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HomeMy WebLinkAbout08-5219 James L. Goldsmith Esquire Attorney I.D. No. 27115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs VS. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. James L. Goldsmith, Esquire Attorney I.D. No. 27115 3631 North Front Street J es L. Gold , Esquire Harrisburg, PA 17110 717 232-7661 Date: August 28, 2008 "r 1 V I?J) C7 ^' N J} z_ -C c0, y WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. /s/ ,°gv? Prothonotary a9 Date: CW4 08019-001/137512 By: ?. Dep 2 SHERIFF'S RETURN - NOT FOUND e CASE NO: 2008-05219 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER MARTHA L ET AL VS SUDEN STEPHEN DDS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SUDEN STEPHEN DDS but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , SUDEN STEPHEN DDS 5229 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 DEFENDANT RETIRED AND MOVED TO FLORIDA LAST YEAR. Sheriff's Costs: Docketing Service Not found Surcharge Postage p1tf' A a 18.00 10.00 So 5.00 ?- R. Thomas Kline 10.00 Sh iff of Cumberland County .59 43.59 ALDWELL & KEARNS 09/08/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05219 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER MARTHA L ET AL VS SUDEN STEPHEN DDS ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STAAB & SUDEN ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS , the within named DEFENDANT 5229 EAST TRINDLE ROAD NOT FOUND , as to STAAB & SUDEN ASSOCIATES INC MECHANICSBURG, PA 17050 BUSINESS AT GIVEN ADDRESS IS KREINER & CHEREWKA. Sheriff's Costs: So ans / Docketing 6.00 Service .00 Not Found 5.00 Thomas Kline Surcharge 10.00 ri f of Cumberland County .00 n '/?" 21.00 (A/08/WELL & KEARNS 2008 Sworn and Subscribed to before me this day of , A.D. James L. Goldsmith Esquire Attorney I.D. No. 27115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiffs MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050 : NO. 08-5219 : CIVIL ACTION STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue the attached writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to James L. Goldsmith Esquire Attorney I.D. No 27115 ?- 3631 North Front Street Harrisburg, PA 17110 717 232-7661 (X ) Attorney ( ) Si ture ate: Dec r 2, 2008 08019-001/141514 ,. 4 . r WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By: Depu ' - TRIG 0Y D In Testimony wh,;rL,.)f, and the seal of said Court of This This ....1?..... day of.. 08019-001/137512 Prothonotary 2 ` 4 0 KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC, Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon Plaintiffs, MARTHA L. DETWEILER AND JOHN R. DETWEILER, to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. 111. KYLE N. THOMPSON Attorney for Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc. RULE TO FILE COMPLAINT AND NOW, this 1.24k- day of Jo'W , 2009, a Rule is hereby granted upon Plaintiffs, MARTHA L. DETWEILER AND JOHN R. DETWEILER, to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. 2& PR OT RY G '- I ??:. ? ??? ? •??? -? KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. 475771 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., in the above-captioned matter. A jury trial consisting of a panel of twelve (12) jurors is hereby demanded. KILCOYNE & NESBITT, LLC KYLE N. THOMPSON DATED: January 8, 2009 1-01 -x C? KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kyle N. Thompson, Esquire, hereby certify that a true and correct copy of the Entry of Appearance and Praecipe to File Complaint/Rule to File Complaint relative to the above matter was forwarded by first-class mail, postage prepaid to the following: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 DATED: January 8, 2009 K/v? KYLE N. THOMPSON rCR c> ? -c KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kyle N. Thompson, Esquire, hereby certify that a true and correct copy of the time- stamped Praecipe to File Complaint/Rule to File Complaint relative to the above matter was forwarded by first-class mail, postage prepaid to the following: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 6)7-- KYLE N. THOMPSON DATED: January 16, 2009 r? °..v ? ?? ? ? ; , N '?.3 ?. , ? f +J ??? ? -? ? ?? 1, James L. Goldsmith Esquire Attorney I.D. No. 27115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs VS. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050, and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5219 : CIVIL ACTION STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants NOTICE TO PLEAD TO: Stephen Suden, DDS and Staab & Suden Associates, Inc. C/O Kyle N. Thompson, Esq. KILCOYNE & NESBITT, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 YOU ARE HEREBY NOTIFIED that the Complaint set forth herein contain averments against you to which you are required to respond within thirty (30) days after service thereof. Failure by you to do so may constitute an admission. Date: February 23, 2009 Respectfully submitted, By: Ja s L. Golds it Esquire rney 1. D. Ndk-V 115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs James L. Goldsmith Esquire Attorney I.D. No. 27115 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs vs. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5219 : JURY TRIAL DEMANDED STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants COMPLAINT AND NOW comes the Plaintiffs, Martha L. Detweiler and John R. Detweiler, by and through their attorneys, Caldwell & Kearns, P.C., and files this Complaint founded upon the following: 1. Plaintiffs, Martha L. Detweiler and John R. Detweiler, are adult individuals, husband and wife, who reside at 14 Chelten Circle, Camp Hill, Pennsylvania, 17011. 2. Defendant, Stephen Suden, is an adult individual and was at all times relevant to the matters complained of a licensed dentist in the Commonwealth of Pennsylvania whose principal place of business was located at 5229 East Trindle Road, Mechanicsburg, Pennsylvania 17050. 3. Defendant, STAAB & SUDEN ASSOCIATES, INC. (hereinafter "S&S") is a Pennsylvania corporation with a principal place of business at 5229 East Trindle Road, Mechanicsburg, Pennsylvania 17050. 4. At all times relevant to the matters complained of Defendant Suden was the agent and/or employee, for Defendants S&S. COUNTI NEGLIGENCE Plaintiffs Martha L. Detweiler v. Defendant Stephen Suden. 5. At all times relevant to the matters complained of, Defendant Suden was an agent and employee of Defendant S&S, the principal place of business of which is the same as the address given in the preceding paragraph. 6. In or about July 1973, Plaintiff Martha Detweiler became a patient of Defendant Suden and, it is believed and therefore averred, also of Defendant S&S. 7. From the date set forth in the aforesaid paragraph and through November 2006, Plaintiff Martha Detweiler (hereinafter "Plaintiff Detweiler") obtained general dentistry evaluation and treatment solely from Defendants Suden and S&S. During the aforesaid 33 year period, Plaintiff Martha Detweiler had more than 75 visits and dental treatments that included, but were not limited to, x-rays, examinations, cleanings, restorations via fillings, crowns and/or bridges. 9. At all times relevant to the aforesaid period, Plaintiff Martha Detweiler maintained a continuous commitment to maintain the health and integrity of her dentition and complied with all treatment plans and suggestions, if any, offered by Defendants Suden and S&S. 10. In or about September 2006, Plaintiff Detweiler sought an evaluation for the first time from a dentist other than Defendants directly in response to Defendant Suden's advisement that he was retiring. 11. At said time, Plaintiff Detweiler had no reason to believe that she was the recipient of substandard care as is more fully set forth in this Complaint. 12. In September 2006, Plaintiff Detweiler presented for evaluation with a subsequent treating dentist. 13. Evaluation involving clinical examination, x-rays and photographs of Plaintiff Detweiler's dentition revealed a condition that was the direct result of long-standing, below standard-of-care, treatment that Plaintiff Detweiler had received from Defendants as is more specifically set forth below. 14. The evaluation by the subsequent treating dentist, in or about September 2006, revealed Plaintiffs dentition to be as follows in substantial part: a. Tooth 1: Exhibited an improperly fitting crown demonstrating wear through the outer porcelain to the underlying metal substructure of the crown revealing a hole drilled through the crown for a root canal treatment with an inadequate filling/seal/open distal margin; b. Tooth 2: Exhibited an improperly fitting crown with wear through the outer porcelain to the underlying metal substructure and demonstrating distal margin on the underlying filling and not on the tooth structure; C. Tooth 3: Large Amalgam filling with deep base, decay and leaking margins vulnerable to fracture without crown; d. Tooth 4: Improperly fitting and improperly contoured crown with open contacts on both sides of the crown contributing to peridontial disease; decay, wear through the outer layer of porcelain to the underlying metal substructure and evidence of root canal treatment; this said tooth exhibited hopeless prognosis due to decay and lack of tooth structure and it required extraction; e. Tooth 5: Wide Amalgam filling with leaking margins and wear on tooth structure; f. Tooth 6: Wear on tooth structure; g. Tooth 7: Improperly fitting crown with decay and root canal treatment; h. Tooth 8: Poor fitting crown with open facial margins; i. Tooth 9: Poor fitting crown with open facial margins; j. Tooth 10: Poor fitting crown and decay; i. Tooth 12: Leaking Amalgam filling with discoloration; thin wall on facial aspect of tooth and wear susceptible to fracture, also overhand of filling; k. Tooth 13: Multiple filling with leaking Amalgam, discoloration and thin walls similar to Tooth 12; 1. Tooth 14: Poor fitting crown with open distal margin and evidence of root canal; M. Tooth 15: Poor fitting crown; n. Tooth 18: Wear through the outer porcelain layer of crown revealing underlying metal substructure with decay under mesial margin; o. Tooth 19: Poor fitting crown with short distal margin; P. Tooth 21: Absence of lingual cusp with large composite filling of poor contour and fragile to fracture with evident post and root canal; q. Teeth 22-27 inclusive: Extreme wear to each tooth with exposed dentinal layer through enamel; and. Teeth 29-31 inclusive: Three-unit bridge with wear through outer porcelain layer exposing underlying metal substructure. 15. Further, and as a result of her general dental condition revealed by the aforereferenced evaluation, Plaintiff Detweiler was referred for evaluation to an orthodontist and periodontist. 16. The aforereferenced periodontal examination revealed generalized incipient to moderate chronic periodontitis, local advanced chronic periodontitis, with loss of occlusal vertical dimension, and multiple defective restorations which had been, during the course of treatment with Defendants, contributing to periodontal disease. 17. The aforesaid orthodontic evaluation revealed loss of vertical dimension requiring fabrication of a bite opening devise and temporomandibular evaluation to determine the ability to achieve a more open bite. 18. Over repeat visits to the subsequent treating dentist, posterior crowns and bridge were removed revealing further extensive decay and loss of tooth structure. 19. As a result of the condition revealed by the aforereferenced evaluation it was determined that all of the poor and improperly fitting crowns, restorations and evident decay had to be treated or replaced, as did the poorly fitting bridge. 20. Plaintiff Detweiler's condition upon evaluation by the subsequent treating dentist was such that it was necessary to remove all posterior restorations (crowns and bridges) to assess the remaining tooth structure under the poor fitting and deteriorated restoration. 21. Solely as a result of the negligence of Defendants, Plaintiff Detweiler was required to undergo root canals, periodontal crown lengthenings, surgery followed by installation if implants and implant-supported restorations. 22. Solely as a result of the negligence of Defendants, Plaintiff Detweiler lost all of her posterior teeth. 23. The negligence of Defendants consisted of the following: a. The application of sub-standard restorations; b. The failure to examine and diagnose periodontal disease; C. The failure to inform Plaintiff Detweiler of the need for periodontal treatment; d. Failure to recommend treatment for periodontal disease; e. Failure to refer Plaintiff Detweiler to a periodontist for treatment that was evidently needed; f. Failure to diagnose severe attrition and wear of teeth and existing restoration which was apparent, or in the absence of negligence, was apparent at the time and place of treatment by Defendants; g. The failure to diagnose deteriorated routine restorations resulting in open distal margins, leaking and other conditions as previously set forth in paragraph 14; h. Failing to diagnose and treat decay that was evident to Defendants or reasonably apparent to them in the absence of negligence; i. Failing to recommend daily use of prescription level floride toothpaste to prevent decay around the numerous crowns and bridge; The lack of referral to specialists for periodontal disease and full-mouth rehabilitation that Defendants were not managing; k. In failing to provide follow-up evaluations of deteriorating conditions, poor restorations, leaking margins, leaking fillings, tooth loss, open contacts, porcelain wear which were evident or, in the absence of reasonable care, would have been evident during the time that Plaintiff Detweiler was treating with Defendants; 1. Failing to replace restorations that deteriorated over time; M. Failing to diagnose and recommend replacement/treatment for worn restorations and decay at appropriate times during the course of treatment; n. Failing to intervene prophylactically with the reasonable care and treatment of teeth when it would have been prudent to do so; o. Failing to remove crowns and bridge timely to evaluate remaining tooth structure with resultant diagnosis and treatment as appropriate; P. Failing to evaluate loss of vertical dimension to teeth that was evident, or in the absence of negligence, should have been evident to Defendants; q. Failure to take a full-mouth series of x-rays, at any time, for purpose of completing a comprehensive evaluation on a periodic basis; r. Failure to provide a thorough management plan rather than the narrow piecemeal approach on a tooth-by-tooth basis; S. Failing to affirmatively and comprehensively evaluate and advise Plaintiff Detweiler regarding her dental needs. 24. Plaintiff Detweiler's dental condition immediately following the conclusion of her treatment with Defendants was such that she required periodontal therapy, including deep scaling and root planning. 25. As a result of the aforesaid negligence of Defendants, Plaintiff Detweiler suffered from temporal mandibular complication resulting in a reduction in the right mandibular condyle with significant remodeling necessitating subsequent evaluation treatment and expense, and pain. 26. Solely as the result of the negligence of Defendants aforesaid, Plaintiff Detweiler was required to undergo opening of the bite to enable adequate rehabilitation of the dentition. 27. Solely as the result of the negligence of Defendants as aforesaid, Plaintiff Detweiler required more extensive dental work to bring her to proper dental health than would have been needed had Defendants' standard care of treatment. 28. Solely as the result of the negligence of Defendants as aforesaid, Plaintiff Detweiler was caused to suffer progressive and significant breakdown of dentition that could have been avoided or limited by evaluation and treatment within the standard of care applicable. 29. Solely as the result of the negligence of Defendants as aforesaid, Plaintiff Detweiler has been required to accept extensive reconstructive dentistry and will in the future require additional extractions, dental implants, crowns and bridges. 30 The negligence of Defendants was a substantial factor in necessitating the extensive restoration procedures, surgeries, extractions, implants and crowns performed by the subsequent practitioners. 31. Solely as a result of the negligence of Defendant Suden as described above and in addition to the damages previously cited, Plaintiff Detweiler has been forced to incur substantial expense in obtaining restorative treatment presently believed to be in excess o$50,000 and will be required to do so in the future, indefinitely. 32. Further, Plaintiff Detweiler has, and will in the future, undergo substantial pain and suffering as a result of the negligence of Defendant Suden as aforesaid. WHEREFORE, Plaintiff Martha L. Detweiler demands judgment in her favor as against all others and in an amount in excess of the jurisdictional limit for arbitration.. COUNTII NEGLIGENCE - CORPORATE LIABILITY AND VICARIOUS LIABILITY Plaintiff Martha L. Detweiler v. Defendants STAAB & SUDEN ASSOCIATES, INC. 33. Paragraphs 1 through 32 are incorporated herein by reference as though fully set forth. 34. Defendant S&S had a duty and responsibility to its patients and to the public to provide appropriate and competent dental care. 35. Defendant S&S is responsible for the standard of professional practice by members of its staff and employees. 36. Defendant S&S is vicariously liable for the acts, commissions, or omissions of Defendant Suden who provided negligent care to Plaintiff Detweiler. WHEREFORE, Plaintiff Martha L. Detweiler demands judgment in her favor as against all others and in an amount in excess of the jurisdictional limit for arbitration. COUNT III LOSS OF CONSORTIUM Plaintiff John R. Detweiler v. Defendants Stephen Suden and STAAB & SUDEN ASSOCIATES, INC. 37. Paragraphs 1 through 36 are incorporated herein by reference as though fully set, forth. 38. Solely as the result of the negligence Defendants as aforesaid, Plaintiff John Detweiler has been deprived of the society and companionship of his wife. WHEREFORE, Plaintiff John R. Detweiler demands judgment be entered in his favor and against Defendants Stephen Suden and STAAB & SUDEN ASSOCIATES, INC. and in an amount in excess of the jurisdictional limit for arbitration.. Date: February 23, 2009 By? Tmeyl.DkAT<f ol derglEsquire 27115 Ke arns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax(717)232-2766 Attorney for Plaintiffs 08019-001/143690 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 02 ??/O Q / i i-UL p/. z Martha L. Detweiler VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. `z?lS ©g Jkm' . etweiler CERTIFICATE OF SERVICE AND NOW, this Z3''"day of , 2009, I hereby certify that I have served a copy of the within document on the following b depositing a true and correct copy of the same in th0 U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kyle N. Thompson, Esq. Kilcoyne & Nesbitt, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendants CALDWELL & KEARNS t"} c`7 r =- 77 T l? MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs VS. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050 STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5219 JURY TRIAL DEMANDED CERTIFICATE OF MERIT PURSUANT TO PA. R.C.P. 1042.3 OF PLAINTIFFS MARTHA L. DETWEILER AND JOHN R. DETWEILER AGAINST DEFENDANT STEPHEN SUDEN, DDS I, James L. Goldsmith, Esquire, certify that: An appropriate licensed professional DDS has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of Plaintiffs Complaint filed to the above-captioned matter, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harms so identified in the Complaint. 1 By: ?.y am L. Goldsmith ire orney I.D. No. 271-5' Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs Date: February 23, 2009 08019-001/145151 r - 10 CERTIFICATE OF SERVICE AND NOW, this e3 d y of 2009, I hereby certify that I have served a copy of the within document on the following b depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kyle N. Thompson, Esq. Kilcoyne & Nesbitt, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendants CALDWELL & KEARNS BY: 08019-001/145151 t rv Cj NO - , tjo MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs vs. STEPHEN SUDEN, DDS 5229 East Trindle Road Mechanicsburg, PA 17050 STAAB & SUDEN ASSOCIATES, INC., 5229 Trindle Road Mechancisburg, PA 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. 08-5219 JURY TRIAL DEMANDED CERTIFICATE OF MERIT PURSUANT TO PA. R.C.P. 1042.3 OF PLAINTIFFS MARTHA. L. DETWEILER AND JOHN R. DETWEILER AGAINST DEFENDANT STAAB & SUDEN ASSOCIATES. INC. I, James L. Goldsmith, Esquire, certify that: An appropriate licensed professional DDS has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised by Defendant Suden and exhibited in the treatment, practice or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harms as specifically identified in Plaintiffs' Complaint. The claim that Defendant Suden and Defendant STAAB & ASSOCIATES, INC. (hereinafter "S&S") deviated from the acceptable professional standards is based solely on the allegations that Defendant Suden, for whom this corporate defendant is responsible, deviated from acceptable professional standards. Date: February 23, 2009 By: James VGoldsmWEI-f Att ey I.D. No. 27140-4 aldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs 08019-001/145152 CERTIFICATE OF SERVICE AND NOW, this 6?jday of ?,Z4woW, 2009, I hereby certify that I have served a c of the within document on the following by depositing a true and correct copy of the same in U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kyle N. Thompson, Esq. Kilcoyne & Nesbitt, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendants BY: 08019-001/145152 -- rs t-r N .ra ; L Ty KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 BY: MARK J. HERMANOVICH ATTY. ID. #200812 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Martha & John Detweiler c/o James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. KILCOYNE & NESBITT, LLC BY: Z?? KYLE N. THOMPSON, ESQUIRE MARK J. HERMANOVICH, ESQUIRE Attorneys for Defendant, Stephen C. Suden, DDS and ? Staab & Suden Associates, Inc. Date: KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 BY: MARK J. HERMANOVICH ATTY. ID. #200812 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER Plaintiffs V. STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. TO PLAINTIFF'S AMENDED COMPLAINT Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., by and through their attorneys, Kilcoyne & Nesbitt, LLC, hereby answers Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to allow them to form a belief as to the truth of the averments in paragraph I of Plaintiffs' Complaint and, therefore, Answering Defendants demand strict proof thereof at trial, if relevant. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to allow them to form a belief as to the truth of the averments in paragraph 3 of Plaintiffs' Complaint and, therefore, Answering Defendants demand strict proof thereof at trial, if relevant. 4. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. COUNTI NEGLIGENCE Plaintiffs Martha L. Detweiler v. Defendant Stephen Suden 5-32. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. COUNT II NEGLIGENCE - CORPORATE LIABILITY AND VICARIOUS LIABILITY Plaintiff Martha L. Detweiler v. Defendant Staab & Suden Associates, Inc. 33. Answering Defendants incorporate herein by reference the proceeding paragraphs as if set forth fully herein. 34-36. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. COUNT III LOSS OF CONSORTIUM Plaintiff John R. Detweiler v. Defendants Stephen Suden and Staab & Suden Associates, Inc. 37. Answering Defendants incorporate herein by reference the proceeding paragraphs as if set forth fully herein. 38. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. NEW MATTER 39. At all times material hereto, Answering Defendants' treatment of the Plaintiff was in accordance with accepted standards of medical care at the time and place of the treatment. 40. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 41. Plaintiffs' claims are barred by operation of the applicable statute of limitations. 42. If plaintiff sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of plaintiff and/or other persons and/or entities over whom answering defendants exercised no control. 43. Plaintiffs' claims may be barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act. 42 Pa.C.S.A. Section 7102 et seq. 44. Plaintiffs' claims may be barred by the doctrine of assumption of risk. 45. Plaintiffs' claims may be barred by the doctrine of superseding and/or intervening cause. 46. Plaintiff gave a fully informed consent to the medical treatment rendered by Answering Defendant. 47. Plaintiffs' claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. 48. Plaintiffs' claims are subject to, and limited by, the MCare Act of 2003. 49. If there is a judicial determination that Pa.R.C.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14th Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by Answering Defendant. 50. Plaintiffs' claim is barred by the doctrine of release. WHEREFORE, Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., demand judgment in their favor and against Plaintiffs together with attorneys' fees and costs. Respectfully submitted, KILCOYNE & NESBITT, LLC BY: IY-1? KYLE N. THOMPSON,ESQUIRE MARK J. HERMANOVICH, ESQUIRE Attorneys for Defendant, Stephen C. Suden, DDS and / Staab & Suden Associates, Inc. Date: ?/ b 0 9 VERIFICATION I, Mark J. Hermanovich, Esquire, I, hereby depose and state that I am the attorney for Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., in the action herein, that I have reviewed the foregoing Answer with New Matter of Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., to Plaintiffs' Complaint, and that the facts contained therein are true and correct to the best of my information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. MARK J. HERMANOVICH, ESQUIRE DATED: *6/jol- KILCOYNE & NESBITT, LLC BY: KYLE N. THOMPSON ATTY. ID. #75771 BY: MARK J. HERMANOVICH ATTY. ID. #200812 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 610.825.2833 MARTHA L. DETWEILER and JOHN R. DETWEILER V. Plaintiffs ATTORNEY FOR DEFENDANTS, STEPHEN SUDEN, DDS AND STAAB & SUDEN ASSOCIATES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 08-5219 STEPHEN SUDEN, DDS. and STAAB & SUDEN ASSOCIATES, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark J. Hermanovich, Esquire, attorney for Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., hereby certify that a true and correct copy of the Answer with New Matter of Defendants, Stephen Suden, DDS and Staab & Suden Associates, Inc., to Plaintiffs' Complaint was served on all counsel of record by First Class Mail, postage prepaid on the date below: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 DATED: G16-10,0 KILCOYNE & NESBITT, LLC MARK J. HERMANOVICH, ESQUIRE FlL5D-4,loFQf OF ThE PPoT'- rNl9Tt" 2009 JUN -8 PM 12: 4.0 Kilcoyne & Nesbitt Plymouth Mtg. Exec. Campus, Suite 121 630 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 825-2833 Attorneys for Stephen C. Suden DDS. MARTHA L. DETWEILER AND JOHN R. DETWEILER Plaintiff, vs. Stephen C. Suden DDS, et al. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 08-5219 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, NDS on behalf of Kyle N. Thompson, Esquire certifies that: 1. A Notice of Intent to Serve 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 to Serve Subpoena, 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 Subpoena. ND on behalf of Kyl, . Thompson,. Esquire Kilcoyne & Nesbitt State Bar No. 75771 Plymouth Mtg. Exec. Campus, Suite 121 630 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 825-2833 Attorney for Stephen C. Suden DDS Date: 09/02/2009 Kilcoyne & Nesbitt Plymouth Mtg. Exec. Campus, Suite 121 630 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 825-2833 Attorneys for Stephen C. Suden DDS MARTHA L. DETWEILER AND JOHN R. DETWEILER Plaintiff, vs. Stephen C. Suden DDS, et al. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 08-5219 CERTIFICATE OF SERVICE AND NOW this day of ?, 2009, I hereby certify that we have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Thing for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: James Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 NDS on behalf of ' 144??L- Kyle N hompson, Esquire Attorney for Stephen C. Suden DDS. Kilcoyne & Nesbitt Plymouth Mtg. Exec. Campus, Suite 121 630 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 825-2833 Attorneys for Stephen C. Suden DDS MARTHA L. DETWEILER AND JOHN R. DETWEILER Plaintiff, vs. Stephen C. Suden DDS, et al. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant Case No. 08-5219 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: James Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 NDS on behalf of Kyle N. Thompson, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/02/2009 NDS on behalf of L K le . Thompson, Esquir Kilcoyne & Nesbitt State Bar No. 75771 Plymouth Mtg. Exec. Campus, Suite 121 630 W. Germantown Pike Plymouth Meeting, PA 19462 (610) 825-2833 Attorney for Stephen C. Suden DDS CC: Kyle N. Thompson, Esquire COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND Martha L. Detweiler and John R. Detweilet Vs. File No. 08-5219 Stephen C. Suden, DDS, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Steven Kreiner, DDS (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: Any and all medical records, bills and x-rays are needed pertaining to Martha Detweiler, DOB: 07/07/1945, SSN: 176-34-9339. at National Document Services, 201 N. Charles St., #320, Baltimore, MD (Address) z 12 U 1 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: Kyle N. Thompson, Esquire ADDRESS: Kilcoyne & Nesbitt Plymouth Meeting Exec. Campus Suite 121, 630 W. Germantown Pik1e TELEPHONE: Efgn n ' SUPREME COURT ID # ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil DivisioD / Date: SER 62 nO9 Sea of tlie- Court epu COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Martha L. Detweiler and John R. Detweiler Vs. File No. 08-5219 Stephen C. Suden, DDS, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:_ Eric G. Unger, DDS (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: Any and all medical records, bills and x-rays are needed pertaining to Martha Detweiler, DOB: 07/07/1945, SSN: 176-34-9339. at National Document Services, 201 N. Charles St., #320, Baltimore, MD (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. - THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kyle N. Thompson, Esquire ADDRESS: Kilcoyne NNesbitt Plymouth Meeting Exec Campus Suite 121, 630 W. Germantown Pik TELEPHONE: _ _ n , 1462 SUPREME COURT ID # ATTORNEY FOR: Defendant Date: SEP ® 2 'Sea] of the Court BY THE COURT: Pr onotary, Civil Division f ,F 6 ,! puty I COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND Martha L. Detweiler and John R. Detweilei Vs. File No. 08-5219 Stephen C. Suden, DDS, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Mark Cherewka (Name of Person or Entity) Within twenty (26) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, bills and x-rays are needed pertaining to Martha Detweiler, DOB: 07/07/1945, SSN: 176-34-9339. at National Document Services, 201 N. Charles St., #320, Baltimore, MD (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kyle N. Thompson, Esquire ADDRESS: Kilcoyne & Nesbitt Plymouth Meetinu Exec. Camvus Suite 121, 630 W. Germantown Pi4e 462 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: Defendant Date: SEP -® 2 Seal o the ourt BY THE COURT: WlRF-t` Of THE PRO.tHaNOTAPY 2004 SEP -4 PM 3: 14 COLVW i ! CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEN01R/GPURSUANT TO RULE 4009.22 '? IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER TERM, CUMBERLAND -V- CASE NO: 08-5219 SUDEN, DDS j C7 ?? As a prerequisite toyservice of a subpoena for documents and thingsn pursuant C'' to Rule 4009.22 r- MCS of behalf of KYLE N. THOMPSON, ESQ. 'y certifies that `w cr (1) A notice of!intent to serve the subpoena with a copy of the subpoena attached th reto 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 t?e notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objectio? to the subpoena has been received, and (4) The subpoen? which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/14/2010 R2.31 116-H MCS on,/behalf oc?f77 /S/ x . J/mpJOn, e3Q. KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD@KILCOYNELAW.COM DE11-1138474 25080-LO1 V! OF PENNSYLVANIA OF CUMBERLAND IN THE MATTER OF: DETWEILER COURT OF COMMON PLEAS TERM, CASE NO: 08-5219 SUDEN, DDS CUMBERLAND SURGERY C?NTE CRAIG E. LAHAR, DMD DR. CRAIG ANZUR DR. FRED ALBA DR. JOSHUA GREENBERG GREGORY H. KADEL, D. ({', . S . UNITED CONCORDIA MEDICAL, MEDICAL, MEDICAL, MEDICAL, MEDICAL, MEDICAL, INSURANC BILLING, BILLING, BILLING, BILLING, BILLING, BILLING, E TO: JAMES L. GOLDSMIfH,ESQUIRE, PLAINTIFF COUNSEL AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) MCS on behalf of KYLE N. THOMPSON, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date 1'sted below in which to file of record and serve upon the undersigned an objec ion to the subpoena. If the twenty day notice period is waived or if no obje tion is made, then the subpoena may be served. Complete copies of any reprod ced 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: 06/24/2010 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT CC: KYLE N. THOMPSONI JAMES L. GOLDSMITH,E CALDWELL & KEARNS 3631 N. FRONT STREET HARRISBURG, PA 1711 ESQ. - 185-355 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R2.31 116-H DE02-0677633 25080-COI TO: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER File No. 08-5219 VS. SUDEN, DDS I Custodian of Records for CUMBERLAND SURGERY 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 i at TheMCS Groun.Inc.. 11601 Market Street_ Suite 800_ Philadelnhia- PA 1910' You may deliver or mail legi le copies of the documents or produce things requested by this subpoena, together with the certificate of compl ce, to the party making this request at the address listed above. You have the right to seek, in advance, the reaso able 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 subpoen may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: i NAME: KYLE N. TH 0MP ON ES Q. ADDRESS: 630 WEST G -"-RMAhaO)VN PIKE SUITE 121 TELEPHONE: (215 246 SUPREME COURT ID #: ATTORNEY FOR: _D JUV Date: BY COURT: ,-404 Prothonotary/Cl k, Civil Division Deputy Seal of the EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND SURGERY CIN 200 CUMBERLAND PARKW Y MECHANICSBURG, PA 11055 RE: 25080 MARTHA DETWILER Prior approval is hospitals, $100.00 INCLUDING PATHOLOGY red for fees in excess of $150.00 for all other providers. ; FILM INVENTORY 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/prescript on 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 c mputer database or otherwise in electronic form, relating to any examination, onsultation, diagnosis, care or treatment pertaining to: Dates Rego ;Bt;ed: up to and including the present. Subject A DETWILER 14 CHELTEN CIRCLE, CAMP HILL, PA 17011 Social Sec?rity #: XXX-XX-9339 Date of Bi*th: 07-07-1945 R2.31 116-H SU10-0851630 25080-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER COURT OF COMMON PLEAS TERM, CUMBERLAND -?5- SUDEN, DDS CASE NO: 08-5219 As a prerequisite td service of a subpoena for documents and things pursuant to Rule 4009.22 MCS Cn behalf of KYLE N. THOMPSON, ESQ. certifies that (1) A notice o intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty day prior to the date on which the subpoena is sought to be served, i (2) A copy of he notice of intent, including the proposed subpoena, is attached t this certificate, (3) No objection to the subpoena has been received, and i (4) The subpoe?a which will be served is identical to the subpoena which is attache to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/14/2010 /S/ J 44 V. J4?3on, e KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT R2.31 116-H ABRADBARD@KILCOYNELAW.COM DE11-1138477 25080-L02 DETWEILER VS. SUDEN,DDS A TO: Custodian of Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE RIDER**** at The MCS Groun_ Inc.. 1601 Market Rtreet_ RnitA Rnn Philarlc]nhia Pa 101 nz You may deliver or mail legi le copies of the documents or produce things requested by this subpoena, together with the certificate of compli ce, to the party making this request at the address listed above. You have the right to seek, in advance, the reaso able cost of preparing the copies or producing the things sought. If you fail to produce the doc ents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoer a> may seek a court order compelling you to comply with it. COMMONWEALTH. OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 for CRAIG E. L H R. DMD (Name of Person or Entity) R THIS SUBPOENA WAS ISS?JED AT THE REQUEST OF THE FOLLOWING PERSON: I NAME: KYLE N. THOMPSON ES ADDRESS: 630 WEST G MMANTOWN PIKE SUITE 121 TELEPHONE: (215) 246 SUPREME COURT ID #: ATTORNEY FOR: FJUL 13 Date: (o o2Q / Seal of the B HE COURT: rothonotary Jerk, Civil Division Deputy E PLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CRAIG E. LAHAR. DMD ORAL & MAXILLOFACIA SURG 200 CUMBERLAND PKWY UPPER ALLEN, PA 17 55 RE: 25080 MARTHA DETWILER Prior approval is hospitals, $100.00 INCLUDING PATHOLOGY Entire medical, bill any and all records, physicians, files, m medication/prescript films and tests with may be stored in a c _ to any examination, Dates Req subject : Social Sec Date of Bi red for fees in excess of $150.00 for all other providers. ; FILM INVENTORY ng, and diagnostic file, including but not limited to correspondence to and from the consulting and/or treating moranda, handwritten notes, history and physical reports, on records, medical billing and payment records, x-ray subsequent reports, including any and all such items as mputer database or otherwise in electronic form, relating onsultation, diagnosis, care or treatment pertaining to: ted: up to and including the present. RTHA DETWILER 14 CRELTEN CIRCLE, CAMP BILL, PA 17011 ity #: XXX-XX-9339 h: 07-07-1945 R2.31 116-H { SU10-0851632 25080-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER SUDEN, DDS As a prerequisite to Rule 4009.22 MCS (1) A notice attached twenty d served, (2) A copy of attached (3) No object (4) The s is at DATE: 07/14/2010 R2.31 116-H COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-5219 service of a subpoena for documents and things pursuant behalf of KYLE N. THOMPSON, ESQ. certifies that intent to serve the subpoena with a copy of the subpoena reto was mailed or delivered to each party at least prior to the date on which the subpoena is sought to be e notice of intent, including the proposed subpoena, is this certificate, to the subpoena has been received, and a which will be served is identical to the subpoena which to the notice of intent to serve the subpoena. MCS on behalf of /S/ x //. Jhomp3on, e3l. KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD@KILCOYNELAW.COM DE11-1138480 25080-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER File No. 08-5219 VS. SUDEN, DDS i TO: Custodian of Records for DR. CRAIG N . 1R (Name of Person or Entity) i Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at The MCS Czr=- Inc.- 1 1 601 Muket sk=L 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 doc ents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoe may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KYLE N. TH MP ON ES Q. ADDRESS: 630 VVEST GERM OWN PIKE SUITE 121 1 TELEPHONE: (215) 246 SUPREME COURT ID #: ATTORNEY FOR: _ Q UUL 13 Z B COURT: notary/Cler Civil Division Date: Deputy Seal of the ATION OF REQUIRED RECORDS TO: CUSTODIAN OF R) DR. CRAIG ANZUR 220 CUMBERLAND PARI SUITE 10 MECHANICSBURG, PA RE: 25080 MARTHA DETWILER Prior approval is hospitals, $100.00 INCLUDING Y 17055 FOR: red for fees in excess of $150.00 for all other providers. RECORDS; FILM INVENTORY Entire medical, bil ing, and diagnostic file, including but not limited to any and all records correspondence to and from the consulting and/or treating physicians, files, emoranda, handwritten notes, history and physical reports, medication/prescrip ion records, medical billing and payment records, x-ray -`films and tests Wit subsequent reports, including any and all such items as may be stored in a omputer-database or otherwise in electronic form, relating to-any examination, consultation, diagnosis, care or treatment pertaining to: Dates Re ested: up to and including the present. Subject MARTHA DSTWILBR 14 CHSLTSN CIRCLS, CAMP HILL, PA 17011 Social Se urity #: XXX-XX-9339 Date of Birth: 07-07-1945 R2.31 116-H 1 SUIO-0851634 25080-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-5219 SUDEN, DDS As a prerequisite tc service of a subpoena for documents and things pursuant to Rule 4009.22 MCS In behalf of KYLE N. THOMPSON, ESQ. certifies that (1) A notice o intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty day prior to the date on which the subpoena is sought to be served, (2) A copy of t e notice of intent, including the proposed subpoena, is attached t this certificate, (3) No object (4) The s is at DATE: 07/14/2010 R2.31 116-H to the subpoena has been received, and which will be served is identical to the subpoena which to the notice of intent to serve the subpoena. MCS on behalf of /S/ .J? isle /' /. JLM'Pion, e3g. KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD@KILCOYNELAW.COM DE11-1138483 25080-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER VS. SUDEN,DDS TO: Custodian of File No. 08-5219 for DR. FRED ALBA (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 You may deliver :or mail with the certificate of coi to seek, in advance, the n If you fail to produce the the party serving this sub] THIS SUBPOENA WAS ISS NAME: ADDRESS: TELEPHONE: (215) 246 SUPREME COURT ID #: ATTORNEY FOR: _ D XV 1.3 2010 Date: copies of the documents or produce things requested by this subpoena, together ;, to the party making this request at the address listed above. You have the right e cost of preparing the copies or producing the things sought. vents or things required by this subpoena within twenty (20) days after its service, may seek a court order compelling you to comply with it. AT THE REQUEST OF THE FOLLOWING PERSON: BY COURT: Pro onotary/Cler Civil Division Deputy Seal of the ATION OF REQUIRED RECORDS TO: CUSTODIAN OF R DR. FRED ALBA 116 CUMBERLAND PAR MECHANICSBURG, PA RE: 25080 MARTHA DETWILER Y 17055 FOR: Prior approval is 4equired for fees in excess of $150.00 for hospitals, $100.00Ifor all other providers. INCLUDING PATHOLOGX RECORDS; FILM INVENTORY Entire medical, bil ing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, emoranda, handwritten notes, history and physical reports, medication/prescrip ion records, medical billing and payment records, x-ray films and tests wit subsequent reports, including any and. all such items as may be. stored in a omputer database or otherwise in electronic form, relating to any :examination, consultation, diagnosis, care or treatment pertaining to: Dates Re ested: up to and including the present. Subject :.MARTHA DETWILER 14 CHELTER CIRCLE, CAMP HILL, PA 17011 Social Be urity #: XXX-XX-9339 Date of 8 rth: 07-07-1945 SU10-0651730 25080-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER SUDEN, DDS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-5219 As a prerequisite tc? service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, ESQ. certifies that (1) A notice o intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty day prior to the date on which the subpoena is sought to be served, (2) A copy of he notice of intent, including the proposed subpoena, is attached t this certificate, (3) No object (4) The s is at DATE: 07/14/2010 R2.31 116-H to the subpoena has been received, and a which will be served is identical to the subpoena which to the notice of intent to serve the subpoena. MCS on behalf of zS/ .J41" n Jhomp4on, eq_ KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD@KILCOYNELAW.COM DE11-1138486 25080-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER File No. 08-5219 vs. TO: SUDEN, DDS Custodian of for DR. JOSHUA GREENBERG (Name of Person or Entity) Within twenty (20) days g documents or things: service of this subpoena, you are ordered by the court to produce the following SFF ATTACHED RiDFR **** at You may deliver or mail with the certificate of cor to seek, in advance, the n If you fail to produce the the party serving this subj THIS SUBPOENA WAS NAME: ADDRESS: TELEPHONE: _(215) 246 SUPREME COURT ID #: ATTORNEY FOR: _D JUL 13 Date: & copies of the documents or produce things requested by this subpoena, together to the party making this request at the address listed above. You have the right .e cost of preparing the copies or producing the things sought, nents or things required by this subpoena within twenty (20) days after its service, may seek a court order compelling you to comply with it. AT THE REQUEST OF THE FOLLOWING PERSON: COURT: 0 onotary/Cl k, Civil Division Deputy Seal of the ATION OF REQUIRED RECORDS TO: CUSTODIAN OF ECORDS FOR: DR. JOSHUA GREENB RG 99 NOVEMBER DRIVE CAMP HILL. PA 17011 RE: 25080 MARTHA DETWILER Prior approval is ?equired for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PATHOLOG)t RECORDS; FILM INVENTORY Entire medical, bi ling, and diagnostic file, including but not limited to. any and all record correspondence to and from the consulting and/or treating ;;physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescri tion records, medical billing and payment records, x-ray films and tests wi subsequent reports, including any and all such items as may be stored in a omputer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Re ested: up to and including the present. Subject : MARTHA DETWILER 14 CRELTEN CIRCLE, CAMP HILL, PA 17011 Social Se urity #: EEE-Sx-9339 Date of Births 07-07-1945 R2.31 116-H I SU10-0851638 25080-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER SUDEN, DDS As a prerequisite to Rule 4009.22 MCS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-5219 service of a subpoena for documents and things pursuant behalf of KYLE N. THOMPSON, ESQ. certifies that (1) A notice o intent to serve the subpoena with a copy of the subpoena attached t ereto was mailed or delivered to each party at least twenty day prior to the date on which the subpoena is sought to be served, (2) A copy of attached (3) No object (4) The s is at DATE: 07/14/2010 R2.31 116-H e notice of intent, including the proposed subpoena, is this certificate, to the subpoena has been received, and a which will be served is identical to the subpoena which to the notice of intent to serve the subpoena. MCS on//behalf oaf]/ /S/ ??NGe V JhOrne3on' eii. KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD@KILCOYNELAW.COM DE11-1138489 25080-L06 f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DETWEILER File No. 08-5219 VS. SUDEN, DDS TO: Custodian of Recor s for GREGORY H. KADEL, D.D.S. (Name of Person or Entity) Within twenty (20) days aft r service of this subpoena, you are ordered by the court to produce the following documents or things: SER ATTACHED RIDER at The MCS GroM2- Inc.1 1601 Market StrerA. Suite 800, Philadeinhia, PA 19103 You may deliver or mail with the certificate of coi to seek, in advance, the n If you fail to produce the the party serving this sub THIS SUBPOENA WAS NAME: ADDRESS: TELEPHONE: (215)246: SUPREME COURT ID #: ATTORNEY FOR: D JUL 13 21 Date: Seal of the copies of the documents or produce things requested by this subpoena, together to the parry making this request at the address listed above. You have the right e cost of preparing the copies or producing the things sought. vents or things required by this subpoena within twenty (20) days after its service, may seek a court order compelling you to comply with it. AT THE REQUEST OF THE FOLLOWING PERSON: BY T OURT: 1? P otary/Cler c, Civil Division Deputy ATION OF REQUIRED RECORDS TO: CUSTODIAN OF GREGORY H. KADEL, 1199 COLONIAL RD HARRISBURG, PA RE: 25080 MARTHA DETWILER FOR: D. S. 17112 Prior approval is r quired for fees in excess of $150.00 for hospitals, $100.00 or all other providers. INCLUDING PATHOLOGY1RECORDS; FILM INVENTORY Entire medical, bil ing, and diagnostic file, including but not limited to any and all records correspondence to and from the consulting and/or treating physicians, files, emoranda, handwritten notes, history and physical reports, medication/prescrip ion records, medical billing and payment records, x-ray films and tests wit subsequent reports, including any and all such items as may be stored in a omputer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Req Subject : Social Date of ted: up to and including the present. RTHA DETWILER 14 CRELTEN CIRCLE, CAM HILL, PA 17011 ity #: XXX-EE-9339 h: 07-07-1945 R2.31 116-H I SU10-0851640 25080-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: DETWEILER SUDEN, DDS As a prerequisite to Rule 4009.22 MCS COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 08-5219 service of a subpoena for documents and things pursuant behalf of KYLE N. THOMPSON, ESQ. certifies that (1) A notice o intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty day prior to the date on which the subpoena is sought to be served, (2) A copy of he notice of intent, including the proposed subpoena, is attached t this certificate, (3) No objection to the subpoena has been received, and (4) The s is at DATE: 07/14/2010 R2.31 116-H a which will be served is identical to the subpoena which to the notice of intent to serve the subpoena. MCS on////behalf of /S/ J? 0 V 56230n, e3l. KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT ABRADBARD®KILCOYNELAW.COM DE11-1138492 25080-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DET WEILER VS. SUDEN, DDS TO: Custodian of File No. 08-5219 for UNITED CONCO DIA (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 iD .R * * * * at You may deliver or mail with the certificate of cot to seek, in advance, the n If you fail to produce the the party serving this sub THIS SUBPOENA WAS NAME: ADDRESS: TELEPHONE: (215) 246 SUPREME COURT ID #: ATTORNEY FOR: D AOL 13 Date: copies of the documents or produce things requested by this subpoena, together to the party making this request at the address listed above. You have the right e cost of preparing the copies or producing the things sought. vents or things required by this subpoena within twenty (20) days after its service, may seek a court order compelling you to comply with it. AT THE REQUEST OF THE FOLLOWING PERSON: BY COURT: P otary/Cler Civil Division Deputy Seal of the ATION OF REQUIRED RECORDS TO: CUSTODIAN OF R + UNITED CONCORDIA 1800 CENTER STREET CAMP HILL. PA 170 RE: 25080 MARTHA DETWILER FOR: Prior approval is r quired for fees in excess of $150.00 for hospitals, $100.00 or all other providers. GROUP #258139000 Any and all insuran medical. reports and, documentation suppo: payments, payee and as may be, stored in pertaining to: e records and PIP files, including but not limited to or records, claims, any and all correspondence, ting plaintiffs claim, payments including dates of reasons for payments, including any and all such items a computer database or otherwise in electronic form, Dates Re steds up to and including the present. Subject s TBA DETWILER 14 CBELTEN CIRCLE, CAMP BILL, PA 17011 social Sec rity #: XXX-XX-9339 Date of Bi the 07-07-1945 R2.31 116-H I SUIO-0851642 25080-LO7 James L. Goldsmith Esq Attorney I.D. No. 27115 Jeffrey T. McGuire, Esq. Attorney I.D. No. 73617 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney fol? Plaintiffs p r T? ICS. I= T I1t. I J ; 1410 N'0 TA R Y 3.. 00 s Y MARTHA L. DETWEILER: and JOHN R. DETWEILER, Plaintiffs vs. STEPHEN SUDEN, DDS, and STAAB & SUDEN ASSOCIATES, INC Defendants ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5219 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' AND NOW comes the Plaintiffs, Martha L. Detweiler ar and through their attorneys, Caldwell & Kearns, P.C., and files and avers in support thereof as follows: 39. Denied. 40. Denied. The averments of paragraph 40 are co allegations of fact and the: same are thereby denied. 41. Denied. The averments of paragraph 41 are co allegations of fact and the same are thereby denied. 42. Denied. 43. Denied. The averments of paragraph 43 are cone allegations of fact and the same are thereby denied. 44. Denied. The averments of paragraph 44 are conclusions of law and not allegations of fact and the same are thereby denied. 45. Denied. The averments of paragraph 45 are conclusions of law and not allegations of fact and the same are thereby denied. 46. Denied. The averments of paragraph 46 are conclusions of law and not allegations of fact and the! same are thereby denied. 47. Denied. The averments of paragraph 47 are conclusions of law and not allegations of fact and the same are thereby denied. 48. Denied. The averments of paragraph 48 are conclusions of law and not allegations of fact and the same are thereby denied. 49. Denied. The averments of paragraph 49 are conclusions of law and not allegations of fact and the same are thereby denied. 50. Denied. The averments of paragraph 50 are conclusions of law and not allegations of fact and the same are thereby denied. WHEREFORE, Plaintiffs Martha L. Detweiler and John ?. Detweiler demand judgment in their favor as against all others and in an amount ink excess of the jurisdictional limit for arbitration.. Date: November 3, 2010 By: ro es/?./ Gold;?mith E ?q. r e I.D.. o. 2711 ey T. McGuire, Es . rney I.D. No. 7361 Caldwell & Kearns 3631 North Front StreEt Harrisburg, PA 17110 (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 3rd day of November, 2010, l hereby copy of Plaintiffs' Answer to Defendants' New Matter on the folli true and correct copy of the same in the U.S. Mail at Harrisburg prepaid, addressed to: Kyle N. Thompson, Esq. Kilcoyne & Nesbitt, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendants CALDWELL & BY: that I have served a ng by depositing a Pennsylvania, postage is 08019-001/169324 James L. Goldsmith Esq. n-I E= Attorney I.D. No. 27115 - Caldwell & Kearns, P.C. `- c"n r 3631 North Front Street ; - Harrisburg, PA 17110 `r ti. =` f (717) 232-7661 Fax (717) 232-2766 Attorney for Plaintiffs w MARTHA L. DETWEILER and IN THE COURT OF COMMON PLEAS JOHN R. DETWEILER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 08-5219 STEPHEN SUDEN, DDS, and STAAB & SUDEN ASSOCIATES, INC. : JURY TRIAL DEMANDED Defendants MOTION FOR STATUS CONFERENCE AND NOW come Plaintiffs Martha L. Detweiler and John R. Detweiler, by and through their attorneys, Caldwell & Kearns, P.C., and file the within Motion for Status Conference, and in support thereof, aver as follows: 1. On February 24, 2009, Plaintiffs filed a three-count Complaint against Defendants. 2. Count One asserts a claim for negligence against Defendant Stephen Suden, DDS. 3. Count Two asserts a claim for corporate and vicarious liability against Defendants Staab & Suden Associates, Inc. 4. Count Three asserts a loss of consortium claim against Defendants Stephen Suden and Staab & Suden Associates, Inc. 5. On February 24, 2009, Plaintiffs filed a Certificate of Merit against Defendant Stephen Suden, DDS. 6. On or about June 5, 2009, Defendants filed an Answer with New Matter. 7. The parties have exchanged discovery. 8. On August 10, 2010, Plaintiff John Detweiler was deposed. 9. On August 10, 2010, Plaintiff Martha Detweiler was deposed. 10. On October 19, 2010, Defendant Stephen Suden, DDS, was deposed. 11. On November 4, 2010, Plaintiffs filed a Reply to Defendants' New Matter. 12. On August 17, 2011, James L. Goldsmith, Esquire, counsel for Plaintiffs, wrote to opposing counsel regarding placing the matter on the trial list. 13. On August 31, 2011, Kyle N. Thompson, Esquire, counsel for Defendants, responded to Attorney Goldsmith, indicating "once I produce my expert reports, which will be soon, we can proceed to trial." 14. The last docketed activity was on November 4, 2010. 15. To date, Plaintiffs' counsel has received no further response from counsel for Defendants. 16. No judge has ruled upon any other issue in the same or related matter. 17. On April 1, 2012, counsel for Defendants was provided with a copy of the proposed Motion for Status Conference, and concurs/denies concurrence with the within Motion. WHEREFORE, Plaintiffs respectfully request that this Honorable Court schedule a Status Conference in the above-captioned matter. Respectful y Submitted, CALDL & KEA% Date: Y: -Z . Lem, Jam L. Goldsmi , squire orney I.D. No. 27115 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 90 day of , 2012, I hereby certify that I have served a copy of Plaintiffs' Motion for Status Conference on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Kyle N. Thompson, Esq. Kilcoyne & Nesbitt, LLC 630 Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendants CALDWELL & KEARNS BY: 08019-001 /188715 MARTHA L. DETWEILER and JOHN R. DETWEILER, Plaintiffs VS. STEPHEN SUDEN, DDS, and STAAB & SUDEN ASSOCIATES, INC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5219 : JURY TRIAL DEMANDED ORDER AND NOW, this 1 ? day of 2012, upon consideration of Plaintiffs Martha Detweiler and John Detweiler's Motion for Status Conference, it is hereby del c? ORDERED that a Status Conference is scheduled to occur in the on the I-1 day of , 2012 at I ;304.m. THE C Ul l Thomas A. Placefy Common Pleas Judge Distribution: rr, n J James L. Goldsmith, Esquire, 3631 North Front Street, Harrisburg, PA 17110 ?7... =`a ? Kyle N. Thompson, Esquire, Kilcoyne & Nesbit, 630 Germantown Pike, Suite 121 w - Plymouth Meeting, PA 19462 ? 'V P e-5 YKa' 08019-001/188892 I ? ,/ / , MARTHA L. DETWEILER AND JOHN R. DETWEILER, Plaintiffs V. STEPHEN SUDEN, DDS, AND STAAB & SUDEN ASSOCIATES, INC., Defendants CIVIL ACTION - IN LAW CIVIL ACTION NO: 2008-5219 ORDER OF COURT AND NOW, this 16th day of July 2012 in review of Defendants 9 July 2012 letter requesting a trial date continuance from the February Term and Plaintiff's 13 July 2012 letter indicating no objection to the request, the Order of Court dated 18 2012 is amended as follows: (3) Based on a review of the parties' schedules, trial week will be the week of 20 May 2013, with a Pre-trial Conference on 8 May 20 The remainder of that Order shall remain in full force and effect. By the Court, mh Distribution List: James L. Goldsmith, Esq. David J. Evenhuis, Esq. 3631 N. Front Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT i Thomas A. lacey -v nJ t- zr I> C-, N ay T, Kyle N. Thompson, Esq. Kristine A. Clark, Esq. 630 Germantown Pike Suite 121 Plymouth Meeting, PA 19462 e-op ; e'5 Itia led -711&1fa PI MARTHA L. DETWEILER AND JOHN R. DETWEILER, Plaintiffs IN THE COURT OF COMMON P THE NINTH JUDICIAL COURT V. STEPHEN SUDEN, DDS, AND STAAB & SUDEN ASSOCIATES, INC., Defendants CIVIL ACTION - IN LAW CIVIL ACTION NO: 2008-5219 ORDER OF COURT AND NOW, this 18th day of May 2012 following a 17 May 2012 status conference at which David J. Evenhuis, Esquire was present for Plaintiffs and Kristine Clark, Esquire was present on behalf of Defendants and following representations m it is Ordered and Directed that: (1) Defense expert's report shall be done within thirty days; (2) The case is otherwise ready for listing it for trial; (3) Based of review of counsel's schedules trial will be the week of the 25th of February 2013, with a pre-trial conference on the the 13th of February 2013; (4) Either party may list the case as trial ready once the expert report is received. U _ _ l :a rn h E _' CL Dis* utgn List: By the Court, Thomas A. Placey C.P.J. 1?` James L. Goldsmith, Esq. David J. Evenhuis, Esq. 3631 N. Front Street Harrisburg, PA 17110 Kyle N. Thompson, Esq. Kristine A. Clark, Esq. 630 Germantown Pike Suite 121 Plymouth Meeting, PA 19462 ( p ;CS tRa .'?"l 7?a.lo?i? ?l? MARTHA L. DETWEILER AND JOHN R. DETWEILER, Plaintiffs V. STEPHEN SUDEN, DDS, AND STAAB & SUDEN ASSOCIATES, INC., Defendants 1*JL off IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - IN LAW CIVIL ACTION NO: 2008-5219 ORDER OF COURT AND NOW, this 25th day of July 2012 it being brought to the court's atte that the Status Conference Order of 18 May 2012 (attached) had not been a corrected Status Conference Order is issued, which includes the amendment requested post status conference. (1) Defense expert's report shall be done within thirty days; (2) The case is otherwise ready for listing it for trial; (3) Based of review of parties' scheduled, trial week will be the week of 20 May 2013, with Pre-trial Conference on 8 May 2013. (4) Either party may list the case as trial ready once the expert report is received. By the Court, .? t,Di oib J& List: C C--4 c_ Thomas Y P1acey C.P.J. 4k .k ? James L. Goldsmith, Esq. David J. Evenhuis, Esq. 3631 N. Front Street Harrisburg, PA 17110 ? Kyle N. Thompson, Esq. Kristine A. Clark, Esq. 630 Germantown Pike Suite 121 Plymouth Meeting, PA 19462 +� R CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THO SON, ESQ. Attorney f r DEFENDANT MCS # 25080-L09 DE11 cJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: DETWEILER -VS- SUDEN, DDS COURT OF COMMON PLEAS TERM, CASE NO: 08-5219 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JAMES GOLDSMITH, ESQ., PLAINTIFF COUNSEL MCS on behalf of KYLE N. THOMPSON, 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. DATE: 11/18/2014 CC: KYLE N. THOMPSON, ESQ. - 185-355 JAMES GOLDSMITH, ESQ. CALDWELL & KEARNS 3631 N. FRONT STREET HARRISBURG, PA 17110 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 25080-CO1 DE02 LOCATION NAME >» LOCATION LIST «< PAGE: 1 RECORDS REQUESTED DR. ERIC UNGER CUMBERLAND SURGERY CENTER DR. CRAIG ANZUR DR. FRED ALBA DR. JOSHUA GREENBERG UNITED CONCORDIA ENDODONTICS ASSOCIATES MEDICAL, BILLING, AND RADIOLOGY MEDICAL, BILLING, MEDICAL, BILLING, MEDICAL, BILLING, MEDICAL, BILLING, HEALTH INSURANCE MEDICAL, BILLING, RADIOLOGY & PATHOLOGY RADIOLOGY & PATHOLOGY AND RADIOLOGY AND RADIOLOGY AND RADIOLOGY MCS # 25080-CO1 DE02 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. ERIC UNGER (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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL, PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COUV: Prothonotary/Clerk, Civil Division 25080-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ERIC UNGER 161 OLD SCHOOL HOUSE LANE MECHANICSBURG, PA 17055 RE: MCS # 25080-L09 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical. billing and diagnostic file from 07-01-2010 to the present. including but not limited to any and all inpatient and outpatient records, correspondence to and from the consulting and treating physicians. Including all files. memoranda, handwritten records and notes, history and physical reports. Supply all emergency room records, physical therapy records, medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEGs, EKGs, EMGs. MRIs and x-rays and all corresponding reports or inventories. This should contain all records in your possession all office and admission charts, labs archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L09 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L11 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND SURGERY 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 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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL. PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: IPffgkifou Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 25080-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND SURGERY CENTER 200 CUMBERLAND PARKWAY MECHANICSBURG. PA 17055 RE: MCS # 25080-L11 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical file, including but not limited to any and all inpatient and outpatient records, ER records. physical therapy records files. memoranda, handwritten notes, emails, phone messages, history. physical reports. and all prescriptions records. Billing - Please provide any and all billing. insurance claims. and payments. outstanding and delinquent invoices. Radiology - Provide all diagnostic films and tests «DOS» , including CAT scans. CT scans. EEGs. EKGs. EMGs, MRIs and x-rays and all corresponding reports or inventories. Pathology - Including all pathology reports only. This should contain all records in your possession, all office and admission charts. all archived records. or records in storage. Including any and all items as may be stored in a computer data base or otherwise electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER, OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L11 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L12 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. CRAIG ANZUR (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 • 1 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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL. PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT D #: ATTORNEY FOR: Defendant Date: Ili 4112014 Seal of the Court —/d2a;GL BY THE CO T: Prothonotary/Clerk, Civil Division 25080-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. CRAIG ANZUR 4225 TRINDLE RD. CAMP HILL, PA 17011 RE: MCS # 25080-L12 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical file. including but not limited to any and all inpatient and outpatient records, ER records. physical therapy records files. memoranda. handwritten notes. emails, phone messages, history. physical reports. and all prescriptions records. Billing - Please provide any and all billing. insurance claims.. and payments. outstanding and delinquent invoices. Radiology - Provide all diagnostic films and tests «DOS» , including CAT scans. CT scans. EEGs. EKGs. EMGs. MRIs and x-rays and all corresponding reports or inventories. Pathology - Including all pathology reports only. This should contain all records in your possession. all office and admission charts. all archived records. or records in storage. Including any and all items as may be stored in a computer data base or otherwise electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER, OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L12 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L13 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. FRED ALBA (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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL. PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT:—/O4A% Prothonotary/Clerk, Civil Division 25080-13 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. {FRED ALBA 116 CUMBERLAND PARKWAY MECHANICSBURG, PA 17055 RE: MCS # 25080-L13 MARTHA DETWILER. 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical, billing and diagnostic file, including but not limited to any and all inpatient and outpatient records, correspondence to and from the consulting and treating physicians. Including all files, memoranda, handwritten records and notes, history and physical reports. Supply all emergency room records, physical therapy records, medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEGs. EKGs. EMGs. MRIs and x-rays and all corresponding reports or inventories. This should contain all records in your possession all office and admission charts, labs archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER, OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L13 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L14 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO': Custodian of Records for DR. JOSHUA GREENBERG (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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL, PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: M9414-1'4 Seal of the Court BY THE CO T: Prothonotary/Clerk, Civil Division 25080-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JOSHUA GREENBERG 99 NOVEMBER DRIVE CAMP HILL, PA 17011 RE: MCS # 25080-L14 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical, billing and diagnostic file, including but not limited to any and all inpatient and outpatient records, correspondence to and from the consulting and treating physicians. Including all files, memoranda, handwritten records and notes, history and physical reports. Supply all emergency room records, physical therapy records, medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEGs. EKGs. EMGs, MRIs and x-rays and all corresponding reports or inventories. This should contain all records in your possession all office and admission charts, labs archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER, OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L14 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L15 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for UNITED CONCORDIA (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: KYLE N. THOMPSON, ESO. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL, PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 2t$ Seal of the Court Prothonotary/Clerk, Civil Division 25080-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UNITED CONCORDIA P.O. BOX 69421 HARRISBURG, PA 17106 RE: MCS # 25080-L15 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide any and all records, pertaining to the member. Include all claims, claim notices, appeals, payments and reimbursements. Supply any and all medical records, reports, prescription and pharmacy records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as maybe stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L15 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DETWEILER SUDEN, DDS TERM, CUMBERLAND -VS- CASE NO: 08-5219 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KYLE N. THOMPSON, 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: 12/10/2014 MCS on behalf of KYLE N. THOMPSON, ESQ. Attorney for DEFENDANT MCS # 25080-L16 DE11 DETWEILER vs. SUDEN, DDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-5219 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ENDODONTICS ASSOCIATES (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: KYLE N. THOMPSON, ESQ. ADDRESS: 925 HARVEST DRIVE SUITE 200 BLUE BELL. PA 19422 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 14 Seal of the Court BY THE CO Prothonotary/Clerk, Civil Division 25080-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ENDODONTICS ASSOCIATES 1199 COLONIAL ROAD HARRISBURG. PA 17112 RE: MCS # 25080-L16 MARTHA DETWILER 14 CHELTEN CIRCLE CAMP HILL, PA 17011 Social Security #: XXX -XX -9339 Date of Birth: 07-07-1945 Please provide entire medical, billing and diagnostic file, including but not limited to any and all inpatient and outpatient records, correspondence to and from the consulting and treating physicians. Including all files, memoranda, handwritten records and notes, history and physical reports. Supply all emergency room records, physical therapy records, medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEGs, EKGs, EMGs, MRIs and x-rays and all corresponding reports or inventories. This should contain all records in your possession all office and admission charts, labs archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. PLEASE PROVIDE THE BEST DIAGNOSTIC QUALITY FOR ALL IMAGES ON FILM, PHOTOGRAPH PAPER, OR DISC. PLEASE PROVIDE LIST OF FILMS PRIOR TO SENDING ANY STUDIES Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 25080-L16 SU10