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HomeMy WebLinkAbout08-3320s i IN THE COURT OF COMMON PLEAS FOR RICHARD COVERT 440 Union Hall Road ) Carlisle, PA 17013-8303 Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical ) Associates One Tyler Court ) Carlisle, PA 17013 and HEALING ARTS SURGICAL ASSOCIA'T'ES ) One Tyler Court Carlisle, PA 17013 ) Defendants. ) CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) No.. M -3Sa0 atVt'17" PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Kindly issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to: ? At rney Sheriff f Respectfully submitted, BY: U. osep S. Lukomski, quire .D. o.: 28532 James E. Hockenberry, Esquire I.D. No.: 91133 Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 28 C 215.953.2712 Dated: ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH 175 BUSTLETON PIKE, FEASTERVILLE, PA 19053-6456 P, 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. d - - -,.. P'r o t h o rei?Ca By: Dated: 3 8 Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 dgrill@tthlaw.com RICHARD COVERT, Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES Defendants. Attorneys for Deft: Richard L. Griffiths, D.O. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 08-3320 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFEND To: Prothonotary Please enter the appearance of the D.O. ig*d fdf Defendant, & Hafer, By: ID #6533P.O. Box Daniel L. rrontStreet 305 North Harrisburg, PA 17101 (717) 237-7115 dgrill@tthlaw.com Attorneys for Defendant Richard Lee Griffiths, D.O. 1 Dated: June 17, 2008 CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Sue-Ellen Danielsen Dated: June 17, 2008 602217.1 ra 0 ` w t,, C >- na b Lr? e HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 By: Amy B. Leonard Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 RICHARD COVERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical Associates, and HEALING ARTS SURGICAL ASSOCIATES Defendants ACTION NO.: 08-3320 (Civil Term) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wiley P. Parker, Esquire, and Amy B. Leonard, Esquire of the law firm of Henry & Beaver LLP, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates, the Defendants in the above-captioned matter. Dated: Co 20 WILEY P. PARKER I.D. #20653 MY V. EONA I . D. # 35 6 2 +' rz? Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 dgrill@tthlaw.com Attorneys for Defendant Richard L. Griffiths, D.O. RICHARD COVERT, Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 08-3320 JURY TRIAL DEMANDED PRAECREVORRULE TO MX TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above service of the rule or suffer a judgment of non Dated: June 17, 2008 By: ' l " Daniel L. Grill V I.D. No. 65339 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant Richard L. Griffiths, D.O. 20 days after 1 I P, LLP Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 dgrill@tthlaw.com Attorneys for Defendant: Richard L. Griffiths, D.O. RICHARD COVERT, Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 08-3320 JURY TRIAL DEMANDED TO: Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 SIR: You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer a judgment of non pros. dk4lt?74 P thono DATE: (0/18/08 CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, is employed by Thomas, Thomas & Hafer, LLP, hereby certifies that a copy of the foregoing Praecipe and Rule to File Complaint was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 e Dated: June 17, 2008 - Sue-Ellen Danielsen 602227.1 T''` C jY ? - __ HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 By: Amy B. Leonard Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 RICHARD COVERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. RICHARD LEE GRIFFITHS, D.O., ACTION NO.: 08-3320 (Civil Term) d/b/a Healing Arts Surgical Associates, : and HEALING ARTS SURGICAL ASSOCIATES Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO: THE PROTHONOTARY: Enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or judgment of non pros will be entered. WILEY P. PA ER I.D. #20653 Attorney for Defendants TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof or suffer judgment of non pros. C??x othonota -2- CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Praecipe for Rule to File a Complaint by regular United States mail, postage prepaid, on June ?, 2008 to the following: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH 175 Bustleton Pike Feasterville, PA 19053 _ _ ;,,..... Wiley P. Parker, ° G c? ?' • ?i?z F?v yj??' ?^ t ?1'' ?? -n^-, .? ?-.. CASE NO: 2008-03320 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COVERT RICHARD VS GRIFFITHS RICHARD LEE DO ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GRIFFITHS RICHARD LEE DO D/B/A HEALING ARTS SURGICAL ASSOC the DEFENDANT , at 1620:00 HOURS, on the 10th day of June , 2008 at ONE TYLER COURT CARLISLE, PA 17013 nTnTTTT]T1 T f'n7 =TTUC by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit 00 --?' _ Surcharge 10.00 R. Thomas Kline .00 4/I?/o8 33.00 06/11/2008 ROBERT ROVNER Sworn and Subscibed to B before me this day eputy S eriff of A.D. ? r S. CASE NO: 2008-03320 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COVERT RICHARD VS GRIFFITHS RICHARD LEE DO ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HEALING ARTS SURGICAL ASSOCIATES the DEFENDANT , at 1620:00 HOURS, on the loth day of June 2008 at ONE TYLER COURT CARLISLE, PA 17013 by handing to RICHARD L GRIFFITHS, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge t,//7/6F 9- So Answers: 6.00 .00 .00 fr f. 10.00 R. Thomas Kline .00 ? 16.00 06/11/2008 ROBERT ROVNER Sworn and Subscibed to before me this of By: day D ?puty Sh if A.D. Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 dgrill@tthlaw.com RICHARD COVERT, Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES Defendants. Attorneys for Defendant: Richard L. Griffiths, D.O. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 08-3320 JURY TRIAL DEMANDED JURY TRIAL DEMAND Pursuant to Pennsylvania Rule of Civil Procedure I request a jury trial in the above matter. , Defendant, Richard %? Date: ?//-7/* By: Daniel L. Grill, Es uire I.D. No. 65339 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 Attorney for Defendant Richard Lee Griffiths D.O. D.O. CERTIFICATE OF SERVICE AND NOW, this L_[day of , 2008, I, Sue-Ellen Danielsen, an employee of the law firm of Thomas, as & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 < z L -, & r?o, ? A? ? ? - Sue-Ellen Danielsen 602241.1 r.a c CUD rl c . 5 1 r 1 s ?,: - TT{ 771 C-n W IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, V. No.: 08-3320 RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical ) Associates and HEALING ARTS SURGICAL ASSOCIATES ) Defendants. ) CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 1. Plaintiff, Richard Covert, (hereafter `Plaintiff"), is an adult individual residing at 102 South Pitt Street, Apt. #12, Carlisle, Pennsylvania. 2. Defendant, Richard L. Griffiths, D.O., (hereafter "Defendant"), d/b/a Healing Arts Surgical Associates, is an adult individual and licensed professional and physician and who at all times material and relevant hereto, purported to specialize in general surgery, maintaining an office at c/o Healing Arts Surgical Associates, One Tyler Court, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 3. Defendant, Healing Arts Surgical Associates, (hereafter "Healing Arts"), is a business, company, entity, partnership, franchise, fictitious name, proprietorship or corporation existing and/or qualifying under the laws of the Commonwealth of Pennsylvania, with a principal place of business at One Tyler Court, Carlisle, Pennsylvania. 4. At all times material and relevant hereto, Defendant was the employee and/or agent and/or ostensible agent and/or apparent agent of Healing Arts. 5. At all times material and relevant hereto, Healing Arts acted through its agent, servant, workman, and/or employee, Richard Lee Griffiths, D.U., whose negligence is imputed to Healing Arts. 6. On or about May 19, 2006, Plaintiff presented to Defendant because of a recurrence of a ventral wall hernia, at which time, Defendant scheduled Plaintiff for a repair of his ventral wall hernia at Carlisle Regional Medical Center. 7. On or about June 15, 2006, Defendant performed a repair of Plaintiff's ventral wall hernia at Carlisle Regional Medical Center. As part of the procedure, Defendant surgically inserted polypropylene mesh into an infected site. 8. Following this June 15, 2006, surgery, Plaintiff developed a wound seroma, which was aspirated by Defendant on June 27, 2006. 9. Three (3) days later, after Plaintiff's surgical incision began to separate, known as wound dehiscence, Defendants placed retention sutures into the wound. 10. On August 15, 2006, Defendant diagnosed Plaintiff as having a recurrence of his ventral wall hernia and scheduled Plaintiff for a repair of his ventral wall hernia on October 5, 2006, as Carlisle Regional Medical Center. 11. On October 5, 2006, Plaintiff underwent a repeat surgery at Carlisle Regional Medical Center which was performed by Defendant, wherein the Defendant placed additional mesh on top of the mesh placed by Defendant during the surgery on June 15, 2006. Again, as part of the procedure, Defendant surgically inserted polypropylene mesh into an infected site. 12. At the time of the October 5, 2006, surgery, Defendant noted in his operative report that "[t]he wound from the previous repair had opened and mesh was clearly seen visible within the wound." 13. Despite the fact that the original mesh placed on June 15, 2006, had been exposed to air, Defendant nonetheless failed to remove said mesh during the surgery on October 5, 2006, and, moreover, placed additional mesh on top of it. 14. During the October 5, 2006, surgery, Defendant removed tissue from the wound for examination by pathology and cultures were sent to microbiology, the results of which indicated that the wound was infected. 15. Subsequent to the October 5, 2006, surgery, Plaintiff developed a serious post-operative wound infection, wound dehiscence, and a wound hematoma. 16. After the October 5, 2006, surgery, Plaintiff's surgical wound had to be debrided and aspirated by Defendant because of the severe infection. 17. At Plaintiff's last visit with Defendant on January 9, 2007, Defendant, as having a "chronic abdominal wound." 18. Following his last visit with Defendant, Plaintiff sought additional medical care from L. Peter Fielding, M.D., at the York Hospital Wound Healing Center because of his continuing abdominal wound, and continued to treat with said providers until August, 2007. COUNT I - NEGLIGENCE RICHARD COVERT V RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES 19. Paragraphs one (1) through eighteen (18) above are incorporate by reference herein as if set forth at length. 20. Defendant, as an agent, employee, servant, and/or workman of Healing Arts Surgical Associates, failed to provide reasonable healthcare under the circumstances and Defendant's acts and/or omissions fell below the applicable standard of care and his negligence consisted of the following: A. Permitting Plaintiff's post-operative wound site from the June 15, 2006, surgery, to remain open and exposed to the air, greatly increasing Plaintiff's risk of a serious infection; B. Placing retention sutures into the post-operative wound site from the June 15, 2006, surgery; C. Aspirating Plaintiff's post-operative wound site from the June 15, 2006, surgery, greatly increasing the risk of a serious infection; D. Placing mesh into an infected wound site on June 15, 2006; E. Failing to remove the mesh that was used to repair Plaintiff's ventral wall hernia on June 15, 2006; F. Placing additional mesh onto the mesh used on June 15, 2006, during the surgery of October 5, 2006; G. Placing additional mesh into an infected would on October 5, 2006; and, H. Performing aspirations of the post-operative wound site following the October 5, 2005, surgery, greatly increasing the risk of a serious infection. 21. As a direct and proximate result of the aforementioned conduct, acts, and/or omissions of Defendant, which conduct, acts and/or omissions are imputed to Healing Arts Surgical Associates, Plaintiff suffered the following: A. Severe infections; B. Having to undergo a second surgery by Defendant on October 5, 2006; C. Having to undergo numerous surgical debridements; D. Loss of his income; E. A future need to undergo plastic surgery to his abdomen; F. Great pain and suffering, including, but not limited to suffering pain in his hip, for which he could not receive corrective surgery because of the ongoing infection; G. Humiliation and embarrassment, including, but not limited to, leaking of the wound, staining of his clothes, having to obtain assistance from friends and neighbors, and loss of life's pleasures, including, but not limited to, physical exercise and social events/interaction; and, H. Expenses for medical supplies, including, but not limited to, gloves, bandages, and other dressings. 22. The aforesaid injuries caused Plaintiff to incur medical bills and/or expenses and/or healthcare liens for which Plaintiff is responsible and which are recoverable from the defendants herein pursuant to Section 508 of the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. §1303.101, et seq. WHEREFORE, Plaintiff, Richard Covert, respectfully requests that this Honorable Court enter judgment in his favor and against defendants, Richard Lee Griffiths, D.O., d/b/a Healing Arts Surgical Associates, and Healing Arts Surgical Associates, jointly and/or severally, in an amount in excess of $50,000. Respectfully submitted, BY: Joseph S. Lukomski, Esquire I.D. V. : 28532 Ja E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et a1. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 VERIFICATION I, JAMES E. HOCKENBERRY, ESQUIRE, being duly sworn according to law, deposes and says that he is authorized to make this Verification on behalf of the Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. J MES HOCKENBERRY, ESQUIRE DATED: July 25, 2008 It C::: ?-'? c:::a °ri r.... ?? i ? _ _ ta C:k:1 .i _ ,L, .-; _,.: ?_ -?+ - ;?n "; •• .__ ?} ,? - . ?- IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical ) Associates and HEALING ARTS SURGICAL ASSOCIATES ) Defendants. ) No.: 08-3320 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the attached Verification of Richard C. Covert for the undersigned's on Plaintiff's Civil Action Complaint. Respectfully submitted, BY: J sep S. Lukomski, Esquire I. No.: 28532 James E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et al. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 V E R Z F y C A T I o N RICHARD C COVERT being du 1.y sworn acco--:3i71a Lo law, vhLar_ t1f deposes and ; ay > that he; she :is the Plaintiff rerai.n and, facts set forth in the foregoing pleading are true and correct to 7-he 'Qest (D 11 his. her knowledge, it-if ormat ion, and bel of . ih, sLatement, is made subject. to the penalties of 18 PA.C.S. Section,. 4904 rela?4.ng to unsworn falsification to authorities. Dated :_ d _ ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH 175 BUSTLETON PIKE. FEASTERVILLE. PA 19653.6456 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, V. No.: 08-3320 RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical ) Associates and HEALING ARTS SURGICAL ASSOCIATES CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION Defendants. CERTIFICATE OF SERVICE I, James E. Hockenberry, counsel for Plaintiff in the above- captioned action, hereby certify that I served a true and correct copy of Plaintiff's Praecipe to Substitute Verification via first-class, United States mail, postage pre-paid on the day of July, 2008, as follows: Daniel L. Grill, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: ame E. Hockenberry, Esq. A orney for Plaintiff ?. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT V. Plaintiff, No.: 08-3320 RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical Associates HEALING ARTS SURGICAL ASSOCIATES ) Defendants. ) and CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION CERTIFICATE OF MERIT AS TO RICHARD LEE GRIFFITHS D.O. I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, c rtify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; D/OR s ? 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 defendant. Respectfully submitted, BY: Jos ph S Lukomski, Esquire I.D 28532 James E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et a1. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 r IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT ) Plaintiff, No.: 08-3320 V. RICHARD LEE GRIFFITHS, D.O., ) d/b/a Healing Arts Surgical ) Associates CIVIL ACTION - MEDICAL and PROFESSIONAL LIABILITY ACTION HEALING ARTS SURGICAL ) ASSOCIATES ) Defendants. ) CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiffs' Certificate of Merit as to Richard Lee Griffiths, D.O. via first-class, United States mail, postage pre-paid, on the J__ y6' day of August, 2008, as follows: Wiley P. Parker, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Daniel L. Grill, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, BY: J seph Lukomski, Esquire 1. 28532 James E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et a1. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 . ?;? ray 1; Co t ` ter c `tea a IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, No.: 08-3320 V. RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical ) Associates CIVIL ACTION - MEDICAL and PROFESSIONAL LIABILITY ACTION HEALING ARTS SURGICAL ASSOCIATES ) Defendants. ) CERTIFICATE OF MERIT AS TO HEALING ARTS SURGICAL CENTER I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 defendant. Respectfully submitted, BY: Jo eph S. Lukomski, Esquire I D. 28532 Ja E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et a1. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 40 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT ) Plaintiff, ) V. ) No.: 08-3320 RICHARD LEE GRIFFITHS, D.O., ) d/b/a Healing Arts Surgical ) Associates and ) HEALING ARTS SURGICAL ) ASSOCIATES ) Defendants. ) CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiffs' Certificate of Merit as Healing Arts Surgical Center via first-class, United States mail, postage pre-paid, on the -Ly-'? day of August, 2008, as follows: Wiley P. Parker, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Daniel L. Grill, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, BY: J eph S. Lukomski, Esquire I. o.: 28532 2 James E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et a1. 175 Bustleton Pike Feasterville, PA 19053 215-953-2712 ? ? ` ,-.. ? r `1 ? ?? ?? r ? : , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD COVERT TERM, CUMBERLAND -VS- CASE NO: 08-3320 RICHARD LEE GRIFFITHS, D.O., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, 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: 08/26/2008 DANIEL L. GRILL, ESQ Attorney for DEFENDANT R1.83 133-H DE11-0770073 82157-LO1 } t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT File No. 08-3320 VS. RICHARD LEE GRIFFITHS, D.O., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SPRING ROAD FAMILY PRACTICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RMXX **** at The MC Troup. Inc 1601 Market Street , Suite 800 Philade ia- 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 fait 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:. DANIEL L. GRILL. ESQ ADDRESS: 305 N. FRONTSTREET PO BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: 7 &1 IoA Seal of the Court BY OURT: 4Z Meg 4W51 Pro onotarylpor ivil sion Deputy 82157-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SPRING ROAD FAMILY PRACTICE 1921 SPRING ROAD CARLISLE. PA 17013 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.67S 133-H SU10-0745480 82157-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-COl RICHARD COVERT VS. File No. 08-3320 RICHARD LEE GRIFFITHS, D.O., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for READING 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: DANIEL L. GRILL. ESQ ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG- PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR:' " Defendant -AUG 2 6 2008 Date: oihi Los Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BY OURT: WE= off= Pr onotar?.ler ivi vision Deputy 82157-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: READING HOSPITAL MEDICAL RECORDS 6TH & SPRUCE ST READING. PA 19052 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file,,including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: 138-52-1859 Date of Birth: 05-29-1960 R1.67S 133-H SU10-0745482 82157-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT VS. RICHARD LEE GRIFFITHS, D.O., ET AL File No. 08-3320 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for READING HOSPIT i. 8c M .D R (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 Ca=. Inc 1601 Market Stree , 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 malting 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: DANIEL L. GRILL. ES ADDRESS: 305 N. FRONT STRFF.' TELEPHONE:_ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T7 OURT: Pro onotary / ivil 7Asion AU 36 O8 Deputy Date: 8 Seal of the Court 82157-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: READING HOSPITAL & MED. CENTER BILLING DEPARTMENT P.0 BOX 16052 WEST READING. PA 19612 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: 138-52-1859 Date of Birth: 05-29-1960 21.67S 133-H SU10-0745484 82157-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL, L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT VS. RICHARD LEE GRIFFITHS, D.O., ET AL File No. 08-3320 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAPITAL BLUE CROSS (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- P iladelphi& 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: DANIEL L. GRILL. ESO ADDRESS: 305 N. FRONT STREET PO BOX 999 liARRISBURQ, PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID ##: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: 31 DR Seal of the Court BY THE URT: Pro notary/Cl ion Deputy 82157-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAPITAL BLUE CROSS P.O. BOX 779503 HARRISBURG. PA 17177 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ID #800749728 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.67S 133-H SU10-0745486 82157-LO4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-COl RICHARD COVERT VS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-3320 RICHARD LEE GRIFFITHS, D.O., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOP WOUND HEALING CIR. (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 GE= 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: DANIEL L. GRILL. ESQ ADDRESS: -305 N. FRONT FETPO BOX 999 HARRTSB lR r, PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID M ATTORNEY FOR: Defendant BY OUR P ono Civil vision AU G 2 6 2008 Deputy Date: 7 31 Jog Seal of the Court 82157-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSP. WOUND HEALING CTR. 1399 S. QUEEN STREET LOWER LEVEL YORK. PA 17403 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical and billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.67S 133-H SU10-0745488 82157-LO5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SPRING ROAD FAMILY PRACTICE READING HOSPITAL READING HOSPITAL & MED. CENTER CAPITAL BLUE CROSS YORK HOSP. WOUND HEALING CTR. PHILIP BONGIORNO CONFERENCE MEDICAL RECORDS & BILLING MEDICAL RECORDS BILLING ONLY INSURANCE MEDICAL RECORDS & BILLING EMPLOYMENT TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 08/04/2008 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT CC: DANIEL L. GRILL, ESQ - 727-80954 Any questions regarding this matter, contact JOSEPH S. LUKOMSKI, ESQ. 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.67S 133-H DE02-0400203 82157-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT File No. 08-3320 VS. RICHARD LEE GRIFFITHS, D.O., ET AL. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHILIP BON IO NO CONFERENCE (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 .R **** at The M CS Ca=, Inc-- 1601 Market tree 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: DANIEL L. GRILL, ESQ ADDRESS: 305 N. FRONTS FEE PO BOX 999 HARRISBURG- PA 17108 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG 2 6 2008 Date: '7' L81. $ Seal of the Court BY THE URT: ,42 A-07-AkOCk Proth otary/Cler vil Di sion Deputy 82157-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHILIP BONGIORNO CONFERENCE 430 UNION HALL ROAD CARLISLE, PA 17013 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.67S 133-H SU10-0745490 82157-LO6 "' ' -ry t. a _ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COVERT GRIFFITHS, D.O. -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3320 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILEY PARKER, 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: 10/01/2008 MCS on behalf of WILEY PARKER, ESQ. Attorney for DEFENDANT R1.90 133-H DE11-0779453 86008-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COVERT COURT OF COMMON PLEAS TERM, -VS- GRIFFITHS, D.O. CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUM MS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21" PHILIP BONGIORNO CONFERENCE EMPLOYMENT TO: DANIEL L. GRILL, ESQ, PLAINTIFF COUNSEL MCS on behalf of WILEY PARKER, 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 WILEY PARKER ESQ. Attorney for DEFENDANT CC: WILEY PARKER, ESQ. - 016199/001 Any questions regarding this matter, contact DANIEL L. GRILL, ESQ 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17108 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0960 R1.71S 133-H DE02-0404474 86008-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COVERT File No. 08-3320 VS. GRIFFITHS, D.O. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHILIP 13ONGIORNO CONFERENCE _ (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 RJDM **** at The MCS C7roup nc , 1601 Market Street Suite 800 P iladelphia 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: NA?.NiE: ADDRESS: tt 'EPHONE: X2151246-0900 SUPREME WORT ID M ATTORNEY FOR- Defendant OCT 12D Date: Q .D D8 Seal of the Court BY COUR Protho Civil Division Deputy 86008-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHILIP BONGIORNO CONFERENCE 440 UNION HALL ROAD CARLISLE. PA 17013 RE: 86008 RICHARD C. COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING JOB EVALUATION, JOB DUTIES, DISCIPLINARY ACTION AND ALL COMMUNICATION BETWEEN EMPLOYEE AND EMPLOYER, AGENTS, SERVANTS AND/OR EMPLOYERS Any and all employment records, applications, files, memoranda, coTopensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : RICHARD C. COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 1.715 133-H SU10-0750962 86008-LO1 FTI [ 1 z- i'n r; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: RICHARD COVERT _VS_ RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-3320 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 11/07/2008 R1.93 116-H DANIEL L. GRILL, ESQ Attorney for DEFENDANT DE12-0257811 82157-L07 NOV-11-2008 15:05 ROVNER LAW OFFICES 215 355 0940 P.001/001 <iiii >0 1601 Marital Sft=t, Suite 800, Philadelphia Powuybania 19103 M.5) 246 - 0900 Fax Number MS) 246 - 0959 URGE iT! ! ! ! ! URGENV ! I I I URGENTI ! r I t NOVEMBER 7, 2048 RICHARD COVERT RicHARD COvERTVs RICHARD LEE GRIFFITHS, D.O., ET AL THOMAS, THOMAS, ET AL DANIEL L. GRILL, ESQ - (717) 237-7105 We have been requested by the abovementioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22. Please fax this form to us immediately at (215) 246-0959 with your sigaaiyre to that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, DARNELL SALREM c/ Custodians: APPALACHIAN ORTHOPEDIC CENTER - MEDICAL, BILLING, AND X-RAY(S) BRYANT GENERAL SUR+GMY - MEDICAL, BILLING, AND X-RAY(S) Co : JOSEPH S. LUKOMSKI, ESQ. (215) 355-0940 I agree to waive faiting perio d9,o0. .,. _ Date:!' 'of copies: Yes ? No I aSr44o PaY the invoice provided with the documents Review Documents: Ycs No? Advise of Cost I do not sgree to waive rule: Date: Billing Info: R1.93 116-M RRWI-6014904 82157-C01 TOTAL P.001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) BRYANT GENERAL SURGERY MEDICAL, BILLING, AND X-RAY(S) TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 11/07/2008 CC: DANIEL L. GRILL, ESQ - 727-80954 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. JOSEPH S. LUKOMSKI, ESQ. 1601 MARKET STREET 175 BUSTLETON PIKE #800 PHILADELPHIA, PA 19103 FEASTERVILLE, PA 19053 (215) 246-0900 R1.93 116-H D1102-0429778 82157-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT File No. 08-3320 ? VS. RICHARD LEE GRIFFITHS, D.O., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for APPALACHIAN ORTHOPEDIC 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 Group Inc.. 1601 Market Street, Suite a 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: DANIEL L. GRILL, ES ADDRESS: 305 N. FRONT STREE TELEPHONE: (215.) 246-0900 SUPREME COURT ID ATTORNEY FOR: Date: 1110 AV BY THE COURT: &/ &//,,// z4 T Z __ Prothonotary/Clerk, Civil Di •sion De uty Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DRIVE CARLISLE, PA 17013 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.93 116-H SU10-0759902 82157-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD COVERT TERM, CUMBERLAND -VS- CASE NO: 08-3320 RICHARD LEE GRIFFITHS, D.O., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 11/07/2008 DANIEL L. GRILL, ESQ Attorney for DEFENDANT R1.93 116-H DE12-0257814 82157-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT -VS- RICHARD LEE GRIFFITHS, D.O., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 APPALACHIAN ORTHOPEDIC CENTER MEDICAL, BILLING, AND X-RAY(S) BRYANT GENERAL SURGERY MEDICAL, BILLING, AND X-RAY(S) TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, 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: 11/07/2008 CC: DANIEL L. GRILL, ESQ - 727-80954 MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. JOSEPH S. LUKOMSKI, ESQ. 1601 MARKET STREET 175 BUSTLETON PIKE #800 PHILADELPHIA, PA 19103 FEASTERVILLE, PA 19053 (215) 246-0900 R1.93 116-H DE02-0429779 82157-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT VS. RICHARD LEE GRIFFITHS, D.O., ET AL File No. 08-3320 ? SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRYANT GENERAL SURGERY (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 Grow, 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: DANIEL L. GRILL. ES ADDRESS: 305N.FRONT STREE' TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Date: /? BY THE COURT: Prothonotary/Clerk, Civil Divi on D? uty J Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRYANT GENERAL SURGERY 3 SPRINT DRIVE STE A CARLISLE. PA 17015 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.93 116-H SU10-0759904 82157-LO8 ,...a `? c?? --?_ •?? "' r ?..? .? :' ?'" .. Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 irll @tthlaw.com dg Wiley P. Parker, Esquire Attorney ID: 20653 HENRY & BEAVER, LLP P.O. Box 1140 LEBANON, PA 17042 parker@henrybeaver.com RICHARD COVERT, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW RICHARD LEE GRIFFITHS, D.O., No: 08-3320 d/b/a HEALING ARTS SURGICAL : ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES : Defendants. NOTICE TO PLEAD TO: RICHARD COVERT, PLAINTIFF c/o Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE NEW MATTER WITHIN TWENTY (20) DAYS OF SERIYE HEREOF OR A OF NON PROS MAY BE ENTERED AGAINST YOU. submitted, Dated: / Z- Z d THO S THOMA & HA R, LLP By: l./ D iel L. Grill, Esquire Daniel L. Grill, Esquire Attorney ID: 65339 Thomas Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 (717) 237-7115 dgrillktthlaw.com Wiley P. Parker, Esquire Attorney ID: 20653 HENRY & BEAVER, LLP P.O. Box 1140 LEBANON, PA 17042 parker@henrybeaver.com KIUHARD UOVERT, Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ARTS SURGICAL ASSOCIATES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 08-3320 ANSWER WITH NEW MATTER OF RICHARD LEE GRIFFITHS, D.O. INDIVIDUALLY AND DB/A HEALING ARTS SURGICAL ASSOCIATES TO PLAINTIFF'S COMPLAINT AND NOW comes defendant RICHARD L. GRIFFITHS, D.O. Individually, and d/b/a HEALING ARTS SURGICAL ASSOCIATES (hereinafter "Answering Defendants"), by and through his counsel, and avers the following Answers to Plaintiff s Complaint. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth of the averments of this paragraph of the Complaint. 2. Admitted. Although it is admitted that Plaintiff is asserting a professional liability claim, it is denied that there is any validity to said claim. 3. Denied. This paragraph of the Complaint purports to pertain to an entity other than to the answering defendants and no answer is therefore required. By way of further answer, it is believed that Healing Arts Surgical Associates is simply a fictitious name under which Dr. Griffiths advertises his practice. Upon further information and belief, it has no assets and is not insured. 4. Denied. The averments of this paragraph of the Complaint are specifically denied. In addition, the answer to paragraph 3 above is incorporated herein by reference. 5. Denied. The averments of this paragraph of the Complaint are specifically denied. In addition, the answer to paragraph 3 above is incorporated herein by reference. 6. Admitted in part and Denied in part. It is admitted that the first office visit by the Plaintiff to Dr. Griffiths occurred on or about May 19, 2006. The balance of the averments are denied, because the medical records speak for themselves. To the extent that the averments of this paragraph of the Complaint contradict the medical records in any way, such allegations are further specifically denied. 7. Admitted in part and Denied in part. It is admitted that on or about June 15, 2006, Dr. Griffiths performed surgery on the Plaintiff at Carlisle Regional Medical Center. All other averments are denied because the medical records speak for themselves. To the extent that these averments contradict the medical records, such averments are further specifically denied. It is further specifically denied that Dr. Griffiths inserted mesh into an infected site. Strict proof to the contrary is demanded at trial. 8. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. Moreover, the medical records speak for themselves and, to the extent that the averments of this 2 paragraph of the Complaint are at variance with the medical records, such averments are further specifically denied. 9. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. 10. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. 11. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1.029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. By way of further answer, it is specifically denied that Dr. Griffiths "placed additional mesh on top of the mesh placed by Defendant during the surgery on June 15, 2006." It is also specifically denied that Dr. Griffiths "surgically inserted polypropylene mesh into an infected site." 12. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. 13. Denied. Each and every averment of this paragraph of the Complaint is specifically denied and strict proof to the contrary is demanded at trial. The averments are also denied generally pursuant to Pa.R.C.P. 1029(e). 14. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. Moreover, the medical records speak for themselves and, to the extent that the averments of this paragraph of the Complaint are at variance with the medical records, such averments are further specifically denied. 15. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). Moreover, the medical records speak for themselves and, to the extent that 3 the averments of this paragraph of the Complaint are at variance with the medical records, such averments are further specifically denied. 16. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. Moreover, the medical records speak for themselves and, to the extent that the averments of this paragraph of the Complaint are at variance with the medical records, such averments are further specifically denied. 17. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Griffiths provided medical care to the Plaintiff. Moreover, the medical records speak for themselves and, to the extent that the averments of this paragraph of the Complaint are at variance with the medical records, such averments are further specifically denied. In addition, all averments of this paragraph of the Complaint are denied because the language is unintelligible. In addition, it is believed that Plaintiff's last visit with Dr. Griffiths was not January 9, 2007, but rather was January 30, 2007. 18. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth of this averment in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof is demanded at trial, if relevant. Additionally, this paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). 4 COUNTI RICHARD COVERT V. RICHARD LEE GRIFFITHS, D.O. DB/A HEALING ARTS SURGICAL ASSOCIATES AND HEALING ARTS SURGICAL ASSOCIATES NEGLIGENCE 19. Answering Defendants incorporate herein by reference their answers to paragraphs 1 through 18, inclusive, of Plaintiff's Complaint, as if same were set forth herein in their entirety. 20. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). By way of further answer, all averments of negligence, wrongdoing and acts/omissions not meeting the standard of care are specifically denied and it is averred to the contrary that Dr. Griffiths provided reasonable, prudent and appropriate care throughout his treatment of Mr. Covert. It is specifically denied that Dr. Griffiths acted as an agent of Healing Arts Surgical Associates, and further specifically denied that Dr. Griffiths failed to provide reasonable healthcare. All averments of negligence stated at subparagraphs A-H are also specifically denied. 21. Denied. This paragraph of the Complaint, including subparagraphs A-H, is denied generally pursuant to Pa.R.C.P. 1029(e). All inferences of negligence are specifically denied and it is averred to the contrary that at all applicable times, Dr. Griffiths acted reasonably, prudently, and within the standard of care. As to subparagraphs C-H, after reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth of such averments in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant.. 5 22. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). By way of further response, after reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth of averment in that the means of proof are within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendant Richard Lee Griffiths, D.O. d/b/a Healing Arts Surgical Associates, demands that Judgment be entered in his favor dismissing the Plaintiffs Complaint and awarding costs, counsel fees, and other relief as provided by applicable law. NEW MATTER DIRECTED TO THE PLAINTIFF By way of further and more complete answer, Defendants assert the following new matter: 23. Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted. 24. Some of the Plaintiff s claims are barred by the applicable statute of limitations. 25. Answering Defendants at all times pertinent hereto strictly adhered to the applicable standard(s) of care, and no conduct of Answering Defendant was a proximate cause of the alleged injuries or damages to Plaintiff. 26. Plaintiffs claims are barred and/or limited by the provisions of the Pennsylvania Health Care Services and Malpractice Act. 27. Plaintiffs alleged damages were caused solely by the acts, conduct, negligence, carelessness and/or recklessness of individuals and/or entities over whom Answering Defendants have no control, nor any right to control, nor any duty to control. 6 28. Plaintiff's claims are barred and/or limited by the Doctrine of Contributory Negligence or by the Doctrine of Comparative Negligence. 29. Plaintiff's claims are barred by the Doctrine of Assumption of the Risk. 30. Rule 238 concerning damages for delay is unconstitutional and all allegations or assertions for delay damages are barred. 31. Section 606 of the Health Care Services Malpractice Act provides that, in the absence of a special contract in writing, a health care provider is neither a warrantor nor a guarantor of a cure, and such provision bars the claim of the Plaintiff in this case. 32. Plaintiff's claim, the existence of which is specifically denied, 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. 33. Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (MCARE) Act a/k/a Act 13 of 2002, 40 P. S. § 1303, et seq., as a 1}iit/barred to Plaintiff's claims. WHEREFORE, Answering Defendant, Richard . Griffiths, D.O. demo: his favor, dismissing the Plaintiffs Complaint and awards g costs, counsel fees, as provided by applicable law. THOMAS, T40MAS & R/, By: J ag ent in )th r relief 1 Danielk. Grill, Esquire I.D. No. 65339 305 North Front Street Harrisburg, PA 17108-0999 Phone: (717) 237-7115 Attorneys for Defendant, Richard L. Griffiths, D.O. 7 HENRY BE R LL By: Wjtley P. Parker, Esquire I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendant, Richard L. Griffiths, D.O. 8 RICHARD COVERT, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW RICHARD LEE GRIFFITHS, D;O., No: 08-3320 d/b/a HEALING ARTS SURGICAL ASSOCIATES and HEALING ART'S : ANSWER AND NEW MATTER SURGICAL ASSOCIATES Defendants. VERIFICATION I, Richard Lee Griffiths, D.O., hereby state and aver that I have read the foregoing Answer with New Matter to Plaintiffs Complaint which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. J Kt Richard Lee GriffithsQ D.O. Dated: -/0/J 602256.2 CERTIFICATE OF SERVICE I, Nora A. Starnes, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing Answer and New Matter by placing a copy of the same in the United States Mail, postage prepaid, to the following: Joseph S. Lukomski, Esq. James E. Hockenberry, Esq. Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Nora A. Starnes Date: .??/ate IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, No.: 08-3320 V. RICHARD LEE GRIFFITHS, D.O., di b; a Healing Arts Surgical ) Associates CIVIL ACTION - MEDICAL and PROFESSIONAL LIABILITY ACTION HEALING ARTS,SURGICAL ASSOCIATES ) Defendants. ) PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 23-33. Denied. Said averments are denied generally pursuant to Pa.R.C.P. 1029(e). In addition, said averments are legal conclusions to which no response is required. Respectfully submitted, BY: J seph S. Lukomski, Esquire I. o.: 28532 James E. Hockenberry, Esquire I.D. No.: 91133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et--- al. 175 Bustleton Pike Feaster.ville, PA 19053 215-953-2712 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, V. No.: 08-3320 RICHARD LEE GRIFFITHS, D.O., d/b/a Healing Arts Surgical Associates and HEALING ARTS SURGICAL ASSOCIATES ) Defendants. ) CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION CERTIFICATE OF SERVICE I, James E. Hockenberry, counsel for Plaintiff in the above- captioned action, hereby certify that I served a true and correct copy of Plaintiff's Response to Defendants' New Matt via first- class, United States mail, postage pre-paid on the 94r day of December, 2008, as follows: Daniel L. Grill, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: ?jney E. Hockenberry, Esq. for Plaintiff ? Fri T CO -c CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COVERT COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- GRIFFITHS, D.O. CASE NO: 08-3320 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY LEONARD, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/26/2008 AMY LEONARD, ESQ. Attorney for DEFENDANT R2.00 133-H DE11-0824846 86008-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COVERT -VS- GRIFFITHS, D.O. COURT OF COMMON PLEAS TERM, CASE NO: 08-3320 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BRYANT GENERAL SURGERY MEDICAL RECORDS WELLSPAN SURGICAL SERVICES MEDICAL RECORDS YORK HOSPITAL MEDICAL RECORDS TO: JAMES E. HOCKENBERRY, ESQ., PLAINTIFF COUNSEL DANIEL L. GRILL, ESQ MCS on behalf of AMY LEONARD, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/04/2008 CC: AMY LEONARD, ESQ. JAMES E. HOCKENBERRY, ESQ. 175 BUSTLETON PILE FEASTERVILLE, PA 19053 - 016199/001 MCS on behalf of AMY LEONARD, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.76S 133-H DE02-0441458 86008-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COVERT vs. GRIFFITHS, D.O. File No. 08-3320 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRYANT GEhTJUL SURGERY (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 RinER **** at The MCS Ca=. 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: AMY LEONARD, ESO. ADDRESS: 937 WILLOW STREET P.O. BOX 1140 LEBANON. PA 17042 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Date: 12ZI/12 - Seal of the Court BY COURT: Pr thono t ' Division Deputy 86008-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRYANT GENERAL SURGERY 3 SPRINT DRIVE STE A CARLISLE. PA 17015 RE: 86008 RICHARD C. COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD C. COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.76S 133-H SU10-0763180 86008-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COVERT TERM, CUMBERLAND -VS- CASE NO: 08-3320 GRIFFITHS, D.O. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY LEONARD, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 12/26/2008 AMY LEONARD, ESQ. Attorney for DEFENDANT R2.00 133-H DE11-0824851 86008-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COVERT VS. File No. 08-3320 GRIFFITHS, D.O. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WELLSPAN SURGICAL SERVICES (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 ATTAC D RIDER**** at The MC roam Inc 1601 Market Street, Suite 800- p ilad lplia, 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: AMY LEONARD. ES ADDRESS: 937 W1T.T.nw gTRFF LEBA ION. PA 17042 TELEPHONE: (215) 246-0900 SUPREME COURT ID ATTORNEY FOR: Date: v Seal of the Court BY T OURT: Pro onotary?Qevil ivision Deputy 86008-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WELLSPAN SURGICAL SERVICES 25 MONUMENT ROAD SUITE 160 YORK. PA 17403 RE: 86008 RICHARD C. COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD C. COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 R1.76S 133-H SU10-0763182 86008-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS COVERT TERM, CUMBERLAND -VS- CASE NO: 08-3320 GRIFFITHS, D.O. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of AMY LEONARD, ES 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: 12/26/2008 R2.00 133-H MCS on behalf of AMY LEONARD, ESQ. Attorney for DEFENDANT DE11-0824853 86008-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COVERT VS. GRIFFITHS, D.O. File No. 08-3320 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK 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 Grog. Inc., 1601 Market Street, Suite 800, P ilad lphia. 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: AMY LEONARD. ES ADDRESS: 937 WILLOW STRE P.O. BOX 1140 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Date: Seal of the Court BY T z0URT: - Z4 Pro onotary/ ivi D' 'sion Deputy 86008-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSPITAL MEDICAL RECORDS DEPT. 1001 S. GEORGE ST. YORK. PA 17405 RE: 86008 RICHARD C. COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : RICHARD C. COVERT 440 UNION HALL ROAD, CARLISLE, PA 17013 Social Security #: 138-52-1859 Date of Birth: 05-29-1960 R1.765 133-H SU10-0763184 86008 -LO4 «..? ,3 ?- , e -'! ..n _ ? C.... -r Mt S'?? --t't ;'?? 5 P.?? t CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS RICHARD COVERT TERM, CUMBERLAND -VS- CASE NO: 08-3320 RICHARD LEE GRIFFITHS, D.O., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, 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: 03/09/2009 DANIEL L. GRILL, ESQ Attorney for DEFENDANT R2.07 116-H DE11-0861315 82157-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: RICHARD COVERT COURT OF COMMON PLEAS TERM, -VS- RICHARD LEE GRIFFITHS, D.O., ET AL CASE NO: 08-3320 THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. LAWRENCE PETER FIELDING MEDICAL, BILLING, AND X-RAY(S) TO: JOSEPH S. LUKOMSKI, ESQ., PLAINTIFF COUNSEL WILEY PARKER, ESQ. MCS on behalf of DANIEL L. GRILL, ESQ serve intends identical to the one that is attached to this notice. Youohave 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: 02/13/2009 MCS on behalf of CC: DANIEL L. GRILL, ESQ 727-80954 DANIEL L. GRILL, ESQ Attorney for DEFENDANT JOSEPH S. LUKOMSKI, ESQ. ROVNER, ALLEN, ET AL 175 BUSTLETON PIKE FEASTERVILLE, PA 19053 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-81S 133-H DE02-0471964 82157-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD COVERT File No. 08-3320 VS. RICHARD LEE GRIFFITHS, D.O., ET AL : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR LAWRENCE PETER FIELDING (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 p, Inc., 1601 Market Street, Suite 800. P i ad jpl a, 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: DANIEL L ADDRESS: 305 N. FR( TELEPHONE: , (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 'MAR '09 m Date: Z,? JQd `I Seal of the Court BY THE COURT: 151 d:'L? 4 0' 2 Prothonotary/Clerk, Civil Division ?i utiGt. r Deputy 82157-09 ?1 f EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. LAWRENCE PETER FIELDING 1001 SOUTH GEORGE ST YORK. PA 17405 RE: 82157 RICHARD COVERT Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PATHOLOGY. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : RICHARD COVERT 102 SOUTH PITT STREET, CARLISLE, PA 17013 Social Security #: XXX-XX-1859 Date of Birth: 05-29-1960 1.81S 133-H SU10-0772494 82157-LO9 r-? c? _.; , ? rte---` ra .? rr_. .? ?:?,.? .?.- W $;?:% " -_t?'. --? ?, ;? ??T"+ ?pr7 .. C...` ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukomski, Esquire I.D. No.: 28532 !gy: James E. Hockenberry, Esquire I.D. No.:91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 RICHARD COVERT Plaintiff, V. RICHARD LEE!,GRIFFITHS, D.O., et al. Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA No.: 08 - 3320 MOTION FOR ADMISSION PRO HAC VICE PURSUANT TO PA B A R 301 Richard Covert, (hereafter "Plaintiff'), by and through hes undersigned counsel, hereby files this,.Motion for Admission Pro Hac Vice Pursuant to Pa.B.A.R. 301, and avers the following in support thereof: 1. Plaintiff retained the undersigned counsel to represent him in his claim for injuries-;sustained as a result of alleged medical negligence by Richard Lee Griffiths, D.O. 2. Plaintiff commenced this medical malpractice civil action via Writ of Summons in the"Court of Common Pleas for Cumberland County, Pennsylvania on or about May 29, 2008, against, Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates, (hereafter collectively "Defendants"). 3. Ptaintiffs filed a complaint on or about July 28, 2008, asserting medical professional negligence by Defendants 4. Irwin L. Lifrak, M.D., Esquire, (hereafter "Lifrak"), is board-certified in internal medicine and a member in good standing of the bar of the State of New Jersey and United States District Court for the District of New Jersey, with a law office at 27 Cedar Street, Mount Holly, New Jersey. (See Verified Statement Pursuant to Pa.R.C.P. 1012.1(c), attached hereto as Exhibit "A" and Curriculum Vitae attached hereto as Exhibit "E"). 5. Lifrak is a member in good standing of the bar of each of the above-listed courts, having been admitted to both bars in 1998, and is not under suspension or disbarment of any court. (A true and correct copy of a Supreme Court of New Jersey Certificate of Good Standing is attached hereto as Exhibit "B"). 6. Lifrak has approximately 11 years of experience in the legal practice of claims involving professional medical negligence. 7. Defendants will not be prejudiced in any way if Lifrak is admitted to the bar of this Court pro, hac vice. 8. fVo good cause exists to deny the admission of Lifrak pro hac vice 9. Plaintiffs current undersigned counsel, both of whom are members in good standing of the bar of the State of Pennsylvania, will remain counsel in this matter. 10. Lifrak has obtained a fee payment certification as required by 204 Pa.Code §81.503 with regard to his pursuit for admission pro hac vice in this matter. (See Exhibit "C" attached hereto). 11. Thee undersigned sponsor's verified statement pursuant to Pa.R.C.P. 10212.1(d)(2) is attached hereto as Exhibit "D"). WHEREFORE, Joseph S. Lukomski, Esquire and James E. Hockenberry, Esquire, respectfully requests that this Honorable Court enter an order admitting Irwin L. Lifrak, M.D., Esquire pro hac vice to serve as co-counsel for Plaintiff, Richard Covert. Respectfully submitted, BY: seph S. Luko ki, Esquire es E. Hoc ken erry, Esquire ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukomski, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire Counsel for Plaintiff I.D. No.:91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 RICHARD COVERT COURT OF COMMON !PLEAS FOR CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. No.: 08 - 3320 RICHARD LEE'GRIFFITHS, D.O., et al. Defendants. CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Motion for Admission Pro Hac Vice Pursuant to Pa.B.A.R. 301 via first-class, United States mail, postage pre-paid, on the " day of November, 2009, as follows: Wiley P. Parker, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box,,1140 Lebanon,` PA 17042-1140 Daniel L" Grill, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17108 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH BY: J es E. ckenberry, Esquire EXHIBIT "A" ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukomski, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.:91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 RICHARD COVERT Plaintiff, V. RICHARD LEE` kIFFITHS, D.O., et al. Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA No.: 08 - 3320 VERIFIED STATEMENT PURSUANT TO Pa R C P 1012.11(c) OF CANDIDATE IRWIN L. LIFRAK. M.D ESQUIRE I, Irwin L. Lifrak, M.D., Esquire, having been duly sworn, hereby make this Verified Statement pursuant to Pa.R.C.P. 1012.1(c) in Support of the foregoing Motion for Special Admission of Co-Counsel on behalf of Plaintiffs, George and Ursula Alfredson, h/w, and state as follows: 1. 1 have been licensed to practice law in the State of New Jersey since 1998, and before the United States District Court for the District of New Jersey since 1998. My bar license number is 009341998. 2. 1 am not and have never been licensed to practice law in another jurisdiction. 3. 1 hove never been suspended, disbarred, or otherwise disciplined by any jurisdiction, specifically including the State of New Jersey. 4. 1 am not the subject of any disciplinary proceedings in any jurisdiction, specifically including the State of New Jersey. 5. 1 have applied for admission pro hac vice in three (3) other courts of record in Pennsylvania and was granted admission pro hac vice. No motion for my admission pro hac vice has ever been denied. 6. 1 shall comply with and be bound by the applicable statutes, case law and procedural rules of the Commonwealth of Pennsylvania, including the Pennsylvania Rules of Professional Conduct. 7. 1 shall submit to the jurisdiction of the Pennsylvania courts and the Pennsylvania Disciplinary board with respect to acts and omissions occurring during the appearance in the matter for which admission pro hac vice is being sought. 8. 1 consent to the appointment of the sponsor in this matter, James Hockenberry, Esquire, as the agent upon whom service of process shall be made for all actions, including disciplinary actions, that may arise out of the practice of law in this matter. I, Irwin L'.'Lifrak, M.D., Esquire, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Verified Statement pursuant to Pa.R.C.P. 1012.1(c) are thib and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsifice : ition to authorities. Sworn to and Su scribed before me this day of November, 2009. *Nary Public Cob4lot;wEA m OF P@1NSYLVAMA NOTARIAL SEAL Brenda G. Siewczak, Notary Public Lower Southampton Twp, Bucks County M conunissi, 1 "Npires May 13, 2013 By: Irwin L. Lifrak, M.D., Esquire Law Office of I. L. Lifrak, LLC 27 Cedar Street Mt. Holly, NJ 08060 609.265.1120 EXHIBIT `B" ?5uprrmr Tourt of Kviu Jrrsrij E Co?,Rt C?erttftcttte of (hand ?5tttrtd-i?? This is to certify that IRWIN LIFRAK (No. 009341998 ) was constituted and appointed an Attorney at Law of New Jersey on June 09, 1998 and, as such, has been admittedto practice before the Supreme Court andaflother courts of this State as an Attorney at Law, according to its laws, rules, and customs. I further certify that as of this date, the above-named is an Attorney at Law in Good Standing. For the purpose of this Certificate, an attorney is in "Good Standing" if the Court's records reflect that the attorney: 1) is current with all assessments imposed as apart of the filing of the annua(Attorney Registration Statement, including, but not limited to, all obligations to the New Jersey Lawyers' Fund for Client Protection; 2) is not suspended or disbarred from the practice of law; 3) has not resigned from the Bar of this State; and 4) has not been transferred to Disability Inactive status pursuant to Rule 1:20-12. Please note that this Certificate does not constitute confirmation ofan attorney's satisfaction of the administrative requirements of Rule 1:21-I(a) for el?id ty to practice law in this State. In testimony whereof, I Have hereunto set my hand and affixed the seat of the Supreme Court, at Trenton, this 15TH day of April , 20 09 Clerk of the supreme Court -453a EXHIBIT 6°C" Nov 02 09 05:46p Connie Leeds 7172382031 p.2 SUPREME COURT OF PENNSYLVANIA PENNSYLVANIA INTEREST ON LAWYERS TRUST ACCOUNT BOARD November 02, 2009 Sent by fax to (609) 265-1128 Irwin L. Lifrak, Esq. 27 Cedar St. Mt. Holly, NJ 08060 Dear Attorney Lifrak: This letter serves as the fee payment certification referenced in 204 Pa Code §81.503 and acknowledges receipt of the $100 fee paid by Check, no. 114699, on this date related to your pursuit for admission pro hac vice in the case identified as Richard Covert v. Richard Lee Griffiths, D.O. and Healing Arts Surgical Center, no. 08-3320, filed in the court of Common Pleas of Cumberland County. You should refer to Pa Rule of Civil Procedure 1012.1. local court rules, and other regulations of 204 Pa Code §81.501 et. seq. concerning additional requirements related to seeking pro hac vice admission. Sincerely, tn. I Alfred J. Azen Executive Director cc: James Edward Hockenbem', Esq. (215) 355-0940 G:CL/DOC/PHV/2009/November/November 02 2009 Pennsylvania Judicial Center 601 Commonwealth Ave., Ste. 2400 PO Box 62445, Harrisburg. PA 17106-2445 717/238-2001 • 888/PA-IOLTA (724-6582) • 717/238-2003 FAX paiolta@pacourts.us www.paiolta.org Achniniytering Pennsylvania's Interest On Lawyers Trust Account (iOLTA) Program EXHIBIT "D" ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukomski, Esquire I.D. No.: 28532, By: James E. Hockenberry, Esquire I.D. No.:91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 RICHARD COVERT Plaintiff, V Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA RICHARD LEE?ORIFFITHS, D.O., et al. Defendants. No.: 08 - 3320 VE011FIED STATEMENT PURSUANT TO Pa R C P 1012.1(d)(2) I, James E. Hockenberry, Esquire, having been duly sworn, hereby make this Verified Statement pursuant to Pa.R.C.P. 1012.1(d)(2) in Support of the foregoing Motion for Admission Pro Hac Vice of Co-Counsel, Irwin L. Lifrak, M.D.,' Esquire, on behalf of Plaintiff, Richard Covert, h/w, and state as follows: 1. After reasonable investigation, I believe that the candidate, Irwin L. Lifrak, M.D., Esquire, (hereafter "Lifrak"), to be a reputable and competent attorney and I highly recommend Lifrak's admission pro hac vice in the above-captioned matter. 2. 1'am acting as sponsor and co-counsel in one (3) other medical negligence case currently pending in the Courts of Common Pleas for Franklin, iphin, and Philadelphia Counties, Pennsylvania. 3. The proceeds from the settlement of a cause of action in which Lifrak is nted admission pro hac vice shall be received, held, distributed and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct, including the IOLTA provisions thereof, if applicable. Sworn to and Subscr' ed before me this day of November, 20 . By: E. Hokkenberry, Esquire . for aintiffs TN ?+eat.?t'iEt O 'v?'? SEAL :SM Icza k, perry Public ?xpvesMa Bucks 0 3 EXHIBIT 6°E" I. L. LIFR.AK, M.D., Esq. Suite 5 1010 N. Union Street Wilmington, DE 19805 Telephone: (302) 1654-7317 Fax: (302) 654--3042 CURRICULUM VITAE New York Medical College Depamnent of Pathology Far Eastern University; Medical College M.D. Widener University School of Law J.D. PMT GRAI]fUATE N"ICAL_TRAL ING Internship St. Francis Medical Center, Trewon, New Jersey July 1980 1u Jtuie 1987 Iutannal MediOnc Residency: Cooper Hospital/University Medical Centex, Camden, New Jersey June 1981 to June 1983 Internal Medicine Internal Medicine Addiction Medicine CURRENT POSITIONS i 1 Private Practice Internal Medicine 1983 - Present Medical Director GuadenAwNew Beginnings Medical Director BioMat of Delaware I l PAST CAU WC APPQI UDAUNiss 1 Adjunct Lectiveer; Department of Biology, Baruch College Cluaical Insbuctor, Department of Medicine, University of Medicine & Denistry of New Jersey i QMUMA"x'I 1S American Society of Addiction Medicine American Board of Internal Medicine Member of Board of Forensic Examiners American College of Legal Medicine American EoIlege of Occupational and Environmental Medicine American Board of Disability Consultants American College of Clinical Pharmacology American Metrical Directors Association Paib MAMergcment for Primary Physicians LINSIIIE AND AI?MISSY_ Delaware Medical License # C1-0002238 New Jersey Medical License # 39132 Pennsylvania Medical License # MD-026030-E Florida Medical License * MF,-0039261 New Jersey Bar Feder District Court HOSPITAL A."J LI_?A,T UNE St. Francis Hospital, Wilmington, Delaware HQSPU L COI 'I'T'EES { St. Francis Hospital, Department of Medicine Peer Review Committee 1990 VUBUCATION&& GUEST LECTURES Children's Health Symposium: Medical, Legal and Ethical Issues The Health Law Institute of Widener University School of Law April 4,197 s Trial A.dvoesey P Widener University School of Law 1997,1999 j 3 Subtrate Induced Accelemion and Lactase Synthesis in Fetal Rat Intestine: j Journal of Pe&stric Research 10:100,1976, I.L. Lafrak, R. Lev, and A.V. Lt'ud. The Effwt of Reserpine on the Myocardium of the Fetal Pig: ' Federation Proceedings, 1976, I.L. Lifrak, R. Strebel, H. Settles. i An Ultra-Structural and Enzymologic Study of the Effects of Resperine on 'regnant Adult and Fetal Myocardium: Mr-dic ul, Joui-tW, Far Eastern University, 6:8j 1978, I.L. Lif * R. Satmenta_ Serum Tobrwnyein Concentration in the Fetal Rat Following It's Tetra Ar *otic A&Anistmtion, 11 Lifrak, S.C. Finch, and I.E. Stambaugh. The American College of Clinical Pharmacology. 1983. A Case Report of Breas't'Caminoma Arising at the Site of Prosthesis I Cancer, (Submitted), I.L. Lifr* J.E. Stambaugh, R.L. Gordon, and J. Absorption of Tobramycin in the Fetal lba Following Intro- Amniotic Administration: Presented to: The American College of Clinical Pharmacology, 1983, Wasiington, D.C. Widener University School of Law Guest Lectures in Forensic Evidence Association of Critical Care Nurses of America Guest Lectures in Risk Management 3 1 i 1 i ' f FlLED 4D- CE OF THEE R?s )THOINIIOTARY 2009 NOV -4 Pr 12: 56 uNk- s IN THE COURT OF COMMON PLEAS FOR NOV 0 9 2009 CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division) RICHARD COVERT Plaintiff, V. No.: 08 - 3320 RICHARD LEE GRIFFITHS, D.O., et al. Defendants. 1044-^"4" 0RQER AND NOW, thisA day of , 2009, upon consideration of Plaintiff's Motion for Admission Pro Hac Vice Pursuant to Pa.B.A.R. 301, it is hereby ORDERED, DIRECTED, and DECREED that said Motion is GRANTED. Irwin L. Lifrak, M.D., Esquire, is hereby specially admitted to the bar of this Commonwealth under Pa.B.A.R. 301 as co-counsel representing Plaintiff, Rich er , i his matter. J. -I Tj 2091;0`1` 12 Pit 1: 17 Mks /naf lcc(- ')? o q 1.9tiLC Xly w ?? ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukomski, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.:91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 RICHARD COVERT Plaintiff, V. RICHARD LEE GRIFFITHS, D.O., et al. Defendants. N Counsel for PlaintitF,1 COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA ?4o.: 08 - 3320 PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the above-referenced matter discontinued with prejudice. Respectfully submitted, BY: JO es E. Hockenberry, Esquire G& ti tb Piainf ff