life expectancy, and for all other damages sustained by the said Estate by reason of the death of the decedent. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - WRONGFUL DEATH Susan Scott, Individually and as Personal Representative of the Estate of William W. Scott, Jr., Deceased, v. David Calcagno, M.D. and Vascular Associates, P.C. 37. Paragraphs 1 through 33 are incorporated herein by reference as if set forth in their entirety. 38. Plaintiff Susan K. Scott, personal representative of the Estate of William W. Scott, Jr., deceased, brings this action for the wrongful death of William W. Scott, Jr. on behalf of all persons entitled to recover damages therefor under and by virtue of the Act of 1976, July 9, P.L. 586, No. 412, §2, 42 Pa.C.S.A. §8301. 39. Decedent did not bring an action for his injuries during his lifetime. 40. The following are the names of all persons entitled by law to recover damages for such wrongful death and their relationship to decedent: Name Relationshi Address Susan K. Scott Wife 167 Red Fox Lane Harrisburg, PA 17112 Adam Scott Son 167 Red Fox Lane Harrisburg, PA 17112 Brian Scott Son 167 Red Fox Lane Harrisburg, PA 17112 Michael Scott Son 413 Herman Avenue Lemoyne, PA 17043 275195.IUMM\RT 5 41. At the time of his death, William W. Scott, Jr. was fifty-one (51) years old, having been born January 4, 1951. 42. Defendants are liable to Plaintiff, Personal Representative of the Estate of William W. Scott, Jr., deceased, for damages as set forth herein. 43. As a result of the death of the decedent, the Scottchildren, identified in paragraph 29 above, have suffered a pecuniary loss, and have been, and in the future will be, deprived of the decedent's companionship, contribution, support, comfort, services, and so on, for all of which damages are claimed. 44. As a result of the death of decedent, Plaintiff has incurred funeral, burial, and related expenses, for all of which claim is made. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. R J s p Melillo, Esquire Aftorney I.D. No. 26211 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: April 28, 2004 275195.1UPoff"T 6 VERIFICATION I, Susan Scott, Plaintiff and Personal Representative of the Estate of William W. Scott, Jr., deceased, have read the foregoing and do hereby declare and affirm that the facts set forth therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 PA. CONS. SrA r. ANN. § 4904, relating to unworn falsification to authorities. WITNESS: Susan Scott Date: 41,30 10? CERTIFICATE OF SERVICE AND NOW, this 5 day of April, 2004, I, Robbie Tejchman Dunlap, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Rob ie Tejchman Dunlap c? r ?O O T 't fV C f? K CJ; SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. Defendants IN THE COUR'C OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Merit as to David Calcagno, M.D. I, Joseph M. Melillo, Esquire, certify that: (XX) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND (XX) 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. 1 Date: May 4, 2004 se M. Melillo, Esquire v CERTIFICATE OF SERVICE AND NOW, this 4 h day of May, 2004, I, Robbie Tejrhman Dunlap, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Robbie Tejchman Dunlap C s OO rnr r n m r y ? r= N --^I < cn SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED REVISED CERTIFICATE OF MERIT I, Joseph M. Melillo, Esquire, certify that: As To David Calca¢no. M.D. (XX) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND As To Vascular Associates, P.C. (XX) 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: May 21, 2004 J eph M:. Melillo, Esquire CERTIFICATE OF SERVICE AND NOW, this 21" day of May, 2004, I, Robbie Tejchman Dunlap, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 jcbm"aInDuhlap c? - ? n -„ r _ii'4'1 ? ??T _. N AT -<? ., y} i -.. .: ? \? r? . a?i -'" cam, C.J ?yry?17 G -'? KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright/Terence M. Pitt IDENTIFICATION NO. 25435/62610 446 NORTH LANE BOX 812 CONSHOHOCKEN, PA 19428-0812 610-940-2300 ATTORNEY FOR: Defendants, David Calcagno, M.D., and Vascular Associates, P.C. SUSAN SCOTT, Personal Representative COURT OF COMMON PLEAS of the ESTATE OF WILLIAM W. CUMBERLAND COUNTY SCOTT, JR., Deceased VS. DAVID CALCAGNO, M.D., and VASCULAR ASSOCIATES, P.C. NO. 04-807 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, David Calcagno, MD., and Vascular Associates, P. C., in the above-captioned matter. KEVIN H. WRIGHT & ASSOCIATES By 'vin H. right By; Terence M. Pitt /? c y "fl °G J? r `-? c.? .-tee _ p KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright/Terence M. Pitt IDENTIFICATION NO. 25435/62610 446 NORTH LANE BOX 812 CONSHOHOCKEN, PA 19428-0812 610-940-2300 SUSAN SCOTT, Personal Representative of the ESTATE OF WILLIAM W. SCOTT, JR., Deceased Vs. DAVID CALCAGNO, M.D., and VASCULAR ASSOCIATES, P.C. ATTORNEY FOR: Defendants, David Calcagno, M.D., and Vascular Associates, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-807 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, David Calcagno, M. D., and Vascular Associates, P. C., hereby demand a jury trial in the above-captioned matter, said jury to consist of twelve (12) jurors. KEVIN H. WRIGHT & ASSOCIATES By: Kevin H. Wright Terrence M. Pitt Attorneys for Defendants, David Calcagno, M.D., and Vascular Associates, P.C. n CD .L ? y Cpl G.O - j t.) THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 7171255-7231 Attorneys for Defendants SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 CIVIL ACTION - LAW DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C., Defendants JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, DATE: 7/j c, THOMAS, THOMAS & HAFER, LLP By. ?1 Sarah W. PArosell, Esquire I. D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 281437-1 2 o C ° a -n _ r - G . --1 ?n ? ?'? Il ? -??m ? ti - ` 4; _?-? -„ ,;_* .... !c, ' ?:? - rn -? , ` ,_ CJ sdI gc ASSOCIATES ,xe M. Pitt ?. 25435162610 .JCIC1%N• PA 19428-0812 2300 SUSAN SCOTT, Personal Repre$e tat IveOF WILLIAM W of the 'STATV Deceased SCOTT, JR. vs. . • DAVID CALCAGNO, N1• D and VASCULAR ASSOCIATES, P.C. udants.ascular Y.C. fXfe Associates avid1tNEy FOR'. v David CalcaBn°• M'D^ and COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. p4-807 NOS the Pennsylvania notified that pursuant t o date You are hereby twenty (ol days from the of Civil Procedure, You Rules have of filing to Answer the New matter. Respectfully submitted, RE%rIN H. WR'GHT a ASSOCIATES BY : Jul p fight Kevin H Pitt Terence M ior Defendant David Attorney lc gno M.D. David KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright/Terence M. Pitt IDENTIFICATION NO. 25435/62610 446 NORTH LANE BOX 812 CONSHOHOCKEN, PA 19428-0812 610-940-2300 ATTORNEY FOR: Defendants, David Calcagno, M.D., and Vascular Associates, P.C. SUSAN SCOTT, Personal Representative of the ESTATE OF WILLIAM W. SCOTT, JR., Deceased vs. DAVID CALCAGNO, M.D., and VASCULAR ASSOCIATES, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-807 ANSWER WITH NEW MATTER OF DEFENDANT, SCOTT CALCAGNO, M.D., TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 2. Denied as stated. It is admitted that Vascular Associates, P.C., is a corporation created under the laws of the Commonwealth of Pennsylvania with an address of 800 Popular Church Road, Camp Hill, PA 17055. The remaining allegations are denied as conclusions of law to which is no response is required. 3. Denied as stated. It is admitted that Dr. Calcagno is a physician in vascular surgeon with his principle place of business at Camp Hill, Cumberland County, Pennsylvania. 4. Denied pursuant to Pa. R.C.P. 1029(e:). 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. 1029(e). 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. R.C.P. 1029(e). 16. Denied pursuant to Pa. R.C.P. 1029(e). 17. Denied pursuant to Pa. R.C.P. 1029;e). 18. Denied pursuant to Pa. R.C.P. 1029(e). 19. Denied pursuant to Pa. R.C.P. 1029(e). 20. Denied pursuant to Pa. R.C.P. 1029(e). 21. Denied pursuant to Pa. R.C.P. 1029(e). 22. Denied pursuant to Pa. R.C.P. 1029(e). 23. Denied pursuant to Pa. R.C.P. 1029(e). 24. Denied pursuant to Pa. R.C.P. 1029(e). 25. Denied pursuant to Pa. R.C.P. 1029(e). 26. Denied pursuant to Pa. R.C.P. 1029(e). 27. Denied pursuant to Pa. R.C.P. 1029(e). 28. Denied pursuant to Pa. R.C.P. 1029(e). 29a-d. Denied. The allegations of this paragraph compose conclusions of law which require no response. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 30. Denied. The allegations of this paragraph compose conclusions of law which require no response. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 31. Denied. The allegations of this paragraph compose conclusions of law which require no response. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after. reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 32. Denied. The allegations of this paragraph compose conclusions of law which require no response. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 33. Denied. The allegations of this paragraph compose conclusions of law which require no response.. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. COUNT I 34. Answering Defendant incorporates by reference the responses contained in paragraphs 1 through 33 as though set forth fully at length herein. 35. Denied. This paragraph of Plaintiff's Complaint states conclusions of law to which no response is required. 36. Denied. The allegations of this paragraph compose conclusions of law which require no response.. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at, the time of trial. WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs. COUNT II 37. Answering Defendant incorporates by reference the responses contained in paragraphs 1 through 36 as though set forth fully at length herein. 38. Denied. This paragraph of Plaintiff's Complaint states conclusions of law to which no response is required. 39. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 40. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. Moreover, This paragraph of Plaintiff's Complaint states conclusions of law to which no response is required. 41. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 42. Denied. The allegations of this paragraph compose conclusions of law which require no response. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 43. Denied. The allegations of this paragraph compose conclusions of law which require no response:. To the extent a response may be required, it is specifically denied that any act or omission of answering Defendant caused or contributed in any way to any alleged injury of Plaintiff. To the contrary, any act or omission of answering Defendant did not cause or contribute to any alleged injury of Plaintiff, and any and all. medical care or treatment rendered to the Plaintiff by answering Defendant was rendered in accordance with the standard of care as set forth within the medical community. As to the Plaintiff's alleged harm, risk, injuries and losses incurred, they are denied since after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. 44. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted therein, and strict proof of same is demanded at the time of trial. WHEREFORE, Defendant demands judgment in his favor and against Plaintiffs. NEW MATTER 45. The nature, origin, causation, amount and extent of the injuries, damages, and losses claimed are at issue and answering defendant demands proof of same of plaintiff as required by law. 46. The accident or incident as alleged in plaintiff's Complaint is not the result of negligent conduct on the part of answering defendant. 47. The answering defendant is not responsible for persons, events, circumstances or conditions reasonably beyond his control. 48. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 49. Plaintiff's claim is barred by the applicable Statute of Limitations. 50. The plaintiff was fully aware and properly provided an informed consent to any and all care and treatment provided by answering defendant. 51. Any and all care and treatment provided by answering defendant was in accordance with the standard of care set forth within the medical community. 52. Plaintiff's claim is limited and/or barred by the terms of any Release which may have been signed by plaintiff. - WHEREFORE, defendant, David Calcagno, M.D., demands judgment in his favor and against plaintiff. Respectfully submitted, KEVIN H. WRIGHT & ASSOCIATES BY Kevin H. Wright Terence M. Pitt Attorney for Defendant David Calcagno, M.D. KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright/Terence M. Pitt IDENTIFICATION NO. 25435/62610 446 NORTH LANE BOX 812 CONSHOHOCKEN, PA 19428-0812 610-940-2300 SUSAN SCOTT, Personal Representative of the ESTATE OF WILLIAM W. SCOTT, JR., Deceased VS. ATTORNEY FOR: Defendants, David Calcagno, M.D., and Vascular Associates, P.C. COURT OF COMMON PLEAS CUMBERLAND COUNTY DAVID CALCAGNO, M.D., and VASCULAR ASSOCIATES, P.C. NO. 04-807 CERTIFICATE OF SERVICE_ I, Terence M. Pitt, Esquire, do hereby certify that a copy of the within Answer with New Matter of Defendant, David Calcagno, M.D., to Plaintiff's Complaint, was served upon all counsel by regular, first- class, postage pre-paid mail. Respectfully submitted, KEVIN H. WRIGHT & ASSOCIATES By:?c P6ff Kevin H. Wright Terence M. Pitt Attorney for Defendant David Cal.cagno, M.D. DATE: 5{-((, -QV 105-745\Answer with New Matter V E R I F I C A T I O N DAVID CALCAGNO, M.D., verifies that he is a defendant in the foregoing action and that the facts set forth in the foregoing Answers to plaintiff's Complaint, are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DAVID CALCAGNO, M.D. r_? ".? ii _? i . _... _-_ a ? ? [ 1 GJ ?.? ?- i ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID No.: 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: imelillo@angino-rovner.com SUSAN SCOTT, Personal Representative of the Estate of WILLIAM W. SCOTT, JR., deceased, Plaintiff V. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-807 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT SCOTT CALCAGNO, M.D.[sic] AND NOW comes Susan Scott, Personal Representative of the Estate of William W. Scott, Jr., deceased, Plaintiff, by and through her attorneys, Angino & Rovner, P.C., by Joseph M. Melillo, Esquire, and replies to the New Matter of Defendant (Scott Calcagno, M.D.[sic], as follows: 45. Defendant states a conclusion of law to which no response is required. 46. Defendant states a conclusion of law to which no response is required. 47. Defendant states a conclusion of law to which no response is required. 48. Defendant states a conclusion of law to which no response is required. 49. Defendant states a conclusion of law to which no response is required. 50. Defendant states a conclusion of law to which no response is required. 51. Defendant states a conclusion of law to which no response is required. 52. Defendant states a conclusion of law to which no response is required. WHEREFORE, Plaintiff demands judgment against Defendants. Date: August T 2004 Respectfully submitted, ANGINO & R.OVNER, P.C. Jo p Melillo A omey LD. 4o.26211 4503 N. Front Street Harrisburg, PA. 17110 (717)238-6791'. Attorney for Plaintiff 282753 VERIFICATION I, Joseph M. Melillo, Esquire, Attorney for Plaintiff, have read the foregoing and do hereby declare and affirm that the facts set forth therein are true and correct to the best of my knowledge, information and belief. The attached Reply to New Matter either involves conclusions of law, issues of law, or factual matters already set out in the Complaint which Plaintiff has already verified. I understand that this Verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. tel. Jo h . Melillo Date: August 26, 2004 CERTIFICATE OF SERVICE AND NOW, this a Aday of A u 5 , 2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing; same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin H. Wright, Esquire Terence M. Pitt, Esquire KEVIN H. WRIGHT & ASSOCIATES 446 North Lane Box 812 Conshohocken, PA 19428 Kathy A. ney 282753 n ?? ^? ° p -n r ?a --1 s •-. ' - ? C? . .-- ,y? Yrn .c- .`r'i -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL NO. 04807 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 TERENCE M PITT, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/13/04 TERENCE M PITT, ESQUIRE 446 NORTH IN PO BOX 812 CONSHOHOCKEN, PA 19428 610-940-2300 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) File #: M313886 By: Lisa Sheridan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL I No. 04807 TO: JOSEPH MELILLO, ESQ (PLAINTIFF) DAVID KOZLOFF NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/20/04 TERENCE M :PITT, ESQUIRE 446 NORTH :LN PO BOX 812 CONSHOHOCKEN, PA 19428 ATTORNEY FOR DEFENDANT INQUIRIES 13HOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Lisa Sheridan Enc(s): Copy of subpoena(s) Counsel return card File #: M313886 CMMMWFALTH OF pENNSYLVAN7A COUNPY OF CL*M RIA`D SUSAN SCOTT, PERSONAL REP Vs. File No. 04807 CALCAGNO, M.D., ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS }OR DTHIS BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE: 4009.22 DR FRANCIS BRESCIA, PO BOX 247, DAUPHIN PA 17018 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doctimants ATTA-CHEDF-M)DENDUM at MEDICAL LEGAL REPRODUCTIONS(AcMRSS1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;• cmipelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: TERENCE M PITT, ESQ ADDRESS: 446 NGRT H L N TELEPHONE: PA 19428 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M313886-01 DATE: _?,• o Se dl of the Court BY/TIHE COURT: je. Prothonotary/ 1 k, Civit Division -7 Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA SUSAN SCOTT, PERSONAL REP Vs. No. 04807 CALCAGNO, M.D., ET AL CUSTODIAN OF RECORDS FOR: DR FRANCIS BRESCIA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREALTMENT RENDERED TO: NAME: WILLIAM W SCOTT JR ADDRESS: 167 RED FOX LNN HARRISBURG PP., DATE OF BIRTH: 01/04/51 SSAN: 191429801 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE. AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ 7 NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR FRANCIS BRESCIA CUMBERLAND M313886-01 *** SIGN AND RETURN THIS PAGE *** COMDNWFALTH OF PENNSYLVANIA couNrY OF CLDOMF iAND SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL File No. 04807 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DWJt ENTS OORRD}i1 BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE- 4009.22 ORTHO INST OF PA, 875 POPLAR CHURCH RD, CAMP HILL PA 17011 TO: (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 hings: SEE ATTA-CBE"DDENDUM at MEDICAL LEGAL REPRODUCTIONS {A sJ940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ti this subpoena, together with the certificate of ccarpliance, to the party making thi= request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court order ampelIing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: TERENCE M PITT, ESQ ADDRESS: 446 NORTH I -N ;PA 19428 CKEN- TELEPHONE: _ SUPREME OOURT ID 0215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M313886-02 DATE: U1J `L Seal of the Court BY THE COURT: ? P ¢... Prothonnnotary erk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL No. 04807 CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: WILLIAM W SCOTT JR ADDRESS: 167 RED FOX IN HARRISBURG PA DATE OF BIRTH: 01/04/51 SSAN: 191429801 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE: AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ORTHO INST OF PA CUMBERLAND M313886-02 *** SIGN AND RETURN THIS IPAGE *** COMMONWEALTH OF PENNSYLVAI!TIA CDUNPY OF CLDOFRLAND SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL File No. 04807 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TCAL BILLING REQUESTED MINNS FOR DISCOVERY PURSUANT TO RULE 4009.22 GRANDVIEW SURGERY CTR, 205 GRANDVIEW AVE #100, CAMP HILL PA 17011 TO: (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 ATTtA HED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h this subpoena, together with the certificate of ccxrpliance, to the party making thi< request at the address listed above. You have the right to seek in advance the rea^.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- om pelting you to ca, ly with it. THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOLLOWING PERSON: NAME: TERENCE M PITT, ESQ ADDRESS: _ 446 NGR-TH ' N TELEPHONE: CKEN, PA 19428 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M313886-03 DATE: he I (hJ'/ S AI of the Court r t BY THE COUR77: 1, A? 9 /? , c?-- Prothonotary/Cler, Civil Division Deputy (Eff. 7/9T) ADDENDUM TO SUBPOENA SUSAN SCOTT, PERSONAL REP Vs. CALCAGNO, M.D., ET AL No. 04807 CUSTODIAN OF RECORDS FOR: GRANDVIEW SURGERY CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: WILLIAM W SCOTT JR ADDRESS: 167 RED FOX IN HARRISBURG PA DATE OF BIRTH: 01/04/51 SSAN: 191429801 ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO.I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] has DOCUMENTS been made and that no record of rtheyfothat a llowinghdocuments search been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or GRANDVIEW SURGERY CTR CUMBERLAND M313886-03 * * * SIGN AND RETURN THIS PAGE * * * ?-? H C ' ` - r _ 'i 7 C•v i -y ' fi7 := ?. ?`? __ i C,? i - j r'? ? -__? - C,,.3 . r, ? } Susan Scott, Personal Representative of the Estate of William W. Soott, Jr.,deceased vs Case No. 04-807 Civil David Calcagno, M.D., and Vascular Associates, P.C. Statement of Intention to Proceed To the Court: Susan Scott, Pers. Rep. of the Estate at Willi am W . intends to proceed with the above captioned matter. bco r., esease , Print Name Jos 9Rh M. Melillo Sign Name npA? ql-p Date: October 2007 Attomeyfor Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. Il Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. CERTIFICATE OF SERVICE AND NOW, this I I 'day of October, 2007, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Statement of Intention to Proceed was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Terence M. Pitt, Esquire Kevin H. Wright & Associates 34 Green Street P.O. Box 5011 Landsdale, PA 19446 Kathy A. oney .. ~,~~~Y 2~IQ~,~~ !8 Pig ~~ l~ CUPw` ~_ T .~ ~1,,~ ,!t , Sli SAI\ SCOTT, Personal IN THE COURT OF COMMON PI,EA~" Representative of the F.,state of CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM W. SCOTT, JR., deceased, Plaintiff NO. 04-807 Civil v. DAVID CALCAGNO, M.D. and VASCULAR ASSOCIATES, P.C. CIVIL ACTION -LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above-captioned case WITHDRAWN. Respectfully submitted, ~°,~~~ usan Scott, Personal Representative of the Estate of William W. Scott, Jr. l 67 Red Fox Lane Harrisburg, PA 171 12 TO THE PROTHONOTARY: Date S/~/ia 438405 CERTIFICATE OF SERVICE AND NOW, this ~ day of ~ 2010, I, Martie M. Manno, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Terence M. Pitt, Esquire Kevin H. Wright & Associates 34 Green Street P.O. Box 5011 Landsdale, PA 19446 .~`f , ~~ ie A. Manno 438405