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Home My WebLink About09-2008SCHMIDT KRAMER PC Q BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(&srklaw. com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, No. CIVIL ACTION -LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION Defendants : JURY TRIAL DEMANDED N 0 T I C E TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 SCECUMT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thymanaa,srklaw. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. Qc?,aUOg cJv? ? PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants : CIVIL ACTION -LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(@srklaw.com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. g _016,0 g" CNr PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Hallie O. Head is an adult residing in Loysville, Perry County, Pennsylvania. 2. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center (Defendant is hereinafter identified as CRMC) is a profit-making corporation holding itself out as providing medical services, including emergency room services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Lancaster HMA Physician Management Group, Inc., d/b/a Central Penn Medical Group (Defendant is hereinafter identified as Lancaster HMA Physician Management) is a profit-making corporation providing emergency room professional services to the general public at Carlisle Medical Center on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania in January 2008. 4. Defendant Patricia L. Frierson, M.D. is a physician holding herself out as having expertise in the practice of emergency medicine. 5. At all times relevant to this case, Dr. Frierson practiced emergency medicine at the Carlisle Regional Medical Center in Carlisle, Cumberland County, Pennsylvania. 6. Defendant Kevin Gold, PA-C, is a physician's assistant practicing within the emergency room setting at Carlisle Regional Medical Center in Carlisle, Cumberland County, Pennsylvania in January 2008. 7. This is a professional liability action brought against the named Defendants. Certificates of Merit are attached hereto. 8. The professional negligence alleged herein arose from treatment provided to Hallie O. Head at the Carlisle Regional Medical Center Emergency Room on January 15, 2008. 9. On January 15, 2008, Patricia L. Frierson, M.D. was an employee of Lancaster HMA Physicians Management, and at the time she was involved in the care of Hallie O. Head, was acting within the scope and in the interest of her employer. 10. On January 15, 2008, Kevin Gold, PA-C, was an employee of Lancaster HMA Professional Management and was acting within the scope of his employment and in the interest of his employer while involved in the treatment of Plaintiff, Hallie O. Head. 11. On January 15, 2008, Kevin Gold, PA-C, was an employee of Defendant Carlisle Regional Medical Center and was acting within the scope of his employment and in the interest of CRMC while treating Plaintiff, Hallie O. Head. 12. While treating Hallie O. Head on January 15, 2008, Defendants Patricia L. Frierson, M.D. and Kevin Gold, PA-C, were ostensible agents of Carlisle Regional Medical Center. 13. At approximately 2:30 P.M. on January 15, 2008, Hallie O. Head, an otherwise healthy 24-year-old, came to the Carlisle Regional Medical Center Emergency Room with complaints of left knee pain following a fall on a trampoline. 14. During her 2:30 P.M. ER visit, Plaintiff was examined by a physician assistant, not an emergency room physician. 15. During her 2:30 P.M. ER visit, an x-ray was done of Plaintiffs knee. 16. While Plaintiff, Hallie O. Head was in the emergency room on January 15, 2008, the only medical person who interpreted Hallie O. Head's x-ray was a physician assistant. 17. Plaintiff's x-ray showed that she had suffered a fracture of the tibial plateau as well as a fracture of her fibula. Plaintiff was then placed in a knee immobilizer, given crutches, a Schedule III narcotic pain killer and sent home with instruction to see an orthopedic surgeon the next morning. 18. The written instructions provided to Ms. Head directed her to seek immediate attention if she developed pain, swelling, and numbness. 19. Plaintiff was discharged from the ER at approximately 4:45 P.M. 20. Defendant Frierson was listed as the emergency room physician and did sign her emergency room record. Dr. Frierson, however, did not speak with Ms. Head, examine Ms. Head, personally review her x-rays or offer any specific instructions to her at the time of discharge concerning her condition during the January 15, 2:30 P.M. ED visit to CRMC. 21. At approximately 10:00 P.M., Hallie O. Head returned to the emergency room with the symptoms which the discharge instructions from her five (5) hour visit earlier stated required "immediate medical attention." 22. The signs and symptoms which are recorded in Ms Head's medical records for her return visit at 10:00 P.M. ED visit were classic signs and symptoms for compartment syndrome, a medical emergency placing the patient at risk for permanent serious damage to the nerves of the leg, which mandates immediate surgical intervention. 23. On the January 15, 2008, 10:00 P.M. visit to the emergency room, the only medical professional to speak with, examine or prescribe treatment for Hallie O. Head was Defendant Kevin Gold, PA-C, a physician assistant. 24. Defendant Gold did not discuss Ms. Head's signs symptoms or findings with an orthopedic surgeon, although one was on-call and readily available. 25. Defendant Gold did not have Defendant Frierson to personally examine Plaintiff nor did he discuss Plaintiff's case with Dr. Frierson on the night of January 15, 2008, even though she was the physician of record and presumably present in the ED. 26. Dr. Frierson did not participate in Ms. Head's care while she was in the Carlisle ED on January 15, 2008 starting at approximately 10:00 P.M. 27. Neither Defendant Gold nor Frierson ordered any of the readily available tests or conducted the proper examination to rule out the presence of compartment syndrome of the lower extremity. 28. Instead, Ms. Head was given a heavier narcotic medication which relieved her pain temporarily and was sent home with an instruction to contact an orthopedic surgeon in the morning. No specific instructions were given as to what circumstances would require immediate medical attention. 29. Consistent with what she had been told by the emergency room, Plaintiff Hallie O. Head reported to Appalachian Orthopedics early in the morning of January 16, 2008. She was immediately diagnosed with compartment syndrome and given emergency surgery to relieve the pressure in her compartment. 30. Despite treatment Plaintiff had myonecrosis of the anterior compartment of the left leg which required additional surgeries and debridement beyond the initial relief of pressure. 31. Plaintiff also developed a neuropathic foot, multiple recurring abscesses including MRSA infections, a complete loss of sensation in her foot, pain and shooting electrical feelings in portions of her foot. She is unable to walk without a brace. 32. The negligence of all the Defendants as alleged herein contributed to Plaintiff's continuing problems as described in the previous paragraphs. 33. As a direct result of the Defendants' joint and several negligence alleged herein Plaintiff has suffered the following damages: a) Medical costs past and future; b) Permanent loss of use of portions of her left leg and foot; c) Past loss of wages; d) A diminution of her earning capacity and loss of future earning; e) Scarring; fl Deformity; g) Loss of life's pleasures; h) Past and future pain and suffering; and i) Any and all other damages to which she is entitled under the common law for the injuries suffered as a result of personal injury for which the Defendant's substandard care was a legal cause. COUNT I HALLIE O. HEAD v. KEVIN GOLD, PA-C 34. Paragraphs 1 through 33 are incorporated herein by reference. 35. Defendant Kevin Gold, PA-C, is liable to Hallie O. Head for the damages alleged herein which were the direct result of Defendant Gold's substandard care in: a) Sending the Plaintiff home on January 15, 2008 without fully evaluating her for compartment syndrome; b) Failing to recognize the presence of the signs and symptoms of compartment syndrome when treating Plaintiff on January 15, 2008; c) Failing to consult with any emergency room physician concerning the diagnosis or treatment of Plaintiff Hallie O. Head during her visit on January 15, 2008; d) Failing to consult with any orthopedic surgeon concerning the diagnosis and treatment of Hallie O. Head on January 15, 2008; e) Failing to determine the actual cause of Plaintiffs increased leg symptoms upon her return visit to the emergency room at approximately 10:00 P.M. on January 15, 2008; fl Failing to request, order or make an effort to have diagnostic testing performed on the compartments of Plaintiff's leg on January 15, 2008; g) Advising Plaintiff that her increased pain was the result of her own actions when it was not; h) Failing to rule out compartment syndrome during Plaintiffs visits to the emergency room on January 15, 2008; i) Failing to give full and complete instructions to Plaintiff concerning the circumstances under which she needed to return to the emergency room after discharging her from the emergency room on January 15, 2008; j) Failing to diagnosis Plaintiffs compartment syndrome; k) Failing to have a high index of suspicion for compartment syndrome given the nature of Plaintiff's history and presenting signs and symptoms at the time of her return visit to the Carlisle Regional Medical Center emergency room at approximately 10:00 P.M. on January 15, 2008; and 1) Exceeding his level of expertise and acting in a manner inconsistent with the rules, practices and regulations governing Physicians Assistants applicable at the Carlisle Regional Medical Center Emergency Department on January 15, 2008. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Kevin Gold, PA-C, for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II HALLIE O. HEAD v. PATRICIA L. FRIERSON, M.D. 36. Paragraphs 1 through 35 and Count I are incorporated herein by reference. 37. Defendant Patricia L. Frierson, M.D. is liable to Plaintiff for substandard care in: a) Sending the Plaintiff home on January 15, 2008 without fully evaluating her for compartment syndrome; b) Failing to recognize the presence of the signs and symptoms of compartment syndrome when treating Plaintiff on January 15, 2008; c) Failing to consult with any orthopedic surgeon concerning the diagnosis and treatment of Hallie O. Head on January 15, 2008; d) Failing to determine the actual cause of Plaintiff's increased leg symptoms upon her return visit to the emergency room at approximately 10:00 P.M. on January 15, 2008; e) Failing to request, order or make an effort to have diagnostic testing performed on the compartments of Plaintiff's leg on January 15, 2008; fl Failing to rule out compartment syndrome during Plaintiffs visits to the emergency room on January 15, 2008; g) Failing to give full and complete instructions to Plaintiff concerning the circumstances under which she needed to return to the emergency room after discharging her from the emergency room on January 15, 2008; h) Failing to diagnosis Plaintiffs compartment syndrome; i) Failing to have a high index of suspicion for compartment syndrome given the nature of Plaintiff's history and presenting signs and symptoms at the time of her return visit to the Carlisle Regional Medical Center emergency room at approximately 10:00 P.M. on January 15, 2008; j) Failing to supervise Kevin Gold, PA-C in that he exceeded his level of expertise and acted in a manner inconsistent with the rules, practices and regulations governing Physicians Assistants applicable at the CRMC Emergency Department on January 15, 2009 in treating Hallie Head; k) Co-signing Plaintiff's medical records without seeing Plaintiff; 1) Failing to supervise the physicians' assistants under her control in a fashion required by the Physician Assistant Act and the applicable standard of care; and m) Receiving information from Kevin Gold, PA-C and other staff which should have prompted her to place compartment syndrome on Hallie O. Head's differential diagnosis but failing to take all the necessary and expected steps to rule it out. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Patricia L. Frierson, M.D. for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III HALLIE O. HEAD v. CARLISLE HMA, INC. d/b/a CARLISLE REGIONAL MEDICAL CENTER 38. Paragraphs 1 through 37 and Counts I and II are incorporated herein by reference. 39. Defendant Kevin Gold, PA-C, was an employee of Defendant Carlisle Regional Medical Center at the time he treated Plaintiff Hallie O. Head on January 15, 2008. 40. Defendant Kevin Gold, PA-C, was the ostensible agent of Carlisle Regional Medical Center when he treated Plaintiff Hallie O. Head on January 15, 2008. 41. Defendant Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center is vicariously liable for the negligence of Defendant Kevin Gold, PA-C, as alleged herein. 42. Defendant Patricia L. Frierson, M.D was an employee of Defendant Carlisle Regional Medical Center at the time she treated Plaintiff Hallie O. Head on January 15, 2008. 43. Defendant Patricia L. Frierson, M.D. was an ostensible agent of Carlisle Regional Medical Center at the time she treated Hallie O. Head on January 15, 2008. 44. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center is vicariously liable for the negligence of Defendant Patricia L. Frierson, M.D. as alleged herein. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV HALLIE O. HEAD v. LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP 45. Paragraphs 1 through 44 and Counts I, II, and III are incorporated herein by reference. 46. Defendant Kevin Gold, PA-C, was an employee, servant or agent of Defendant Lancaster HMC Physician Management Group d/b/a Central Penn Medical Group at the time he treated Plaintiff Hallie O. Head on January 15, 2008. 47. Defendant Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group is vicariously liable for the negligence of Defendant Kevin Gold, PA-C, as alleged herein. 48. Defendant Patricia L. Frierson, M.D. was an employee, servant or agent of Defendant Lancaster HMC Physician Management Group d/b/a Central Penn Medical Group at the time she treated Plaintiff Hallie O. Head on January 15, 2008. 49. Defendant Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group is vicariously liable for the negligence of Defendant Patricia L. Frierson, M.D. as alleged herein. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. Date: O/ o?? 4 0D / Respectfully submitted, SCHMIDT KRAMER PC B C 144 , S Terryym quire I.D. No. 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 2 ?.opt St 69? SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(a),srklaw c o m HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants : CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO PATRICIA L. FRIERSON, M.D. I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: © an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully submitted, Date: o 4 dpx 9 SCHMIDT KRAMER PC Thy S. IbAan, Es ID # 36807 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff(s) S, ?F? SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman srklaw corn HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants No. CIVIL ACTION -LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO KEVIN GOLD, PA-C I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: © an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully submitted, Date: o? o ?v I SCHMIDT KRAMER PC 2W_#"4-1A T6&-S. H n, Esq} ID # 36807 209 State Street / Harrisburg, PA 1 717-232-6300 Attorney for Plaintiff(s) 2,07.vI SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thYman(&srklaw com - HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, : No. : CIVIL ACTION -LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION Defendants : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLISLE HMA, INC., d/b/a CARLISLE REGIONAL MEDICAL CENTER I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. SCHMIDT KRAMER PC _o?? teas Date: L Ter S. Hym , Esq. IN ID # 36807 IN 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff(s) 2.0?a1 SCEWMT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(a)srklaw com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, . No. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO LANCASTER HMA PHYSICIAN MANAGEMENT d/b/a CENTRAL PENN MEDICAL GROUP I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: © the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: a*?-k 0200 SCHMIDT KRAMER PC 5 By Ter S. Hy , Esq. )4, ID # 36807 20? 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff(s) VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Hallie O. Head, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: allie O. Head fr.3 lk l ? Q t Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ?0w,?tr oC ?Cumtlcr??fi? o. A, OFFICE QF THE SHERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/31/2009 04:29 PM - Noah Cline, D puty Sheriff, who being duly sworn according to law, states that on April 2, 2005 at 1629 hours, he served true copy of the within Complaint and Notice, upon the within named defendan to wit: Patricia L. Frierson MD, by making known unto herself personally, defendant at 361 Alexander Spring Road, Carlisle, Cu mberland County, Pennsylvania 17015 its contents and at the same time handin to her personally the said rue and correct copy of the same. 03/31/2009 04:30 PM - Noah Cline, D puty Sheriff, who being duly sworn according to law, states that on April 2, 2005 at 1630 hours, he served true copy of the within Complaint and Notice, upon the within named defendan to wit: Kevin Gold, PA-C, y making known unto Anthony Guarracino DO, adult in charge at location of defendant at 361 Alexand r Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time han ing to him personally the said true and correct copy of the same. 03/31/2009 04:29 PM - Noah Cline, D puty Sheriff, who being duly sworn according to law, states that on April 2, 2005 at 1629 hours, he served true copy of the within Complaint and Notice, upon the within named defendan to wit: Carlisle HMA, by king known unto Georgeanne Laughman, Director of Risk Managment for defendant at 361 Alexand r Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time han ing to her personally the said true and correct copy of the same. 03/31/2009 03:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2009 at 1510 hours, he s rved a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lancas r HMA Physician Management Group, by making known unto Georgeann Laughman, Director of Ri k Management for defendant at 361 Alexander Spring Road, Carlisle, Cumberla County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $80.92 April 06, 2009 Docket No. 20nQ-200A Hallie Head v Patricia PriE SO ANSWERS, R TH /ASS KLINE, SHERIFF By.?` srson, M. D. Depu S erif By Deputy Sheriff OF THE FR`Y.Jr Rvl? rARY 2089 APR -8 A 8: 48 cumi : s : ii-j ,"?t?j#, NTY I THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D. AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, V. Plaintiffs PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-2008 CIVIL JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Evan Black, Esquire, Stephanie Hersperger, Esquire and the law firm of Thomas, Thomas & Hafer, LLP on behalf of Defendants, Patricia L. Frierson, M.D. and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group only, with respect to the above-captioned matter. Respectfully submitted, J Date: THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, first class, postage prepaid, as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Kevin Gold, PA-C c/o Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, PA 17015 ?Ib Date: J L. Wolfe, Legal Secretary OF THE PRO, '--?-,INMARY 2009 APR 17 PH 1: 49 C- LF i'.ITV i're 4ois'y" ANA of THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant, KEVIN GOLD, PA-C HALLIE O. HEAD, V. Plaintiffs PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-2008 CIVIL JURY TRIAL DEMANDED Defendants. ENTRY OF APPEARANCE Please enter the appearance of Evan Black, Esquire, Stephanie Hersperger, Esquire and the law firm of Thomas, Thomas & Hafer, LLP on behalf of Defendant, Kevin Gold, PA-C, with respect to the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ?J BY Evan , Esquire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, first class, postage prepaid, as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Date: -' ?°•?''V S, t d? J L. Wolfe, Legal Secretary RI.ED-'0,?-!CL OF THc Pt , , -'-W07APy 2009 MAY -4 PH 2: w 0 cut r c L:V f, t 1?/ A 0. HEAD, IN THE COURT OF COMMON PLEAS Plaintiffs FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION THOMAS THOMAS & HAFER, LLP Evan Blac, Esquire Attorney I. . 17884 Stephanie . Hersperger, Esquire Attorney I. . 78735 P.O. Box 9R9 Harrisburg PA 17108 (717)441- 051 Attorneys or Defendants, PATRICI L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP PATRI IA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLI LE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants No. 09-2008 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel: ou are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP Date: By: 4anE Black, Esquire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 _10 THOMAS THOMAS & HAFER, LLP Evan Blac , Esquire Attorney I. . 17884 Stephanie L. Hersperger, Esquire Attorney 1.3. 78735 P.O. Box 999 Harrisburg PA 17108 (717) 441-7051 Attorneys or Defendants, PATRICI L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRA PENN MEDICAL GROUP HALLI> O. HEAD, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA PATRI IA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLI LE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSI IAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL Defendants. CIVIL ACTION No. 09-2008 CIVIL JURY TRIAL DEMANDED TO PLAINTIFF'S COMPLAINT ND NOW come Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and HMA Physician Management Group d/b/a Central Penn Medical Group ("Answ?ring Defendants"), by and through their counsel, Thomas, Thomas and Hafer, LLP, Od respond to Plaintiff's Complaint as follows: , "..1 1 Denied. After reasonable investigation, Answering Defendants are without knowled?e or information sufficient to form a belief as to the truth of the allegations in this paragraph of Plaintiff's Complaint, and thus, the same are deemed denied and strict proof demanded at the time of trial. All allegations contained in this also are generally denied pursuant to Pa.R.C.P. No. 1029(e). The allegations contained in this paragraph are directed to a party other than Answering Defendants and no response is deemed required. To the extent a response is deemed required, all allegations are denied as conclusions of law and denied pursuant to Pa.R.?.P. No. 1029(e). All allegations are placed at issue and strict proof thereof is at the time of trial. Admitted. Admitted. Admitted. Admitted. Admitted only that Plaintiff is asserting a professional liability claim herein a6d has attached Certificates of Merit hereto. However, it is denied that any care and/or 4eatment provided by Answering Defendants was below the standard of care and strict prof of same is demanded at the time of trial. Admitted that Plaintiff is claiming that the alleged professional negligence arose from the treatment provided to Plaintiff at the Carlisle Regional Medical Center ("CRM ") Emergency Room on January 15, 2008. However, it is denied that any care and/or t eatment provided by Answering Defendants was below the standard of care and strict nr of of same is demanded at the time of trial. 2 9? Admitted. 10. Admitted. 111. Denied as stated. By way of further answer, Answering Defendant, Kevin Gold, PA-C, although working in the CRMC Emergency Room on January 15, 2008, was not e4oyed by CRMC. Rather, Answering Defendant, Kevin Gold, PA-C, was by Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group a?d acting within the scope of said employment at all times relevant herein. The allegations are denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 2. The allegations contained in this paragraph of Plaintiff's Complaint are of law as opposed to statements of fact, and therefore, no response is To the extent an answer is deemed required, said allegations contained herein are deni d pursuant to Pa.R.C.P. No. 1029(e) and strict proof is demanded at the time of trial. 1-21. The allegations contained in these paragraphs of Plaintiff's Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the ti*ie of trial. 2. To the extent that this paragraph of Plaintiff's Complaint alleges of law, no response is necessary. To the extent a response is deemed , it is averred that at all times relevant hereinto, Answering Defendants, Dr. Frierson and Gold, PA-C, acted within the appropriate standard of care and did not cause any harm to Plaintiff, and as such, strict proof of same is demanded at the time of trial. By wa? of further answer, the remaining allegations contained in this paragraph of 3 I -A X Plaintiffs Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of Isame is demanded at the time of trial. .-26. The allegations contained in these paragraphs of Plaintiff's Complaint are generall denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 7. To the extent that this paragraph of Plaintiff's Complaint alleges of law, no response is necessary. To the extent a response is deemed , it is averred that at all times relevant hereinto, Answering Defendants, Dr. and Gold, PA-C, acted within the appropriate standard of care and did not cause any hart to Plaintiff, and as such, strict proof of same is demanded at the time of trial. By way of further answer, the remaining allegations contained in this paragraph of #s Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof 0f same is demanded at the time of trial. -29. The allegations contained in these paragraphs of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the tithe of trial. -31. Denied as stated. By way of further answer, Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity f the allegations of the injuries sustained by Plaintiff as alleged in these of Plaintiff's Complaint, therefore, same are denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. Moreover, all that any care or treatment provided by Answering Defendants, Dr. Frierson and Gold, PA-C, was negligent or caused Plaintiff any losses or damages is specifically 4 i ,, denied as Answering Defendants acted with the requisite standard of care at all times relevant.; Therefore, all allegations are placed at issue and strict proof thereof is at time of trial. Denied. To the extent that this paragraph of Plaintiff's Complaint alleges conclusions of law, no response is necessary. To the extent a response is deemed necessary, it is averred that at all times relevant hereinto, Answering Defendants, Dr. Frierson and Gold, PA-C, acted within the appropriate standard of care and did not cause any harri to Plaintiff, and as such, strict proof of same is demanded at the time of trial. 3. Denied as stated. To the extent that the allegations contained in this and subparagraphs (a) through (i) of Plaintiff's Complaint are legal a response to same is deemed not necessary. To the extent a response is deemed ? necessary, Answering Defendants are without sufficient knowledge or to form an opinion or belief as to the truth or falsity of the allegations of injuries, losses or damages sustained by Plaintiff as alleged in this paragraph and (a) through (i) of Plaintiff's Complaint and, therefore, same are denied to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. Moreover, all allegations that any care or treatment provided by Answering Defendants, Dr. Frierson and Gold, PA-C, was negligent or caused Plaintiff any injuries, losses o damages is specifically denied as Answering Defendants acted with the requisite of care at all times relevant. As such, all allegations are placed at issue and strict proof is demanded at time of trial. 5 J COUNTI HALLIE O. HEAD v. KEVIN GOLD, PA-C 14. Answering Defendants incorporate their responses to paragraphs 1-33 as if set forth he?e and at length. 5(a)-(1). Denied as stated. To the extent that the allegations contained in this and subparagraphs of Plaintiff s Complaint are legal conclusions, a response to same isl deemed not necessary. To the extent a response is deemed necessary, all is ns that any care or treatment provided by Answering Defendant, Kevin Gold, PA-C, 4vas negligent, substandard or caused or contributed to any injuries, losses or to Plaintiff is specifically denied as Answering Defendant acted with the requisit4 standard of care at all times relevant. Therefore, all allegations are placed at issue an strict proof thereof is demanded at time of trial. The remaining averments are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the tune of trial. Answering Defendants demand judgment in their favor and against 411 other parties, together with costs. COUNT II HALLIE O. HEAD v. PATRICIA FRIERSON, M.D. 6. Answering Defendants incorporate their responses to paragraphs 1-35 as if set forth he?e and at length. 7(a)-(m). Denied as stated. To the extent that the allegations contained in this and subparagraphs of Plaintiff's Complaint are legal conclusions, a response to same i? deemed not necessary. To the extent a response is deemed necessary, all 6 allegations that any care or treatment provided by Answering Defendant, Dr. Frierson, was negligent, substandard or caused or contributed to any injuries, losses or damages to Plaintiff is specifically denied as Answering Defendant acted with the requisite standard of care 4t all times relevant. Therefore, all allegations are placed at issue and strict proof thereof is demanded at time of trial. The remaining averments are generally denied to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. Answering Defendants demand judgment in their favor and against 11 other parties, together with costs. COUNT III HALLIE O. HEAD v. CARLISLE HMA. INC. d/b/a CARLISLE REGIONAL MEDICAL CENTER 8. Answering Defendants incorporate their responses to paragraphs 1-37 as if set forth he e and at length. 19. Denied as stated. To the contrary, on January 15, 2008, Answering Gold, PA-C, was employed by Lancaster HMA Physician Management Group O/a Central Penn Medical Group. The allegations contained in this paragraph of Plaintiff's Complaint are of law as opposed to statements of fact, or are directed to a party other than Answer. ng Defendants, and therefore, no response is required. To the extent an answer is deemed required, said allegations contained herein are denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof is demanded at the time of trial. 1. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact, or are directed to a party other than 7 Answering Defendants, and therefore, no response is required. To the extent a response is deemed jrequired by Answering Defendants, all allegations are denied as conclusions of law and denied pursuant to Pa.R.C.P. No. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. Denied as stated. To the contrary, on January 15, 2008, Answering Dr. Frierson, was employed by Lancaster HMA Physician Management Group d, b/a Central Penn Medical Group. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact, or are directed to a party other than i?g Defendants, and therefore, no response is required. To the extent an answer is deemed required, said allegations contained herein are denied pursuant to Pa.R.C.P. No. 1029(e) 4nd strict proof is demanded at the time of trial. The allegations contained in this paragraph of Plaintiff's Complaint are of law as opposed to statements of fact, or are directed to a party other than Defendants, and therefore, no response is required. To the extent an answer is deemed required, said allegations contained herein are denied pursuant to Pa.R.C.P. No. 1029(e) Ond strict proof is demanded at the time of trial. Answering Defendants demand judgment in their favor and against a?l other parties, together with costs. 8 COUNT IV d/b/a CENTRAL PENN MEDICAL GROUP 5. Answering Defendants incorporate their responses to paragraphs 1-44 as if set forth here and at length. Admitted in part and denied in part. It is admitted that Answering Gold, PA-C, was an employee of Answering Defendant, Lancaster HMA ic* Management Group d/b/a Central Penn Medical Group, at the time he treated Plaintiff on January 15, 2008. The remaining allegations contained in this paragraph of if f s Complaint are denied as legal conclusions to which no response is required and strict proof of same is demanded at the time of trial. 7. The allegations contained in this paragraph of Plaintiff's Complaint are of law as opposed to statements of fact and therefore, no response is To the extent an answer is deemed required, all allegations that any care or provided by Answering Defendant, Gold, PA-C, was negligent, substandard or caused cr contributed to any injuries, losses or damages to Plaintiff is specifically denied as Ansv ering Defendant acted with the requisite standard of care at all times relevant. all allegations are placed at issue and strict proof thereof is demanded at time of trial. The remaining averments are generally denied pursuant to Pa.R.C.P. No. 1029(e) and stria proof of same is demanded at the time of trial. Admitted in part and denied in part. It is admitted that Answering Dr. Frierson, was an employee of Answering Defendant, Lancaster HMA Management Group d/b/a Central Penn Medical Group, at the time she treated intiff Ion January 15, 2008. The remaining allegations contained in this paragraph of 9 Plaintiffs Complaint are denied as legal conclusions to which no response is required and strict proof of same is demanded at the time of trial. Denied as stated. To the extent that the allegations contained in this paragraph of Plaintiffs Complaint are legal conclusions, a response to same is deemed not necessary. To the extent a response is deemed necessary, all allegations that any care or treatment provided by Answering Defendant, Dr. Frierson, was negligent, substandard or caus d or contributed to any injuries, losses or damages to Plaintiff is specifically denied 4s Answering Defendant acted with the requisite standard of care at all times Therefore, all allegations are placed at issue and strict proof thereof is at time of trial. The remaining averments are generally denied pursuant to Pa.R.C.I . No. 1029(e) and strict proof of same is demanded at the time of trial. ORE, Answering Defendants demand judgment in their favor and against all other parties, together with costs. NEW MATTER 50. Answering Defendants incorporate their responses to paragraphs 1-49 as if set forth here and at length. 1. Plaintiffs Complaint fails to state a claim upon which relief can be granted. Answering Defendants, Dr. Frierson and Gold, PA-C, were at no time relevant to the within cause of action negligent. PA-C, Any acts or omissions of Answering Defendants, Dr. Frierson and Gold, to constitute negligence and/or carelessness and/or malpractice were not 10 I I-, the substantial causes or factors of the subject incident and/or did not result in any incident lor injuries alleged by Plaintiff. 4. Plaintiff assumed the risk of medical treatment rendered. 5. Plaintiff's claims are barred, limited or reduced by the Pennsylvania Compar tive Act, 42 Pa. C.S.A. §7102. 6. If the Plaintiff sustained injuries or damages or alleged, said allegations being specifically denied, said injuries were caused by Plaintiff's failure to exercise reasona le care under the circumstances and, therefore, Plaintiff's claims are barred or reduced by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102. 7. If Plaintiff suffered injuries as alleged, such allegations being specifically denied, laintiff s injuries were caused by persons, entities, occurrences, instrumentalities or even unrelated to and not under the control of Answering Defendants. 8. Answering Defendants are entitled to and assert all defenses on limitations and damages which are available to them under the Health Care Services Malpractice Act, 40 a. C.S.A. §1301.1.01. et seq. 9. Answering Defendants, Dr. Frierson and Gold, PA-C, at all times material hereto, cted in a careful, reasonable, and prudent manner consistent with the required of care. 0. Answering Defendants are entitled to and incorporate herein by reference the defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660. 1. The injuries and/or damages alleged to have been sustained by the Plaintif were not proximately caused by Answering Defendants. 11 t '_, .f Any care and/or treatment which may have been provided by Answering Dr. Frierson and Gold, PA-C, was at all times, reasonable, proper, ate and conformed to the standard of care. Pa.R.C.P. No. 238 for delay damages is inapplicable under the facts of the present case and is unconstitutional and in violation of the Constitution of the United States a0d the Constitution of the Commonwealth of Pennsylvania. Plaintiff may have entered into a release, discharging Answering from any liability whatsoever in this matter. 5. Plaintiff's claims, the existence of which is specifically denied by Defendants, may be reduced and/or limited by any collateral source of and/or benefit in accordance with the Pennsylvania Supreme Court isior( in Moorhead v. Crozer Chester Medical Center. At all times relevant hereto, Answering Defendants, Dr. Frierson and Gold, PA-C, acted within and followed the precepts of a school of thought followed by a number of qualified and well respected specialists in the field and, y, their professional conduct was fully commensurate with the applicable of care. Evidence at trial may establish two or more schools of thought to the issues presented in this case. In the event that it is determined that Answering Defendants were with regard to any of the allegations contained in and with respect to the s Complaint, said allegations being specifically denied, discovery may establish that sai4 negligence was superseded by the intervening negligent acts of other persons, parties 4nd/or organizations other than Answering Defendants and over whom said 12 f Defendants had no control, right of control, or responsibility and, therefore, Defendants are not liable. To the extent that the evidence may show that other persons, partnerships, or other legal entities caused or contributed to the injuries or the pre- existing icondition of the Plaintiff, then the conduct of Answering Defendants was not the legal ca*se of such conditions or injuries. Answering Defendant raises all affirmative defenses of the Medical Care Availability and Reduction of Error (MCare) Act a/k/a Act 13 of 2002 as a limitibar to Plaintiffs claims. Insofar as Answering Defendants or any person for whom they are or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ fr?m another appropriate treatment modality, then Answering Defendants raise the "two schools of thought" defense. 11. Plaintiff shall have no right to recover for any amount which was paid by a public collateral source of compensation or benefits under §602 of the Health Care I Service Malpractice Act. ' 2. Plaintiff's claim for recovery of medical expenses paid by a third party, including an insurance carrier, is barred pursuant to §602 of the Health Care Services Malpractice Act. 3. Plaintiff's injuries and losses, if any, were not caused by the conduct or neglige ce of Answering Defendants, but rather were caused by pre-existing medical conditi s and causes beyond the control of Answering Defendants and therefore, Plaintif(may not recover against Answering Defendants. 13 I f ' 4. If any injuries and damages as alleged in Plaintiff's Complaint, were caused whole or in part by persons or entities over whom Answering Defendants had no dutylto supervise or control, then Answering Defendants are not liable, and Plaintiff may not recover against them. 5. At no time relevant hereto was any other natural person, partnership, or legal entity acting or serving as an agent, servant, employee or otherwise for or of behalf of Answering Defendants. RE, Answering Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C a?d Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group, deny any and all liability to any party whatsoever, demand that the case be dismissed with prejudice, and that judgment be entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: -?-Izr7 van lack, Esquire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 305 North Front Street r P.O. Box 999 j Harrisburg, PA 17108 Attorneys for Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group 14 !. _t VERIFICATION Patricia L. Frierson, M.D., hereby state and aver that I have read the foregoing Answer with New Matter to Plaintiff's Complaint which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the cont nt of the foregoing document is that of counsel, I have relied upon counsel in making his Verification. is statement is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false stateme s, I may be subject to criminal penalties. Date: 12 Patricia L. Frierson, M.D. t ? a,, VERIFICATION Kevin Gold, PA-C, hereby state and aver that I have read the foregoing Answer with Ne?v Matter to Plaintiff's Complaint which was drafted by my counsel. The factual staters is contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the con*nt of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. statement is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities, which provides that if I make knowingly false I may be subject to criminal penalties. Date: _ -S 7? 3 /C)q I //? C Kevin Gold, PA-C C ~ t VERIFICATION Physi I hereby affirm that the following facts are correct: The attached Answer with New Matter on behalf of Defendant, Lancaster HMA Management Group d/b/a Central Penn Medical Group, to Plaintiff's is based both upon information I have furnished to my Counsel and that has been gathered by my Counsel in preparation for the defense of the it. The language of the Answer with New Matter on behalf of Defendant, HMA Physician Management Group d/b/a Central Penn Medical Group, to s Complaint, is that of Counsel, and not of mine. I have read the Answer with New Matter on behalf of Defendant, Lancaster HMA Physician Management Group d/b/a Penn Medical Group, to Plaintiff's Complaint, and, to the extent that the Answers are b ed upon information that I have given to my Counsel, it is true and correct to the best o my knowledge, information, and belief. To the extent that the content of Answer with ew Matter on behalf of Defendant, Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group, to Plaintiff's Complaint, is that of Counsel, I have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New on behalf of Defendant, Lancaster HMA Physician Management Group d/b/a Penn Medical Group, to Plaintiffs Complaint, are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. on behalf Lancaster HMA sician Group d/b/a Central Penn Medical Center Date-7 -17-, L AO r CERTIFICATE OF SERVICE Gwen Cleck, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, first class, postage prepaid, as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Kevin Gold, PA-C c/o Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, PA 17015 Date: -09 {i(1 Gwen Cleck, Legal Secretary 18 ??- Tk r ?i ) r, Py 2009 A 2 G Add 10: "2 4 C! ,. Y SCHMMT RAMER PC BY: TE Y S. HYMAN, ESQUIRE I.D. 36807 209 State Street Ha isburg, PA 17101 (717) 232-6300 HALLIE 10. HEAD, PATRII KEVIN HMA d and GROUPi MEDICA Defendants : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As Attorneys for Plaintiff(s) V. Plaintiff k L. FRIERSON, M.D., 3LD, PA-C, CARLISLE /a CARLISLE ?L MEDICAL CENTER ;ASTER HMA LN MANAGEMENT /b/a CENTRAL PENN GROUP, prerequisite to service of a subpoena for documents and things pursuant Ito Rule 4009.22, Plaintiff certifies that: (1) attached prior to ti (2) attached 1 (3) Notice of intent to serve the subpoena with a copy of the subpoena was mailed or delivered to each party at least twenty (20) days date on which the subpoena is sought to be served; a copy of the notice of intent, including the proposed subpoena, is this certificate; no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is 4ttached to the notice of intent to serve the subpoena. Respectfully submitted, SCHMIDT KRAMER PC By: dr--- Ter . Hyman, Esquire ID #36807 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff Date: ! 5,//?. Z-/D 14? I SCHMIDTJKRAMER PC BY: TE RY S. HYMAN, ESQUIRE I.Di #36807 204 State Street Ha#risburg, PA 17101 (71 ?) 232-6300 HALLIE P. HEAD, Attorneys for Plaintiff(s) Plaintiff V. PATRICI L. FRIERSON, M.D., KEVIN G LD, PA-C, CARLISLE HMA d/ /a CARLISLE REGION L MEDICAL CENTER and LAN ASTER HMA PHYSICI N MANAGEMENT GROUP / b / a CENTRAL PENN MEDICA GROUP, Defendants in 1 nz L:UUKT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA Plaintiff, intends to serve a subpoena identical to the one that is attached to this No ice. 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 its made, the subpoena may be served. SCHMIDT KRAMER PC Date: By Ter S. Hyrnan I.D. N'6.--36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HALLIE O. H ?AD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 09-2008 PATRICIA L. ERSON, M.D., CIVIL ACTION - LAW KEVIN GOLD, A-C, CARLISLE HMA d/b/a C ISLE MEDICAL PROFESSIONAL LIABILITY ACTION REGIONAL M DICAL CENTER and LANCAST R HMA PHYSICIAN AGEMENT GROUP d/b/a ENTRAL PENN MEDICAL GR P, Defendants : JURY TRIAL DEMANDED TO: Antonio A drade, Executive Director Perry Con y Assistance Office 100 Centre Drive PO Box 28 New Bloom field, PA 17068-0280 Within twe ty (20) days after service of this subpoena, you are ordered by the Court to produce the following documen s or things: ENTIRE FILE IN REGARD TO HALLIE O. HEAD at the office of Terry S. Hyman, Esquire, S hmidt Kramer PC, 209 State Street, Harrisburg, PA 17101. You may de 'ver or mail legible copies of the documents or produce things requested by this subpoena, together vrith the C rtificate of Compliance, to the party making this request at the address listed above. If you fail to produce the documents or things required by this subpoena within twenty (20)days after its service, the par service this subpoena may seek a court order compelling you to comply with it. THIS SUBP ENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Terry S. Hyman, Es, 36807, Attorney for Schmidt Kramer PC, 209 State Street, Harrisburg, PA 17101, 717/232-6300, ID # BY THE COURT: /S/ (fCMOZX - k , Date: SE XL O THE OURT Prothonotary, Civil Division Deputy ??C??ERTIFICATE OF SERVICE AND NOW, this >// /"/ day of 2009, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a TE PREREQUISITE TO SERVICE OF SUBPOENA PURUSANT TO RULE .22 in the United States mail, postage prepaid at Harrisburg, Pennsyly ia, addressed as follows: Andrew F.I. Briggs, Esquire Post 8v Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaste , PA 17605 Evan Bla k, Esquire Thomas, homas & Hafer, LLP 305 N. Fr ont Street P.O. Box 99 Harrisbu iz, PA 17108 nic . Harmon OF THE F, ihAR,! 2099 MAY 20 PiI I ?; ?:, F . Y BY: ANDREW H. BRIGGS E-MAIL: abriggs@postschell.com I.D. # 53072 BY: BRADLEY N. SPROUT E-MAIL: bsprout@postschell.com I.D. # 203182 POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 PHONE: 717-391-4454 HALLIE O. HEAD Plaintiff VS. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP Defendants ATTORNEYS FOR DEFENDANT CARLISLE HMA, INC., DB/A CARLISLE REGIONAL MEDICAL CENTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2008 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Hallie O. Head c/o Terry S. Hyman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 You are hereby notified to plead to the within New Matter within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. By: / Dated: S/oZrlQ Andrew H. ggs, Es ire Bradley N. Sprout, Esquire Attorneys For Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center -2- TO THE PLAINTIFFS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU ANDREW H. BRIGGS ATTORNEY FOR DEFENDANT BY: ANDREW H. BRIGGS E-MAIL: abriggs@postschell.com I.D. # 53072 BY: BRADLEY N. SPROUT E-MAIL: bsprout@postschell.com I.D. # 203182 POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 PHONE: 717-391-4454 HALLIE O. HEAD Plaintiff VS. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP Defendants ATTORNEYS FOR DEFENDANT CARLISLE HMA, INC., DB/A CARLISLE REGIONAL MEDICAL CENTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2008 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT CARLISLE HMA, INC., DB/A CARLISLE REGIONAL MEDICAL CENTER, TO PLAINTIFF'S COMPLAINT Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center (hereinafter "Answering Defendant'), by and through its counsel, Post & Schell, P.C., hereby answers Plaintiff's Complaint in accordance with the numbered paragraphs thereof 1. Denied. After reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at trial, if relevant. Head v. Frierson Docket No. 09-2008 2. Denied as stated. Defendant Carlisle HMA, Inc. is a Pennsylvania business corporation which owns a hospital providing medical services - including, but not limited to, emergency department services - at its principal place of business, which is located at 361 Alexander Spring Road, Carlisle, Pennsylvania. Carlisle Regional Medical Center is the registered fictitious name of Carlisle HMA, Inc. 3. Denied. After reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiffs Complaint and, therefore, said allegations are denied and strict proof is demanded at trial, if relevant. 4. Admitted in part and denied in part. Answering Defendant admits that Patricia L. Frierson, M.D., is a physician. However, the remaining allegations in this paragraph are denied and strict proof is demanded at the time of trial, as Answering Defendant, after reasonable investigation, is without the knowledge or information sufficient to form a belief as to these allegations, as Plaintiff has failed to define what she means by "holding herself out as having expertise in the practice of emergency medicine." 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in this paragraph, as Plaintiff has failed to define what she means by "[a]t all time relevant to this case," and, therefore, said allegations are denied and strict proof is demanded at the time of trial, if relevant. However, Answering Defendant admits that Dr. Patricia L. Frierson practiced emergency medicine at Carlisle Regional Medical Center on January 15, 2008. 6. Admitted. -2- Head v. Frierson Docket No. 09-2008 7. Admitted in part and denied in part. Answering Defendant admits that Plaintiff s Complaint states that it is setting forth a professional liability action. Answering Defendant denies, as improper legal conclusions, all implications of breach of duty, causation, consequential injury and/or entitlement to damages arising from this allegation and demands strict proof at trial, if relevant. 8. Admitted in part and denied in part. Answering Defendant admits that the Plaintiff, Hallie O. Head, was seen twice in the Emergency Department of Carlisle Regional Medical Center on January 15, 2008. However, the remaining allegations in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies all allegations and implications of breach of duty, causation, consequential injury, and/or entitlement to damages. 9. Denied. The allegations contained in the corresponding paragraph do not refer to Answering Defendant and, thus, no response is required. To the extent that a response is required, after reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at trial, if relevant. 10. Denied. The allegations contained in the corresponding paragraph do not refer to Answering Defendant and, thus, no response is required. To the extent that a response is required, after reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding -3- Head v. Frierson Docket No. 09-2008 paragraph of Plaintiff s Complaint and, therefore, said allegations are denied and strict proof is demanded at trial, if relevant. 11. Denied. Kevin Gold, PA-C, was not an employee of Carlisle Regional Medical Center; rather, he is a physicians' assistant with privileges to practice at the Hospital. 12. Denied. The allegations in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering' Defendant denies that Patricia L. Frierson, M.D. or Kevin Gold, PA-C are ostensible agents of Carlisle Regional Medical Center, as that term is defined by Pennsylvania case law or Section 516 of the MCARE Act. Rather, Dr. Frierson is a physician with staff privileges at the Hospital, and Kevin Gold, PA-C, is a physicians' assistant with privileges to practice at the Hospital. 11-20. Admitted in part and denied in part. Answering Defendant admits that, according to the medical records, the Plaintiff, Hallie O. Head, presented to the Emergency Department of Carlisle Regional Medical Center at approximately 2:30 p.m. on January 15, 2008. The remainder of the allegations contained in the corresponding paragraphs of Plaintiffs Complaint are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 21.-28. Admitted in part and denied in part. Answering Defendant admits that, according to the medical records, the Plaintiff, Hallie O. Head, presented to the Emergency Department of Carlisle Regional Medical Center for a second time at approximately 10:00 p.m. on January 15, 2008. The remainder of the allegations contained in the corresponding paragraphs of Plaintiffs Complaint are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). -4- Head v. Frierson Docket No. 09-2008 29.-31. Denied. After reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations in the corresponding paragraph of Plaintiff's Complaint and, therefore, said allegations are denied and I strict proof is demanded at trial, if relevant. 32. Denied. This paragraph contains conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies all allegations and implications of breach of duty, causation, consequential injury, and/or entitlement to damages. 33. Denied. After reasonable investigation, Answering Defendant is without the knowledge or information sufficient to form a belief as to the truth of the factual allegations in the corresponding paragraph of Plaintiff's Complaint and, therefore, said allegations are denied and strict proof is demanded at trial, if relevant. Furthermore, this paragraph contains conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies all allegations and implications of breach of duty, causation, consequential injury, and/or entitlement to damages. COUNTI HALLIE O. HEAD v. KEVIN GOLD, PA-C 34. The responses contained in paragraphs 1 through 33 of Answering Defendant's Answer are incorporated herein by reference. 35(a) - (1). Denied. The allegations contained in this paragraph do not refer to Answering Defendant and, hence, no response is required. To the extent that a response is required, the factual allegations contained in this paragraph are denied pursuant to Pennsylvania -5- Head v. Frierson Docket No. 09-2008 Rule of Civil Procedure 1029(e). Furthermore, this paragraph contains conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. WHEREFORE, Answering Defendant respectfully requests that Plaintiffs Complaint be dismissed in its entirety and that Answering Defendant be reimbursed for all costs and expenses incurred in defending this action, including reasonable attorneys' fees. COUNT II HALLIE O. HEAD v. PATRICIA L. FRIERSON, M.D. 36. The responses contained in paragraphs 1 through 35 of Answering Defendant's Answer are incorporated herein by reference. 37(a) - (m). Denied. The allegations contained in this paragraph do not refer to Answering Defendant and, hence, no response is required. To the extent that a response is required, the factual allegations contained in this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). Furthermore, this paragraph contains conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. WHEREFORE, Answering Defendant respectfully requests that Plaintiff's Complaint be dismissed in its entirety and that Answering Defendant be reimbursed for all costs and expenses incurred in defending this action, including reasonable attorneys' fees. COUNT III HALLIE O. HEAD v. CARLISLE HMA, INC. d/b/a CARLISLE REGIONAL MEDICAL CENTER 38. The responses contained in paragraphs 1 through 37 of Answering Defendant's Answer are incorporated herein by reference. -6- Head v. Frierson Docket No. 09-2008 39. Denied. Kevin Gold, PA-C, was not an employee of Carlisle Regional Medical Center; rather, he is a physicians' assistant with privileges to practice at the Hospital. 40. Denied. The allegations in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies that Kevin Gold, PA-C is an ostensible agent of Carlisle Regional Medical Center, as that term is defined by Pennsylvania case law or Section 516 of the MCARE Act. Rather, he is a physicians' assistant with privileges to practice at the Hospital. 41. Denied. This paragraph contains conclusions of law to which the Pennsylvania I Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies all allegations and implications of breach of duty, causation, consequential injury, and/or entitlement to damages. 42. Denied. Patricia L. Frierson, M.D. was not an employee of Carlisle Regional Medical Center on January 15, 2008. Rather, Dr. Frierson is a physician with staff privileges at the Hospital. 43. Denied. The allegations in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies that Patricia L. Frierson, M.D. is an ostensible agent of Carlisle Regional Medical Center, as that term is defined by Pennsylvania case law or Section 516 of the MCARE Act. Rather, Dr. Frierson is a staff physician with privileges at the Hospital. -7- Head v. Frierson Docket No. 09-2008 44. Denied. This paragraph contains conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading and, thus, said conclusions of law are denied and strict proof is demanded at trial, if relevant. Specifically, Answering Defendant denies all allegations and implications of breach of duty, causation, consequential injury, and/or entitlement to damages. WHEREFORE, Answering Defendant respectfully requests that Plaintiff's Complaint be dismissed in its entirety and that Answering Defendant be reimbursed for all costs and expenses incurred in defending this action, including reasonable attorneys' fees. COUNT IV HALLIE O. HEAD v. LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP 45. The responses contained in paragraphs 1 through 44 of Answering Defendant's Answer are incorporated herein by reference. 46.-49. Denied. The allegations contained in this paragraph do not refer to Answering Defendant and, hence, no response is required. To the extent that a response is required, these allegations are denied and strict proof is demanded at trial, if relevant. WHEREFORE, Answering Defendant respectfully requests that Plaintiff's Complaint be dismissed in its entirety and that Answering Defendant be reimbursed for all costs and expenses incurred in defending this action, including reasonable attorneys' fees. NEW MATTER 50. The responses contained in paragraphs 1 through 49 of Answering Defendant's Answer are incorporated herein by reference. 51. The Plaintiff has failed to state a cause upon which relief may be granted. 52. The Answering Defendant was not negligent. -8- Head v. Frierson Docket No. 09-2008 53. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries I and/or losses alleged by the Plaintiff. 54. The incidents and/or damages described in Plaintiff's Complaint may have been I caused or contributed to by the Plaintiff. 55. If Plaintiff sustained the injuries alleged, proof of which is specifically demanded, said injuries may have been the result of the negligent or careless acts and/or omissions Plaintiff and/or other persons and/or entities over whom Answering Defendant exercised no I control. 56. The negligent acts or omissions of other individuals and/or entities may have I constituted intervening or superseding causes of the damages and/or injuries alleged to have been I sustained by the Plaintiff. Furthermore, Answering Defendant had no control over such acts or I omissions, and such acts or omissions were not due to or caused by default, lack of care, I negligence or breach of any duty of Answering Defendant. 57. The incident, injuries and/or damages sustained by the Plaintiff were not proximately caused by Answering Defendant. 58. The Plaintiff's claims may be barred by the Doctrine of the Assumption of Risk. 59. The Plaintiff's claims may be barred by the Doctrine of Contributory Negligence. 60. The Plaintiff's claims may be barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. § 7102 et. seq., the relevant portions of which are incorporated herein by reference as though same were more fully set forth at length herein. -9- Head v. Frierson Docket No. 09-2008 61. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standards of medical care at the time and place of treatment. 62. The Plaintiff failed to mitigate any damages allegedly sustained. 63. The Plaintiffs claims and/or request for damages are barred, limited, and/or precluded by the Doctrines of Res Judicata and/or Collateral Estoppel. 64. The Plaintiffs claims and/or request for damages are barred or limited by the I provisions of the Health Care Service Malpractice Act of 1975, 40 P.S. § 1301 et. seq., as amended. 65. Pa. R.C.P. 238 should be deemed unconstitutional, as a violation of the Due Process and the Equal Protection clauses of the 14th Amendment of the United States Constitution, as well as Article I, Sections 1 and 11 and Article 5, Section 10(c) of the Pennsylvania Constitution. In accordance with Pa. R.C.P. 238, Answering Defendant is not required to pay delay damages during those time periods in which Plaintiff s conduct delayed the trial. Moreover, delay damages may be further reduced in accordance with Pennsylvania law. 66. The Plaintiff s claims may be barred by the Doctrine of Release. 67. The Plaintiff s claims may be barred by the applicable Statute of Limitations. 68. The Plaintiffs claims may be barred in whole or in part by the Medical Care Availability and Reduction of Error Act and/or the Health Care Services Malpractice Act. 69. Plaintiffs Complaint fails to set forth sufficient facts to support a claim recklessness with regard to Answering Defendant. 70. Plaintiffs Complaint fails to set forth sufficient facts to warrant the imposition of punitive and/or exemplary damages. -10- Head v. Frierson Docket No. 09-2008 WHEREFORE, Answering Defendant respectfully requests that Plaintiff's Complaint be dismissed in its entirety and that Answering Defendant be reimbursed for all costs and expenses incurred in defending this action, including reasonable attorneys' fees. Respectfully submitted, POST & SCHELL, P.C. By: ef."-z %/? Dated: 5/26/001 Andrew H. B9 4K, Esqui Bradley N. Sprout, Esquire Attorneys For Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center - 11 - Head v. Frierson, et al. Docket No. 09-2008 VERIFICATION I HEREBY VERIFY that the statements made by the Defendant, CARLISLE HMA, INC., DB/A CARLISLE REGIONAL MEDICAL CENTER, that are contained in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. I certify that I am a duly authorized representative of Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, and, as such, am authorized to make this Verification on its behalf. CARLISLE HMA, INC., DB/A CARLISLE REGIONAL MEDICAL CENTER /1) By: Title: Director of Risk Dated: CERTIFICATE OF SERVICE I, BRADLEY N. SPROUT, ESQUIRE, attorney for Defendant, CARLISLE HMA, INC., D/B/A CARLISLE REGIONAL MEDICAL CENTER, hereby state that a true and correct copy of the foregoing document(s), sent by first-class mail, postage prepaid on the date set forth below, was served upon the following individual(s): Terry S. Hyman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 POST & SCHELL, P.C. By: Dated: a C', / 1001 Andrew H. Bri, Esquire Bradley N. Sp ut, Esquire Attorney For Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center 7 Tr ; , Y 4/6% SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE O I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) th mana,srklaw com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/ b / a CENTRAL PENN MEDICAL GROUP, Defendants : No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANTS PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP SO.-75. The allegations herein are conclusions of law lacking any material facts upon which an affirmative defense may be based. These allegations, therefore, are insufficient as a matter of law to raise any of the defenses asserted herein. Plaintiff is not required to respond to conclusions of law , but to the extent any response is required, the allegations are denied pursuant to PA. R.C.P. 1029 (e). SCHMIDT KRAMER PC Terry S. n, Esquire I.D. No. 36807 209 State Street Harrisburg, PA 17101 717/232-6300 Counsel for Plaintiff Date: ?-??lP 9 ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Date: 4 jT1 10 y =?``C``''"?E??RTIFICATE OF SERVICE AND NOW, this Q!day of 2009, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a PLAINTIFF'S ANSWER TO NEW OF DEFENDANTS PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Janice . Harmon THE "W, "M L: .?-, Ir 2p tt !"I ^?j SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 HALLIE O. HEAD, V. Attorneys for Plaintiff(s) Plaintiff PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED INC. D/B/A CARLISLE REGIONAL MEDICAL CENTER' 50.-70. The allegations herein are conclusions of law lacking any material facts upon which an affirmative defense may be based. These allegations, therefore, are insufficient as a matter of law to raise any of the defenses asserted herein. Plaintiff is not required to respond to conclusions of law , but to the extent any response is required, the allegations are denied pursuant to PA. R.C.P. 1029 (e). SCHMIDT KRAMER PC man, Esquire t6rfy' I.D. No. 36807 209 State Street Harrisburg, PA 17101 717/232-6300 Counsel for Plaintiff Date: 6?'/7/ //,,- CD9 ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. T S. Hyman, Esquire Date: Q 11110 610 9/ CERTIFICATE OF SERVICE AND NOW, this day of 2009, I, Janice S. Harmon LI/ an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a PLAINTIFF'S ANSWER TO NEW OF DEFENDANT CARLISLE HMA, INC., D/B/A CARLISLE RGIONAL MEDICAL CENTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Ja ice . Harmon FILED-OFFICE OF THE 2009 JOIN 12 PM 3: 35 t,f 1 BY: ANDREW H. BRIGGS E-MAIL: abriggs@postschell.com I.D. # 53072 BY: BRADLEY N. SPROUT E-MAIL: bsprout@postschell.com I.D. # 203182 POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 PHONE: 717-391-4454 HALLIE O. HEAD Plaintiff VS. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP Defendants ATTORNEYS FOR DEFENDANT CARLISLE HMA, INC., D/B/A CARLISLE REGIONAL MEDICAL CENTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2008 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE/JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center in the above-captioned matter. Also, please enter at this time my demand for a trial by twelve jurors. POST & SCHELL, P.C. By: Dated: June 17, 2009 Andrew riggs, Es uire Bradley . Sprout, Esquire Attorneys For Defendant Lancaster HMA Physician Management, Inc. and Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center .r CERTIFICATE OF SERVICE I, BRADLEY N. SPROUT, attorney for Defendant, CARLISLE HMA, INC., D/B/,P CARLISLE REGIONAL MEDICAL CENTER hereby state that a true and correct copy of the foregoing document(s), sent by first-class mail, postage prepaid on the date set forth below, wa; served upon the following individual(s): Terry S. Hyman, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Dated: 17 0°r POST & SCHELL, P.C. By: Andrew H ggs, Esquire Bradley N. Sprout, Esquire Attorney For Defendant Lancaster HMA Physician Management, Inc. and Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center -2- O- THE 2009 JIIJ 18 r ? l ? fi es F \ i'• lI AUG 1 Z 2009 ~ SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs} thyman(cr~,srklaw. com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICL4I~T MANAGEMENT GROUP d/ b / a CENTRAL PENN MEDICAL GROUP, No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED ORDER OF COURT It is hereby Ordered and Decreed that a Scheduling Conference in the above case shall be held before the Honorable %~ in his Chambers on ~~~Z~~ a ~ , 2009 at 3 :/.~ a~J p.m. Date: a ~ By the Court: 1 t ~ ~.~ ~~ 219 A11~ 14 P~ ~~ 32 Thomas, Thomas & Hafer -Harrisburg 305 North Front Street Sixth Floor Harrisburg, PA 17101 (717) 237-7100 Attorney for Lancaster HMA Physician Management Group d/a/a Centra Penn Medical Group, et al. Hallie O. Head Plaintiff, vs. Patricia L. Frierson, M.D., Kevin Gold, PA-C, Carlisle HMA, et al. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 09-2008 CIVIL 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 Evan Black, 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 20 day period has been waived by Counsel for Plaintiff (see attached correspondence). 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 o~f~ ~3~~`-e-~---' Evan Black, Esquire Thomas, Thomas & Hafer -Harrisburg State Bar No. 17884 305 North Front Street Sixth Floor Harrisburg, PA 17101 (717) 237-7100 Attorney for Lancaster HMA Physician Management Group d/a/a Centra Penn Medical Group, et al. Date: 09/29/2009 Thomas, Thomas & Hafer -Harrisburg 305 North Front Street Sixth Floor Harrisburg, PA 17101 (717) 237-7100 Attorney for Lancaster HMA Physician Management Group d/ala Centra Penn Medical Group, et al. Hallie O. Head Plaintiff, vs. Patricia L. Frierson, M.D., Kevin Gold, PA-C, Carlisle HMA, et al. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 09-2008 CIVIL 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: Andrew Briggs, Esquire Post & Schell, PC 1857 William Penn Way PO Box 10248 Lancaster, PA 17605 Terry Hyman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 NDS on behalf of Evan Black, Esquire Attorney for Lancaster HMA Physician Management Group d/a/a Centra Penn Medical Group, et al. Thomas, Thomas & Hafer -Harrisburg 305 North Front Street Sixth Floor Harrisburg, PA 17101 (717) 237-7100 Attorney for Lancaster HMA Physician Management Group d/a/a Centra Penn Medical Group, et al. Hallie O. Head Plaintiff, vs. Patricia L. Frierson, M.D., Kevin Gold, PA-C, Carlisle HMA, et al. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No. 09-2008 CNIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Terry Hyman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 NDS on behalf of Evan Black, 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: 09/29/2009 NDS on behalf of ~,~~ Evan Black, Esquire Thomas, Thomas & Hafer -Harrisburg State Bar No. 17884 305 North Front Street Sixth Floor Harrisburg, PA 17101 (717) 237-7100 Attorney for Lancaster HMA Physician Management Group d/ala Centra Penn Medical Group, et al. CC: Evan Black, Esquire COMMONWEAL-'TH OF PENNSYLVANIA COUNTY OF CUMBERLAND Hallie 0. Head File No. _ 09-2008 CIVIL Vs. Patricia L. Frierson, M.D.,, Kevin Gold, ' PA-C, Carlisle HMA, et al SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 at 'L'O; Cumberland Valley Pain Management (Name of Person or Entity) Within twenty {20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Any and all medical records, including but not limited to all bills, ogy, o ice notes, correspon ence, a ora ory es ng, consu a io s, diagnostic studies and radiology CD's from DOB to the present pertaining to " 0 Head DOB 02/06/1983, SSN• 205-62-4528. Nntinnal Document Services, 201 N. Chzrles St., X6320, Baltimore, MD 21201 (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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Evan Black, Esquire . ADDRESS: Thomas , Thomas & Haf er 305 N Front Street, 6th Floor Harrisburg, PA 17101 TELEPHONE: 717 -2 3 7 -7100 SUPREME COURT ID # ATTORNEY FOR: n f endant -....... Date: ... Seal of the Court BY THE COURT: Prothonotary, Civil Divi ion ~~ Deputy COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CiJNIBERI-AND Hallie 0. Head 09-2008 CIVIL File No. _ Vs. Patricia L. Frierson, M.D.,, Kevin Gold, ; PA-C, Carlisle HMA, et al . at SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kantor & Tkarch Associates, P.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: Any and all medical records, including but not limited to all bills, ogy, o ice notes, correspon ence, a ora ory es ing, consu a ons, diagnostic studies and radiology CD's from DOB to the present pertaining to 0 Head DOB 02/06/1983, SSN• 205-62-4528. T1~tinna~ i)ncument Services, 201 N. Chzrles St., ~~320, Baltimore, MD 21201 (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 havc the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to pFOduce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Evan Black, Esquire . ADDRESS: Thomas, Thomas & Hafer 305 N. Front Street, 6th Floor Harrisburg, PA 17101 TELEPHONE: 717-237-7100 SUPREME COURT ID # ATTORNEY FOR: n Pendant ~1CT ~.F ~~}nu Date: ' eal of the Court BY THE COURT: ~slCu.c~w~ eP. ~i°,-n.~ Prothonotary, Civil vision Deputy COMMONWEALTH OF PENNSYI-VANIA COUNTY OF CUMBERI-AND Hallie 0. Head 09-2008 CIVIL File No. _ Vs. ' Patricia L. Frierson, M.D.,, Kevin Gold, PA-C, Carlisle HMA, et al . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 at TO: Leber & Banducci (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, including but not limited to all bills, ogy, of ice notes, correspon ence, a ora ory es ing, consu a o , diagnostic studies and radiology SSNS 205m6D~4528,the present pertaining to 0 Head DO 02/06 1983 ,.,_~_,._,., ,,,,..,,n,o„r carv;ces. 201 N. Chzrles St., ~~320, Baltimore, MD 21201 - (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 pFOduce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Evan Black, Esquire . ADDRESS: Thomas, Thomas & Hafer 305 N Front Street, 6th Floor Harrisburg, PA 17101 _ TELEPHONE: 717-237-7100 SUPREME COURT ID # ATTORNEY FOR: npf ndant Seal of the CouTrt BY THE COURT: 1 /1 J1~ ~ ~ /1: Prothonotary, Civil Di ision ,~ /'~ may, ,_ ~ui~L (,! 012i~iJ,/ Deputy COMMONWEAI-TH OF PENNSYLVAI~tIA COUNTY OF CUNIBERI-AND Hallie 0. Head 09-2008 CIVIL . File No. Vs. ' Patricia L. Frierson, M.D.,, Kevin Gold, PA-C, Carlisle HMA, et al . SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 at TO: Perr Ph sicians PC (Name of Person or Eatity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: Any and all medical records, including but not limited to all bills, ogy, o ice notes, correspon ence, a ora ory es ng, consu a ons, diagnostic studies and radiology CDs from DOB to the present pertaining to Hal'f~e 0 Head DOB: 02/06/1983, SSN: 205-62-4528. ~,_..s__.,, T..n..mcnt RPrvices. 201 N. Chzrles St., ~~320, Baltimore, MD 21201 (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 pFOduce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Evan Black, Esquire ADDRESS: Thomas, Thomas & Hafer 305 N Front Street, 6th Floor Harrisburg, PA 17101 TELEPHONE: 717-237-7100 SUPREME COURT ID # ATTORNEY FOR: nefendant ',1t'T ~ (,' ~flt1A ., Date: ~.... . „ Seal of the Court BY THE COURT: .Prothonotary, .Civil Divi ion Deputy ^ 209 State Street Harrisburg, Pennsylvania 17101 I 717.232.6300 FAX 717.232.6467 www.schm idtkramer. com I NJU RY LAWYERS September 22, 2009 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 RE: Head v. Frierson, et al. Dear Evan: I have no objection to the service of subpoenas to Cumberland Valley Pain Management, Kantor & Tkarch Associates, PC, Leber & Banducci, Perry Physicians PC and hereby waive the 20-day notice period. I do, however, request copies of all records obtained pursuant to these subpoenas. Very truly yours, ~ SCHMIDT KR.AMER PC ,-~ ' Terry S~yma Attorn y at w TSH/jsh I cc: Andrew H Briggs, Esquire F~L~t~--~;rr f~~ 4F TNT P~~'~'^TAP.'Y 2009 OCT -2 PFD ~~ i 8 ~lL~t~-~ ~ ~. Fz c (1F T--.c F THOMAS, THOMAS 8~ HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP 2090 J~9~ -9 ~~~~ l2~ i 3 L.•'ti '~~7 r'~. '~~~~ ~ a HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA v CIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIl~ GOLD, PA-C, CARLISLE HMA d/b/. CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUT d/b/a CENTRAL PENN MEDICAL GROUP 09-2008 CIVIL Y TRIAL DEMANDED Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about May 17, 2010; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) The 20 day waiting period has passed and no objections have been received; and 779021.4 (4) The subpoenas that will be served are identical to the subpoenas that are attached to the notice of intent to serve subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: p By: Evan Black, Esquire Attorney LD. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant 779021.4 THOMAS, THOMAS 8~ HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA ~• ICIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE ,HMA d/b/~ CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMt~ PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. NOTICE OF INTENT TO SERVE SUBPOENAS TO :PRODUCE DOCUMENTS AND TAINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc., intend to serve subpoenas upon the following entities: 1. Hershey Pharmacy 2. Lawall at Hershey, Inc. 3. Central Pennsylvania Rehabilitation Services The subpoenas to be served are identical to the ones 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 776571.4 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMA & HAFER, LLP By: Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. 776571.4 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED To: Central Pennsylvania Rehabilitation Services 75 Evelyn Drive Millersburg, PA 17061 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire patient fle on Hallie O. Head, DOB: 02/06/1983, SS#205-62- 9528, including, but not limited to, all office notes, progress notes, nursing notes, therapv records, medication records, operative reports, photographs, radiology studies and reports, daily assessments, pl:ysicians orders, prescriptions, social services records, billing records, etc. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 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: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants To: Lawall at Hershey, Inc. 500 University Drive Hershey PA 17033 JURY TRIAL DEMANDED Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire patient Fle on Hallie O. Head, DOB: 02/06/1983, SS#205-62- 4528, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, photographs, radiology studies and reports, daily assessments, physicians orders, social services records, billing records, orders, prescriptions, etc. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 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 parry 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. 1 This subpoena was issued at the request of the following person: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants To: Hershey Pharmacy 731 Cherry Drive Hershey PA 17033 JURY TRIAL DEMANDED Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete coyy of your entire file on Hallie O. Head, DOB: 02/06/I983, SS#205-62-4528, including, but not limited to, all pharmacy records, nrescrintion records, orders, billing records, etc. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 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. 1 This subpoena was issued at the request of the following person: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2010, I, Kristi L. Munshower, a Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Terry S. Hyman, Esquire SCHMIDT KR.AMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 THOMAS, T,~IQMAS & HAFER, LLP L. Munshower, Paralegal 776571.4 CERTIFICATE OF SERVICE I, KRISTI L. MUNSHOWER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Date: f 779021.4 ~s~~ - - THOMAS, THOMAS 8~ HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP Lu ~ ~ .~ ~ ~ °s i ~ ~~; E i ~: i t~ ~iv`:_ i HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA v• (CIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/~ CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about June 4, 2010; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) Opposing counsel has waived the 20 day waiting period; and 779021.6 (4) The subpoenas that will be served are identical to the subpoenas that are attached to the notice of intent to serve subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ~ ° ~ ~ ` ~~ By: Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant 779021.6 THOMAS, THOMAS & HAFER, LLP Evan Blaclc; Esquire Attorney LD. 17884 Stephanie L. Hersperger, Esquire Attorney LD. 78735 P.O. Box 999 Harrisburg, PA 17108 (7]7)441-7051 Attorneys for Defendants; PATRICIA L. FRIERSON, M.D.. 1:EVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA v. (CIVIL ACTION PATRICIA L. FRIERSON, M.D., K~;VII\ GOLD, PA-C, CARLISLE HMA d/b/~ CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND TAINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Patricia L. Frierson, MD; Kevin Gold, PA-C, and Carlisle FIMA Physician Management, Inc., intend to serve subpoenas upon the following entities: 1. Carlton Busko, MD The subpoenas to be served are identical to the ones 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 776571.5 subpoenas. if no objection is made. the subpoenas may be served. Respectful)}~ submitted, THOMAS, THOMAS ~. HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie Hersperger, Esquire Attorney LD. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P:O. Boa 999 Harrisburg, PA 17108 (717) 441-701 Attorneys for Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. 776~71.~ Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUAl~'T TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA P}aintiff `~. No. 09-2(108 PATRICIA L. FRIERSON, M.D., KEVIN :CIVIL ACTION - LAVV GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL :MEDICAL PROFESSIONAL LIABILITY CENTER and CARLISLE HMA :ACTION PHI'SICIAN MANAGEMENT, INC., Defendants JC1RY TRIAL DEMANDED To: Carlton Busko, MD 606 Germany Ridge Road Elliottsburg, PA 17024 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete cope ofyour entire patient fle on Hallie O. Head, DOB: 02/06/1953, SS#205-62- 4528, including, but not limited to, all office notes, progress -zotes, nursing notes, tlzerapt~ records, medication records, operative reports, photographs, radiologt~ studies and reports, daily assessments, phyricians orders, prescriptions, social services records, hilling records, etc._ at Thomas Thomas & Hafer LLP P O Boa 999 Harrisburg PA 17108 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: Evan Black, Esquire Attorney' ID#7573 30~ North Front Street Harrisburg, PA 17105 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: B1' THE COURT: BY [Prothonotary] Seal of the Court 2 CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2010, I, Kristi L. Munshower, a Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Terry S. Hyman, Esquire SCHMIDT ILRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Wav P.O. Boa 10248 Lancaster, PA 17605-0248 THOMAS, THOMAS & HAFER, LLP __ 1 ~B}~~ ~ 1 I ~risti L. Munshower, Paralegal 77657].5 CERTIFICATE OF SERVICE I, KRISTI L. MUNSHOWER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Date: 779021.6 ~ - ~ •, ~ I L ~GI ~: THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie L. Hersperger, Esquire Attorney LD. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP _ ~. -~ Vv --- - _ a~~+,it r'~ _ ~. HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA v• (CIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVI\ GOLD, PA-C, CARLISLE HMA d/b/~ CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP 09-2008 CIVIL Y TRIAL DEMANDED Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about June 30, 2010; (2) certificate; (3) A copy of the notice of intent, including the proposed subpoenas, is attached to this Opposing counsel has waived the 20 day waiting period; and 779021.7 (4) The subpoenas that will be served are identical to the subpoenas that are attached to the notice of intent to serve subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 7' ~ ' ~ ~ By: Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant 779021.7 THOMAS, THOMAS 8~ HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie L. Hersperger, Esquire Attorney LD. 78735 P.O. Bot 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA ~• CCIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/; CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc., intend to serve subpoenas upon the following entities: 1. Sadler Health Clinic 2. Penn State Hershey Medical Center 3. Paul Juliano, MD The subpoenas to be served are identical to the ones 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 776571.7 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. 776571.7 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 09-2008 PATRICIA L. FRIERSON, M.D., KEVIN :CIVIL ACTION -LAW GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL :MEDICAL PROFESSIONAL LIABILITY CENTER and CARLISLE HMA :ACTION PHYSICIAN MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED To: Sadler Health Center 100 North Hanover Street Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire patient ale on Hallie O. Head, DOB: 02/06/1983, SS#205-62-4528, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports radiology studies and reports, daily assessments, phycicians orders, social services records, billing records, etc., from 03/04/2008,up to and including tlxe present time at Thomas Thomas & Hafer LLP P.O. Box 999 Harrisburg. PA 17108 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: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 09-2008 PATRICIA L. FRIERSON, M.D., KEVIN :CIVIL ACTION -LAW GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL :MEDICAL PROFESSIONAL LIABILITY CENTER and CARLISLE HMA :ACTION PHYSICIAN MANAGEMENT, INC., Defendants JURY TRIAL DEMANDED To: Penn State Hershey Medical Center 500 University Drive Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire patient file on Hallie O. Head, DOB: 02/06/1983, SS#205-62-4528, including, but not limited to, inpatient, outpatient, and clinic records, all ofFce notes progress notes, nursine notes, therapy records, medication records, operative reports, radiolo,QV studies and reports, daily assessments, plzysicians orders, social services records, billing records, etc., frown 0,6/16/2009 up to and includirz,~ the present Time at Thomas Thomas & Hafer LLP, P.O. Box 999, Harrisburg, PA 17108 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: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODLICE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants To: Paul J. Juliano, MD Department of Orthopedic Surgery Penn State Hershey Medical Center 500 University Drive Hershey, PA 17033 JURY TRIAL DEMANDED Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copt~ of your entire patient fle on Hallie O. Head, DOB: 02/06/1983, SS`#205-62-4528, including, but not limited to, inpatient, outpatient, and clinic records, all office notes, progress notes, nursing notes, tlzerapy records, medication records, operative reports, Ana (12/12/2009 uv to and ncludina the-.pre; at Thomas, Thomas & Hafer, LLP, P.O. Boa 999, Harrisburg, PA 17108 You may deliver or snail 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 1 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: Evan Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 CERTIFICATE OF SERVICE AND NOW, this ay of June, 2010, I, Kristi L. Munshower; a Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 187 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 1.,. ivlunsnower, raralegal 776 71.7 THOMAS, THOMAS & HAFER, LLP CERTIFICATE OF SERVICE I, KRISTI L. MUNSHOWER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Date: 7 7~ 's L. Munshower, Paralegal 779021.7 AUG p g 2010 SCHMIDT KRAMER PC '~ ~ E .`;~ .~.~, ~, BY: TERRY S. HYMAN, ESQUIRE LD. #36807 209 State Street ~Q.,, Harrisburg PA 17101 n V ~ « ~1~ ~/~' ~a"~ (7.17) 23Z-6300 ~~J' -, : ~ -!'~~'ttorneys for Plaintiff(s) - _ thpman a>~chmidtkramer.com ~ `~~ '' ',~ ` '''~' HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., Defendants No. 09-2008 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION .JURY TRIAL DEMANDED ORDER OF COURT AND ~. NOW, this lD l~ of 7~0 0, it is hereby ORDERED and DECREEED that .PLAINTIFF'S MOTION FOR VOLUNTARY DISCONTINUANCE AGAINST CARLISLE HMA D/B/A CARLISLE REGIONAL MEDICAL CENTER PURSUANT TO Pa.R.C.P. 229(b)(1) is GRANTED. As of the date of this Order, the claim against the above defendant is discontinued with prejudice. /Distribution List: V Andrew H. Briggs, Esquire, Post & Schell, P.C., P.O. Box 10248, Lancaster, PA 17605 ~ Evan Black, Esquire, Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 /Terry S. Hyman, Esquire, Schmidt Kramer PC, 209 State Street, Harrisburg, PA 17101 C'op~+~s rna.led ~/io/te 1 ~~L FE1pY»C-OF ICE UE THE - CfflfONOTARY THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP It S 11 : J 1^UMBERLAND COUtiTY PE?1,iSY'.NAN1A HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. (CIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants. o. 09-2008 CIVIL Y TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS FOR DISCOVERY PURSUANT TO RULE 4009,22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (l) A notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about June 23, 2010; (2) certificate; (3) A copy of the notice of intent, including the proposed subpoenas, is attached to this The twenty day notice period has lapsed and no objections have been received; and 779021.8 (4) The subpoenas that will be served are identical to the subpoenas that are attached to the notice of intent to serve subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: By: Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant 779021.8 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. ICIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/, CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HW PHYSICIAN MANAGEMENT GROUI d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc., intend to serve subpoenas upon the following entities: 1. Family Practice Center, Kelly Caruso, D.O. The subpoena to be served is identical to the one 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 776571.6 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: .. /. Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. 77671.6 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 09-2008 PATRICIA L. FRIERSON, M.D., KEVIN CIVIL ACTION - LAW GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL MEDICAL PROFESSIONAL LIABILITY CENTER and CARLISLE HMA ACTION PHYSICIAN MANAGEMENT, INC., Defendants : JURY TRIAL DEMANDED To: Kelly Caruso, D.O. Family Practice Center 1100 Montour Road Loysville, PA 17047 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of your entire patient file on Hallie O. Head, DOB: 0210611983, SS#205-62- 4528, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, photographs, radiology studies and reports, daily assessments, pl"sicians orders prescriptions, social services records, billing records, etc. from 0711012009 up to and including the present date at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108 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: Evan Black, Esquire Attorney ID478735 305 North Front Street Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C and Carlisle HMA Physician Management Group DATE: BY THE COURT: BY [Prothonotary] Seal of the Court 2 r CERTIFICATE OF SERVICE AND NOW, this ? day of June, 2010, I, Kristi L. Munshower, a Paralegal of the firm of Thomas, Thomas & Hafer LLP, hereby certify that 1 sent a true and correct copy of the foregoing document. by placing a copy of the same in the United States Mail, postage prepaid, to the following: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 THOMAS, THOMAS & HAFER, LLP j By. ? yr. Kr sti L. Munshower, Paralegal i 776571.6 CERTIFICATE OF SERVICE I, KRISTI L. MUNSHOWER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Date: d isti L. unshower, Paralegal 77902].8 ~} _~ J a~~i 6~~ 6 r?~ r~;°; 714F` ,,-j `, .'~r"1',IU 1t1i\ ~,` 1 THOMAS, THOMAS 8~ HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie L. Hersperger, Esquire Attorney LD. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)44]-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D.. KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROiJP d/b/a CENTRAL PENN MEDICAL GROUP r:u~~ ~..._. _ , ~ ;~ ~ .gyp ~!P ~~1 ~ __."~,.., o ~_v , , HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, Plaintiffs ENNSYLVANIA v' (CIVIL ACTION PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/; CARLISLE REGIONAL MEDICAI CENTER and LANCASTER HMS PHYSICIAN MANAGEMENT GROUT d/b/a CENTRAL PENN MEDICAL GROUP o. 09-2008 CIVIL Y TRIAL DEMANDED Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS FOR DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about August 25, 2010; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) The twenty day notice period has lapsed and no objections have been received; and 7790? 1.9 (4) The subpoenas that will be served are identical to the subpoenas that are attached to the notice of intent to serve subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ~ 15 gy; ~ ~ '\ Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant 779021.9 THOMAS, THOMAS & HAFER, LLP F,van Black, Esquire Attorney LD. 17884 Stephanie L. Flersperger, Esquire Attorney LD. 78735 P.O. Box 999 Han-isburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HN1A PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, v. Plaintiffs PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER. and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants. IN TI-1E COURT OF' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-2008 CIVIL JURY TKIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE x009.21 TO: All Counsel Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. intend to serve a subpoena upon the following entity: 1. Holy Spirit Hospital ~~~s~l.a The subpoenas to be served are identical to the ogles 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 maybe served. Respectfully submitted, THOMAS, TFIOMAS & HAFER, LLP ~~ B ),. Y• Evan Black, Esquire Attorney L.D. I7b84 Stephanie Hersperger, Esquire Attorney LD. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA Ill 08 (717) 441-705 I Attorneys for Defendants Patricia L. Frierson, MD, Kevin Gold, PA-C, and Carlisle HMA Physician Management, Inc. ~n~s~i.x Commonwealth of Pennsylvania County of CUMI3E12LAND SUBPOENA TO PRODUCT: llOCUMENTS OR THINGS FOR DISCOVERY, PURS[JAN'T TO RULE 4009.22 HALLIE O. HEAD, :IN THE COURT Or COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PATRICIA L. FRIERSON, M.ll., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGLONAL MEDICAL CENTER and CARLISLE H1VIA PHYSICIAN MANAGEMENT, INC., No. 09-2008 :CIVIL ACTION -LAW :MEDICAL PROFESSIONAL LIABILITY :ACTION Defendants To: Holy Spirit Hospital 503 North 21s' Street Camp Hill, PA 17011 JURY TRIAL DEMANDED Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire patient file az Hallie O. Head, DOI3: 02/06/1983, SS#205-62-4528, includin,~~, bttt taut litttited to ittpatiettt, outpatient, and clinic recot•ds, all ofrce tzotes, progress notes, rzursinQ notes, ther•apt~ records mental health records medication records operative reports, radioloQr studies and reports, dailt~ assessutents physiciarzs orders social services records, billing records, etc., ri•otn 02/06/1983 to present at Thomas Thomas & Hafer LLP P O Box 999 Harrisburg PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certif cate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance t11e 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: Evan Black, Esquire Attorney ID#78735 305 North Front Street P.U. Box 999 Harrisburg, PA 17108 Attorney for Patricia Frierson, MD, Kevin Gold, PA-C, and Carlisle LIMA Physician Management Group DATE: Seal of the Coui•t BY TIIE COURT: BY [Prothonotary] 2 CERTll~1CATF OI+ SER\~JCC ~~ AND NOW, this ~J day of August, 2010, 1, Kristi L. Munshower, a Paralegal oC the firm of Thomas, Thomas & Hafer LLP, hereby certify that I sen(a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Terry S. I-Lyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Andrew H. Briggs, Esquire Post & Sdie11, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA l 7605-0248 THOMAS, TAOMAS & AAFER, LLP ~i'sti L. Munshower, Paralegal 770571.8 CERTIFICATE OF SERVICE I, KRISTI L. MUNSHOWER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 Date: Munshower, Paralegal ~~9oa~.9 FILED-OFFICE SCHMIDT KRAMER PC OF THE PROTHONOTARY BY: TERRY S. HYMAN, ESQUIRE ORIMI 0 NO 27 I.D. #36807 209 state Street CUMBERLAND COUNTY Harrisburg, PA 17101 - (717) 232-6300 PAWW "Aintiff(s) thyman(@schmidtkramer com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., Defendants : No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED JOINT MOTION FOR REVISED SCHEDULING ORDER AND NOW, comes Counsel for both parties who jointly move this Court to approve the revised scheduling order as set forth below. All parties are in agreement to a revised trial date of September 19, 2011 and the other changes set out below. Respectfully submitted, KRAMER PC Terry S. yman, hpd f and On be both ?a es the authority of CERTIFICATE OF SERVICE AND NOW, this -?M day of 06n4 010, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a JOINT MOTION FOR REVISED SCHEDULING ORDER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Ja ice S., armon i P t-- SCHMIDT KRAMER PC DEC 0 2 2010 BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(,,schmidtkramer. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., Defendants : No. 09-2008 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SCHEDULING ORDER Trial Date: SEPTEMBER 19, 2011 It is hereby agreed between counsel that the above case can be made ready for the September 19, 2011, trial term. Date: April 1, 2011 The Parties shall complete all factual discovery on or before the above date. Any IME or vocational evaluation shall be completed by June 1, 2011. Date: Map 15, 2011 Plaintiff shall serve any and all expert reports on Defense counsel on or before the above date. Date: August 1, 2011 Defendant shall serve any and all expert reports on Plaintiffs counsel on or before the above date. Date: August 15, 2011 Plaintiff shall file any rebuttal expert report on or before the above date. Counsel for Plaintiff shall also submit a settlement demand to Defense Counsel on or before the above date. Date: September 1, 2011 Defendants shall file any rebuttal expert report on or before the above date. Also, Defendants shall respond to Plaintiff's demand, and shall state whether or not his client is willing to mediate. The Court will hold a Settlement Conference should it determine one will be fruitful. Date: September 1, 2011 The parties shall file any and all Motions in Limine with supporting briefs on or before the above date. The adverse party briefs are due ten (10) days later. Date: September 1, 2011 Pre-trial Conference at a time set by the Court, with submission of pretrial statements governed by State and Local Rules. The parties and their counsel are hereby attached for trial during the September 2011 Civil Division Term. This case shall be given priority status. Upon the agreement of all parties, the deadlines for factual discovery and production of expert reports may be changed without Court approval. Date: 17ext V? 010 C f -1 -i, Cll _"y t) CD -r? CD --n G C7 CD D .:... _ 1-. ""I DISTRIBUTION LIST: Terry S. Hyman, Esquire, Schmidt Kramer PC, 209 State Street, Harrisburg, PA 17101 ?'an Black, Esquire, Thomas, Thomas & Hafer, LLP, 305 N. Front Street, PO Box 999, Harrisburg, PA 17108 14t.110 FLED-0 ?'1CE Trite PrtJfri 1??J,A7?,s 14 ? tu.le ?4 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, V. Plaintiffs PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-2008 CIVIL JURY TRIAL DEMANDED MOTION OF DEFENDANTS, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR RELEASE OF MEDICAL RECORDS FROM HEALTHCARE PROVIDERS IN ARIZONA AND NOW come Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group ("Defendants"), by and through their counsel, Thomas, Thomas and Hafer, LLP, and move this Honorable Court to compel Plaintiff to sign authorizations for release of full and complete medical records from healthcare providers in Arizona, and in support of same, aver as follows: 1. Plaintiff filed a Complaint on or about March 30, 2009, alleging that Defendants were negligent in her care and treatment during two Emergency Room visits to the Carlisle Regional Medical Center ("CRMC"), on January 15, 2008.1 2. Specifically, Plaintiff, who was 24 years old, fell off of a trampoline and was diagnosed as suffering from a fracture of the tibia plateau as well as a fracture of her fibula. 3. The next day, Plaintiff was diagnosed as having compartment syndrome of the left leg, which required surgeries and further treatment. 4. Plaintiff claims that the alleged negligence of Defendants in not timely diagnosing the compartment syndrome has resulted in her suffering permanent injuries and damages, including a neuropathic foot, multiple recurring abscesses, including MRSA infections, a complete loss of sensation in her foot, pain and shooting electrical feelings in portions of her foot, and the inability to walk without a brace. See Plaintiff s Complaint, a true and correct copy which is attached hereto and marked as Exhibit "A". 5. Plaintiff also claims that as a result of Defendants' negligence, she has past and future medical expenses, past lost wages, future loss of earning capacity, scarring, deformity, loss of life's pleasures, and past and future pain and suffering. See Plaintiff's Complaint, Exhibit "A". 6. Although Plaintiff is only 24 years old, during discovery it has been revealed that she has had extensive medical care and treatment, including prior to the date 'Carlisle Regional Medical Center has been dismissed as a defendant from this case. 2 of the alleged negligence. Therefore, Defendants have been subpoenaing medical records and/or requesting that Plaintiff execute authorizations for medical records, when necessary.2 7. During discovery, certain medical care providers located in Arizona were identified in medical records produced by Dr. Carlton Busko. 8. Specifically, contained in Dr. Busko's records was a hand written letter by Plaintiff to Dr. Busko dated October 23, 2006, identifying the following prior health care providers, which were not identified by Plaintiff in answers to written discovery. 9. The medical care providers in Arizona identified in Dr. Busko's records are as follows: Jack R. Hoffman, M.D.; Richard M. Gladding, Jr., D.O.; Purba Biswas, M.D.; Guy C. Cary, M.D.; Southeastern Arizona Behavioral Health Systems, Inc.; and Dr. Gunther, a talk therapist. 10. Because the providers in Arizona cannot be required to produce Plaintiff's records pursuant to the subpoena process in Pennsylvania, on or about August 2, 2010, Defendants requested that Plaintiff sign authorizations so that Defendants could obtain the records. A true and correct copy of the letter to counsel for Plaintiff dated August 2, 2010, is attached hereto and marked as Exhibit "B". 11. Plaintiff also was requested to provide the necessary information as to Dr. Gunther so that Defendants could obtain any records in his possession. See Exhibit "B". 12. In response to said letter, counsel for Plaintiff advised Defendants that in his opinion, Defendants had requested too many records that were not relevant and he 2 For instance, even some of the healthcare providers within Pennsylvania, including Hershey Medical Center, when served with a subpoena, still required an executed authorization by the Plaintiff for release of her medical records. 3 would not provide any further authorizations for records. A true and correct copy of counsel for Plaintiff's correspondence dated August 4, 2010, is attached hereto and marked as Exhibit "C".3 13. Unilaterally deciding that the records Defendants were requesting were too remote, and that they were not related to anything relevant in the litigation, counsel for Plaintiffs stated: Your have assembled literally several thousand pages of medical records4 for Ms. Head. At this point, I am no longer willing to voluntarily provide you with further and further microscopic examination of her medical past. You have the right of subpoena. There is a legal process by which you can obtain out of state medical records. I advise you to use it. I am not going to provide any further authorizations for records in my clients remote past just because you find a name on some other doctor's records. See Exhibit "C". 14. Defendants file the instant Motion to Compel Plaintiff to execute authorizations so that Defendants can obtain her prior records from the providers in Arizona as said records are reasonably calculated to lead to the discovery of admissible evidence. 15. First, contrary to what counsel for Plaintiff states in his correspondence, the standard for obtaining discovery is not whether it is relevant, but instead, is whether 'On August 27, 2010, counsel for Plaintiff, apparently again determining that Defendants had obtained enough discovery, forwarded correspondence in response to Defendants' request for updated information as to any DPW lien. Counsel for Plaintiff stated, "Neither I nor my staff work for Thomas, Thomas & Hafer. There has been no offer of settlement in this case. Trial is not imminent. There is no reason for you to tell us when we need to get updates from DPW." A true and correct copy of counsel for Plaintiff's correspondence dated August 27, 2010, is attached hereto and marked as Exhibit "D". Obviously, the amount of any DPW lien is relevant as to Plaintiff s claimed damages. 4 If Defendants have obtained thousands of pages of medical records for Plaintiff, who is only 24 years old, then it is only because she has had extensive treatment, not because Defendants are doing anything improper. 4 the request is reasonably calculated to lead to the discovery of admissible evidence. Pa.R.C.P. No. 4003.1(b). 16. The medical records at issue are reasonably calculated to lead to the discovery of admissible evidence as one of the central issues in this case, i.e. Plaintiff's future loss of earnings claim. They are reasonably calculated to lead to the discovery of admissible evidence as to whether Plaintiff's current and future inability to work is related to the alleged medical malpractice, or at least in part, to a prior pre-existing condition. 17. This also is particularly true based in Plaintiff's very sporadic work history. Specifically, from 2004 through 2007, Plaintiff was employed by approximately 11 employers. Some of her employment overlapped, but most of it did not. There also were long periods of time when she was not employed. The longest period of time she was employed by any one employer was approximately 7 months. 18. In light of this information, Defendants are certainly entitled to explore whether there is any reason, whether physical or mental, referenced or set forth in her prior medical records, which caused such sporadic employment, and so it can be determined by an expert whether same would continue in the future, regardless of any injuries allegedly caused by Defendants' alleged negligence. 19. Obviously, if there is nothing contained in the records that is relevant, i.e. supports Plaintiff has pre-existing conditions or problems which interferes with her working, then the records would not be admissible at trial. 20. However, Defendants should at least be provided with the opportunity to review them to make that determination since they cannot entirely rely on Plaintiff's 5 recollection as she failed to identify as of the Arizona providers in her answers to written discovery. 21. Moreover, even if Plaintiff had identified these providers, Defendants should not have to accept Plaintiff s averments, or her attorney's, as he states in his letter dated August 4, 2010, that there is nothing relevant in the records to this litigation. 22. The records at issue also are not remote in time, as claimed by Plaintiff; the medical care providers referenced above were identified by Plaintiff less than 2 years prior to the fall on the trampoline and the alleged malpractice in this case. 23. It therefore is likely that these physicians or providers provided Plaintiff with health care within 5 years prior to the alleged negligence. Records within 5 years prior to alleged negligence are not "remote" as contended by Plaintiff. 24. Lastly, for Defendants to have to initiate whatever legal process is required in Arizona to obtain the records at issue without an executed authorization would most likely result in undue burden, time and expense to Defendants. 25. However, Plaintiffs simple execution of authorizations for said records does not in anyway burden Plaintiff, other than her having to sign her name. In light of her putting her physical and mental condition at issue by making a claim for future loss of earning capacity, the act of signing authorizations does not result in undue burden, annoyance, embarrassment, oppression, or expense. See Pa.R.C.P. No. 4012 (identifying what may constitute "good cause" to protect a party from discovery). 26. In fact, counsel for Plaintiff does not even contend in his correspondence dated August 4, 2010, that the requested discovery is such that his client should be protected from same pursuant to Pa.R.C.P. No. 4012. 6 27. Instead, counsel for Plaintiff has unilaterally decided that Defendants have obtained enough records so his client will not sign any further authorizations. This is not a legitimate objection to proper discovery. 28. Plaintiff should be compelled to execute authorizations for the records from Arizona, provide full information as to Dr. Gunther, and then execute an authorization for his records. 29. For the reasons stated herein, the records are discoverable, there is no undue burden or oppression to Plaintiff from having to execute authorizations, and the records at issue have the potential to disprove or mitigate Plaintiff's alleged damages. 30. Denying Defendants access to these records would be manifestly unfair and prejudicial as those records are reasonably calculated to lead to discovery, which will assist Defendants with the development of a defense to refute Plaintiffs injury claims. WHEREFORE, Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group, respectfully request that this Honorable Court issue an Order requiring Plaintiff to (1) provide executed authorizations enabling Defendants to obtain the records from Jack R. Hoffman, M.D.; Richard M. Gladding, Jr., D.O.; Purba Biswas, M.D.; Guy C. Cary, M.D.; Southeastern Arizona Behavioral Health Systems, Inc.; (2) identify the address and other necessary information in order to obtain records from Dr. Gunther; and (3) execute 7 an authorization so that Defendants may obtain the records from Dr. Gunther, within 10 days from the date of this Order or be subject to further possible sanctions upon motion by the Defendants. Date: / z l I I/ Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ""?Zfa Z(-- - Evana squire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group TRUE COPY FROM RRCORd MhoAd In Testimony,o hereof, 1 here unto set t' and the seat o said Court at Carlisle, Pa. SCHMMT EaMRE PC 30 {tat' of..... ?.r? ; q This ... .•-? BY: TERRY S. HYMAN, ESQUIRE I.D. #36807' 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvmanCa srklaw. com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, : CUMBERLAND COUNTY, : PENNSYLVANIA `-? NO. CIVIL ACTION - LAW - =? MEDICAL PROFESSIONAL iwiiITr? ACTION Defendants JURY TRIAL DEMANDED N O T I C E TO -DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 . 77-I,-k SCHMIDT 1GLkMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(2srklaw.com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, . No. CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION Defendants JURY TRI41 DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dial despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objections a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 n SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) ._thvrnan(@srklaw.com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants No. 0'T' J-60 R- c rv CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION : JURY TRIAL .DEMANDED COMPLAINT 1. Plaintiff Hallie O. Head is an adult residing in Loysville, Perry County, Pennsylvania. 2. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center (Defendant is hereinafter identified as CRMC) is a profit-making corporation holding itself out as providing medical services, including emergency room services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Lancaster HMA Physician Management Group, Inc., d/b/a Central Penn Medical Group (Defendant is hereinafter identified as Lancaster HMA Physician Management) is a profit-making corporation providing emergency room professional services to the general public at Carlisle Medical Center on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania in January 2008. 4. Defendant Patricia L. Frierson, M.D. is a physician holding herself out as having expertise in the practice of emergency medicine. 5. At all times relevant to this case, Dr. Frierson practiced emergency medicine at the Carlisle Regional Medical Center in Carlisle, Cumberland County, Pennsylvania. 6. Defendant Kevin Gold,., PA-C, is a physician's assistant practicing within the emergency room setting at Carlisle Regional Medical Center in Carlisle, Cumberland County, Pennsylvania in January 2008. 7. This is a professional liability action brought against the named Defendants. Certificates of Merit are attached hereto. 8. The professional negligence alleged herein arose from treatment provided to Hallie O. Head at the Carlisle Regional Medical Center Emergency Room on January 15, 2008. 9. On January 15, 2008, Patricia L. Frierson, M.D. was an employee of Lancaster HMA Physicians Management, and at the time she was involved in the care of Hallie O. Head, was acting within the scope and in -the interest of her employer. 10. On January 15, 2008, Kevin Gold, PA-C, was an employee of Lancaster HMA Professional Management and was acting within the scope of his employment and in the interest of his employer while involved in the treatment of Plaintiff, Hallie O. Head. 11. On January 15, 2008, Kevin Gold, PA-C, was an employee of Defendant Carlisle Regional Medical Center and was acting within the scope of his employment and in the interest of CRMC while treating Plaintiff, Hallie O. Head. 12. While treating Hallie O. Head on January 15, 2008, Defendants Patricia L. Frierson, M.D. and Kevin Gold, PA-C, were ostensible agents of Carlisle Regional Medical Center. 13. At approximately 2:30 P.M. on January 15, 2008, Hallie O. Head, an otherwise healthy 24-year-old, came to the Carlisle Regional Medical Center Emergency Room with complaints of left knee pain following a fall on a trampoline. 14. During her 2:30 P.M. ER visit, Plaintiff was examined by a physician assistant, not an emergency room physician. 15. During her 2:30 P.M. ER visit, an x-ray was done of Plaintiffs knee. 16. While Plaintiff, Hallie O. Head was in the emergency room on January 15, 2008, the only medical person who interpreted Hallie O. Head's x-ray was a physician assistant. 17. Plaintiff's x-ray showed that she had suffered a fracture of the tibial plateau as well as a fracture of her fibula. Plaintiff was then placed in a knee immobilizer, given crutches, a Schedule III narcotic pain killer and sent home with instruction to see an orthopedic surgeon the next morning. 18. The written instructions provided to Ms. Head directed her to seek immediate attention if she developed pain, swelling, and numbness. 19. Plaintiff was discharged from the ER at approximately 4:45 P.M. 20. Defendant Frierson was listed as the emergency room physician and did sign her emergency room record. Dr. Frierson, however, did not speak with Ms. Head, examine Ms. Head, personally review her x-rays or offer any specific instructions to her at the time of discharge concerning her condition during the January 15, 2:30 P.M. ED visit to CRMC. 21. At approximately 10:00 P.M., Hallie O. Head returned to the emergency room with the symptoms which the discharge instructions from her five (5) hour visit earlier stated required "immediate medical attention." 22. The signs and symptoms which are recorded in Ms Head's medical records for her return visit at 10:00 P.M. ED visit were classic signs and symptoms for compartment syndrome, a medical emergency placing the patient at risk for permanent serious damage to the nerves of the leg, which mandates immediate surgical intervention. 23. On the January 15, 2008, 10:00 P.M. visit to the emergency room, the only medical professional to speak with, examine or prescribe treatment.for Hallie O. Head was Defendant Kevin Gold, PA-C, a physician assistant. 24. Defendant Gold did not discuss Ms. Head's signs symptoms or findings with an orthopedic surgeon, although one was on-call and readily available. 25. Defendant Gold did not have Defendant Frierson to personally examine Plaintiff nor did he discuss Plaintiff's case with Dr. Frierson on the night of January 15, 2008, even though she was the physician of record and presumably present in the ED. 26. Dr. Frierson did not participate in Ms. Head's care while she was in the Carlisle ED on January 15, 2008 starting at approximately 10:00 P.M. 27. Neither Defendant Gold nor Frierson ordered any of the readily available tests or conducted the proper examination to rule out the presence of compartment syndrome of the lower extremity. 28. Instead, Ms. Head was given a heavier narcotic medication which relii;ved her pain temporarily and was sent home with an instruction to contact an orthopedic surgeon in the morning. No specific instructions were given as to what circumstances would require immediate medical attention. 29. Consistent with what she had been told by the emergency room, Plaintiff Hallie O. Head reported to Appalachian Orthopedics early in the morning of January 16, 2008. She was immediately diagnosed with compartment syndrome and given emergency surgery to relieve the pressure in her compartment. 30. . Despite treatment Plaintiff had myonecrosis of the anterior compartment of the left leg which required additional surgeries and debridement beyond the initial relief of pressure. 31. Plaintiff also developed a neuropathic foot, multiple recurring abscesses including MRSA infections, a complete loss of sensation in her foot, pain and shooting electrical feelings in portions of her foot. She is unable to walk without a brace. 32. The negligence of all the Defendants as alleged herein contributed to Plaintiff's continuing problems as described in the previous paragraphs. 33. As a direct result of the Defendants' joint and several negligence alleged herein Plaintiff has suffered the following damages: a) Medical costs past and future; b) Permanent loss of use of portions of her left leg and foot; c) Past loss of wages; d) A diminution of her earning capacity and loss of future earning; e) Scarring; f) Deformity; g) Loss of life's pleasures; h) Past and future pain and suffering; and i) Any and all other damages to which she is. entitled under the common law for the injuries suffered as a result of personal injury for which the Defendant's substandard care was a legal cause. COUNT -I HALLIE O. HEAD v. ]KEVIN GOLD, PA-C 34. Paragraphs 1 through 33 are incorporated herein by reference. 35. Defendant Kevin Gold, PA-C, is liable to Hallie O. Head for the damages alleged herein which were the direct result of Defendant Gold's substandard care in: a) Sending the Plaintiff home on January 15, 2008 without fully evaluating her for compartment syndrome; b) Failing to recognize the presence of the signs and symptoms of compartment syndrome when treating Plaintiff on January 15, 2008; c) Failing to consult with any emergency room physician concerning the diagnosis or treatment of Plaintiff Hallie O. Head during her visit on January 15, 2008; d) Failing to consult with any orthopedic surgeon concerning the diagnosis and treatment of Hallie O. Head on January 15, 2008; e) Failing to determine the actual cause of Plaintiff's increased leg symptoms upon her return visit to the emergency room at approximately 10:00 P.M. on January 15, 2008; fl Failing to request, order or make an effort to have diagnostic testing performed on the compartments of Plaintiff's leg on January 15,2008; g) Advising Plaintiff that her increased pain was the result of her own actions when it was not; h) Failing to rule out compartment syndrome during Plaintiff's. visits to the emergency room on January 15, 2008; i) Failing to give full and complete instructions to Plaintiff concerning the circumstances under which she needed to return to the emergency room after discharging her from the emergency room on January 15, 2008; j) Failing to diagnosis Plaintiff's compartment syndrome; k) Failing to have a high index of suspicion for compartment syndrome given the nature of Plaintiff's history and presenting signs and symptoms at the time of her return visit to the Carlisle Regional Medical Center emergency room at approximately 10:00 P.M. on January 15, 2008; and 1) Exceeding his level of expertise and acting in a. manner inconsistent with the rules, practices and regulations governing Physicians Assistants applicable at the Carlisle Regional Medical Center Emergency Department on January 15, 2008. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Kevin Gold, PA-C, for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II HALLIE O. HEAD v. PATRICIA L. FRIERSON, M.D. 36. Paragraphs 1 through 35 and Count I are incorporated herein by reference 37. Defendant Patricia L. Frierson, M.D. is liable to Plaintiff for substandard care in: a) Sending the Plaintiff home on January 15, 2008 without fully evaluating her for compartment syndrome; b) Failing to recognize the presence of the signs and symptoms of compartment syndrome when treating Plaintiff on January 15, 2008; c) Failing to consult with any orthopedic surgeon concerning the diagnosis and treatment of Hallie O. Head on January 15, 2008; d) Failing to determine the actual cause of Plaintiff's increased leg symptoms upon her return visit to the emergency room at approximately 10:00 P.M. on January 15, 2008; e) Failing to request, order or make an effort to have diagnostic testing performed on the compartments of Plaintiff's leg on January .15,2008; fl Failing to rule out compartment syndrome during Plaintiffs visits to the emergency room on January 15, 2008; g) Failing to give full and complete instructions to Plaintiff concerning the circumstances under which she needed to return. to the emergency room after discharging her from the emergency room on January 15, 2008; h) Failing to diagnosis Plaintiff's compartment syndrome; i) Failing to have a high index of suspicion for compartment syndrome given the nature of Plaintiffs history and presenting signs and symptoms at the time of her return visit to the Carlisle Regional Medical Center emergency room at approximately 10:00 P.M. on January 15, 2008; j) Failing to supervise Kevin Gold, PA-C in that he exceeded his level of expertise and acted in a manner inconsistent with the rules, practices and regulations governing Physicians Assistants applicable at the CRMC Emergency Department on January 15, 2009 in treating Hallie Head; k) Co-signing Plaintiff's medical records without seeing Plaintiff; 1) Failing to supervise the physicians' assistants under her control in a fashion required by the Physician Assistant Act and the applicable standard of care; and m) Receiving information from Kevin Gold, PA-C and other staff which should have prompted her to place compartment syndrome on Hallie O. Head's differential diagnosis but failing to .take all the necessary and expected steps to rule it out. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Patricia L. Frierson, M.D. for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III HALLIE O. HEAD v. CARLISLE HMA. INC. d/b/a CARLISLE REGIONAL MEDICAL CENTER 38. Paragraphs 1 through 37 and Counts I and II are incorporated herein by reference. 39. Defendant Kevin Gold, PA-C, was an employee of Defendant Carlisle Regional Medical Center at the time he treated Plaintiff Hallie O. Head on January 15, 2008. 40. Defendant Kevin Gold, PA-C, was the ostensible agent of Carlisle Regional Medical Center when he treated Plaintiff Hallie O. Head on January 15, 2008. 41. Defendant Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center is vicariously liable for the negligence of Defendant Kevin Gold, PA-C, as alleged herein. 42. Defendant Patricia L. Frierson, M.D was an employee of Defendant Carlisle Regional Medical Center at the time she treated Plaintiff Hallie O. Head on January 15, 2008. 43. Defendant Patricia L_ Frierson, M.D. was an ostensible agent of Carlisle Regional Medical Center at the time she treated Hallie O. Head on January 15, 2008. 44. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center is vicariously liable for the negligence of Defendant Patricia L. Frierson, M.D. as alleged herein. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV HALLIE O. HEAD v. LANCASTER HMA. PHYSICIAN MANAGEMENT GROUP d/b / a CENTRAL PENN MEDICAL GROUP 45. Paragraphs 1 through 44 and Counts I, II, and III are incorporated herein by reference. 46. Defendant Kevin Gold, PA-C, was an employee, servant or agent of Defendant Lancaster HMC Physician Management Group d/b/a Central Penn Medical Group at the time he treated Plaintiff Hallie O. Head on January 15, 2008. 47. Defendant Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group is vicariously liable for the negligence of Defendant Kevin Gold, PA-C, as alleged herein. 48. Defendant Patricia L. Frierson, M.D. was an employee, servant or agent of Defendant Lancaster HMC Physician Management. Group d/b/a Central Penn Medical Group at the time she treated Plaintiff Hallie O. Head on January 15, 2008. 49. Defendant Lancaster HMA Physician Management Group d/ b/ a Central Penn Medical 'Group is vicariously liable for the negligence of Defendant Patricia L. Frierson, M.D. as alleged herein. WHEREFORE, Plaintiff Hallie O. Head demands judgment against Defendant Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group for compensatory damages in the amount in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT KRAMER PC f Date: Terry `S-HymaiYsquire I.D. No. 36807 209 State Street Harrisburg, PA 17101 t (717) 232-6300 Attorney for Plaintiffs. v`f Zoe ?' { 6"t-k- SCHMIDT WR MER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvmanAsrklaw. com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD,_PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants CUMBERLAND COUNTY, PENNSYLVANIA . No. : CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION : JURY TRIAL DEMANDED CERTIFICATE_ OF MERIT AS TO PATRICIA L. FRIERSON, M.D. I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: © an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm. Rcspcctfully submittcd, SCHMIDT KRAMER PC B `y t"4- -S T S. an, Es ID # 36807 209 State Street Harrisburg, PA 17101 ?a?; d sq 717-232-6300 2aQ St`s / Date: ( Attorney for Plaintiff(s) SCHMWT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(alsrklaw. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD,. PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants . No. : CIVIL ACTION .LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO KEVIN GOLD, PA-C I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: © an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject. of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully submitted, Date: ?? ?P ?/V G? SCHMIDT KRAMER PC TdWT S. H n n, Esq? ?J ID # 36807 209 State Street Harrisburg, PA 1 717-232-6300 Attorney for Plaintiff(s) 2_0?57g q_, SCHMMT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(@srklaw.com HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA Z. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER .HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, No. : CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY : ACTION Defendants : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLISLE HMA. INC.. d/b/a CARLISLE REGIONAL MEDICAL CENTER 1, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. SCHMIDT KRAMER PC Date: aZ (P o2QYI Terfiy'S. Hymbyf, Esq. ID #36807 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff(s) ZOY,57 SCHMIDT XRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman a-)srklaw. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER .HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants . No. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO LANCASTER HMA PHYSICIAN MANAGEMENT d/b/a CENTRAL PENN MEDICAL GROUP I, Terry S. Hyman, Esq., counsel for the Plaintiff(s), certify that: the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. SCHMIDT KRAMER PC By: a.r S ( •k-?, Te S. H , Esq. J ID # 36807 2d?st7 209 State Street Harrisburg, PA 17101 i717-232-6300 Date:?? Attorney for Plaintiff(s) VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Hallie O. Head, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications made to authorities. Date: T&TH THOMAS, THOMAS & HAFERLLP Attorneys At Law August 2, 2010 Terry S. Hyman, Esquire SCHMIDT KR.AMER PC 209 State Street Harrisburg, PA 170101 Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Kristi L. Munshower, Paralegal (717) 237-7114 kmunshower@tthlaw.com Re: Hallie O. Head vs. Patricia L. Frierson, M.D. et al. Cumberland County No. 09-2008 TT&H No. 130-90649 Dear Mr. Hyman: As you know, we have subpoenaed the records of Ms. Head's physician, Dr. Carlton Busko, in the above-referenced matter. A copy of the records received from Dr. Busko in response to our subpoena has been previously forwarded to you. Within the records of Dr. Busko, which were received on July 16, 2010, in our office, was a handwritten letter from Hallie Head to Dr. Busko dated October 23, 2006. Ms. Head's letter contains two pages of prior treating physicians who had not previously been identified. We would like to obtain the records of those physicians identified in Ms. Head's October 23 letter. Enclosed herewith please find HIPAA authorizations for the following health care providers: • Jack R. Hoffman, M.D. • Richard M. Gladding, Jr., D.O. • Purba Biswas, M.D. • Guy C. Cary, M.D. • Southeastern Arizona Behavioral Health Systems, Inc. Also identified Ms. Head is a "talk therapist" by the name of "Dr. Gunther." Please identify by name and address "Dr. Gunther." Kindly have Ms. Head sign the enclosed authorizations and return them to me for service on the health care providers. We will, of course, supply you with copies of any and all documents received in response to the authorizations. 1? Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com THOMAS, THOMAS & HAFERI.LP Page 2 Should you have any questions, please feel free to contact our office. Thank you for your anticipated assistance in this matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP CA) ?-`? Kristi L. Munshower, Paralegal KLM/skc:688189.56 Enclosures cc: Andrew H. Briggs, Esquire Harrisburg, Pennsylvania 17101 t'.Kra 209 State Street 717.232.6300 Sch id. er FAX 717.2326467 www.schmidtkramer.com I N J U R Y L A W Y E R S August 4, 2010 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Kristi L. Munshower, Paralegal Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 171,08 Dear Evan and Ms. ;Munshower: I am in receipt of your letter of August 2, 2010 requesting authorizations for a number of physicians who treated Hallie Head. somewhere in Arizona in her remote past: This case involves foot drop. . There is no evidence whatsoever that Hallie Head had any foot drop prior to being treated -by Dr. Frierson and PA Gold. While her medical condition generally is at issue, there is a limit to relevancy. Not every single illness and every..single medical record has a prohibitive value. You have assembled literally several thousand pages of medical records for Ms. Head. At this point, I am no longer willing to voluntarily provide you with further and further microscopic examination of her medical past. You have the right of subpoena.. There is a legal process by which you can obtain out of state medical records. I advise you to use it. I am not going to provide any further authorizations for records in my clients remote past just because you find a name on some other doctor's records. Very truly yours, SCHMIDTT KRAMER PC Ter 4. fIyman Attorney at Law TSH/jsh C/ ¦ 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 FAX 717.232.8467 www.schmidtkramer.com I N J U R Y LAWYERS August 27, 2010 Kristi Munshower Thomas, Thomas & Hafer LLP 305 N. Front Street Harrisburg, PA 17101 RE: Head v. Frierson, et -al. Dear Ms. Munshower: Neither I nor my staff work for Thomas, Thomas & Hafer. There has been no offer of settlement in this case. There is no trial imminent. There is no reason for you to tell us when we need to get updates from DPW. Very truly yours, SCHMIDT KRAMER PC rry S. an Attorney aw TSH/jsh CERTIFICATE OF SERVICE I, Gwen M. Cleck, employee of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 THOMAS, THOMAS & HAFER, LLP Date: Gwen '1Q-. Cleck, Secretary HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA L. FRIERSON, M.D., : KEVIN GOLD, PA-C, CARLISLE HMA d/b/a : CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA PHYSICIAN MANAGEMENT, INC., : Defendant NO. 09-2008 CIVIL TERM IN RE: MOTION OF DEFENDANTS, PATRICIA L FRIERSON M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR RELEASE OF MEDICAL RECORDS FROM HEALTHCARE PROVIDERS IN ARIZONA ORDER OF COURT AND NOW, this 16th day of December, 2010, upon consideration of the above- captioned motion, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days of the date of this order. erry S. Hyman, Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff J r7l ? = r C!1 Q a ED, -'? C-1 BY THE COURT, Evan Black, Esq. Stephanie L. Hersperger, Esq. P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Frierson, Gold, and Carlisle HMA Physician Management, Inc. :rc C ?;?s ma??.c? FILED-OFFICE OF THE PROTHONOTARY 1011 ?f 1 ' 0 f 13: 3S cU"nrP,1 r, `'D COUNTY THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN GROUP d/b/a CENTRAL PENN MEDICAL GROUP HALLIE O. HEAD, V. Plaintiffs PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendants. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION No. 09-2008 CIVIL JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS, PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, TO PLAINTIFF'S "RESPONSE AND COUNTERMOTION TO STRIKE" DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR RELEASE OF MEDICAL RECORDS FROM HEALTHCARE PROVIDERS IN ARIZONA AND NOW come Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group ("Defendants"), by and through their counsel, Thomas, Thomas and Hafer, LLP, and r respond to Plaintiffs "Response] and Countermotion to Strike" the Motion of Defendants to compel Plaintiff to sign authorizations for release of full and complete medical records from healthcare providers in Arizona, and in support of same, aver as follows: 1. Admitted. 2. Denied as stated. Plaintiff did not completely and fully comply with the Defendants' First Set of Request for Production of Documents. By way of further response, and as pointed out to counsel for Plaintiff in counsel for Defendants' correspondence dated December 20, 2010, Request No. 15 sought any medical records of Plaintiff for the 10 years prior to the alleged malpractice. A true and correct copy of counsel for Defendants' correspondence dated December 20, 2010, is attached hereto and marked as Exhibit "A".2 A true and correct copy of the Request for Production No. 15, and Plaintiff s Response, is attached as Exhibit "B".3 As stated in the correspondence, No 15 requested Plaintiff to provide any and all records, which would include those from Arizona. To date, she had not provided records from Jack R. Hoffman, M.D.; Richard M. Gladding, Jr., D.O.; Purba Biswas, M.D.; Guy ' Plaintiff really did not respond to the specific averments contained in Defendant's Motion to Compel, but instead, appears to have filed her own motion. 'The correspondence dated December 20, 2010, was forwarded to counsel for Plaintiff in response to his representation that Defendants had never requested Plaintiff's medical records from Arizona. Counsel for Plaintiff stated to counsel for Defendants at a deposition that a request for the records had never been served. This was after Defendants filed the Motion to Compel Authorizations for the Arizona records. The letter was in response to that conversation. 3 Notably, the Responses to Request for Production of Documents have never been verified by Plaintiff pursuant to the Rules of Civil Procedure, despite counsel's request for same. The original Response to No. 15 indicates that all records are attached as Exhibit "B". The records attached were medical records from Carlisle Regional Medical Center, Hershey Medical Center and Appalachian Orthopedics. Plaintiff also has provided other medical records during discovery. However, she has never provided any of the records at issue herein, nor has she verified that she is not in possession of any of these. 2 C. Cary, M.D.; Southeastern Arizona Behavioral Health Systems, Inc.; and/or Dr. Gunther, despite her duty to supplement this discovery pursuant to Pa.R.C.P. No. 4007.4(2)(a). By way of further response, although Plaintiff claims in her motion that she does not have "complete" records from the above-referenced providers, she has not verified, under oath, in response to written discovery, that she has none of these records. Plaintiff should be compelled to provide whatever portions of these records she has in her possession, if any, and verify that she has no additional records, which she has not done to date. Counsel's denial that his client does not have these records is not a substitute for a verified response by Plaintiff indicating whether she has any of these records, and if so, providing same. 3. Denied as stated. Plaintiff claims that Defendants have not alleged a failure by Plaintiff to comply with any form of discovery permitted by the Rules of Civil Procedure. This is incorrect. In Pennsylvania, discovery is to be liberally granted. Dominick v. Hanson, 753 A.2d 824, 826 (Pa. Super. 2000); George v. Schirra, 814 A.2d 202, 204 (Pa. Super. 2002). Any limitations or restrictions upon discovery should be narrowly construed. Yadouga v. Cruciani, 66 Pa. D.&CA' 164,167 (C.C.P. Lackawanna Co. 2004). With this in mind, other Courts of Common Pleas have granted motions to compel a party to execute an authorization for the release of medical records, despite there not being a specific rule that indicates authorizations may be obtained via discovery. In Roberts v. Nicolia, 8 Pa. D.&C.4t' 97 (C.C.P. Erie Co. 1990), the court granted the defendant's motion to compel plaintiff to execute authorizations for the release of her 3 medical records. In doing so, the court cited to Pa.R.C.P. No. 4003.1., stating that the rules allow for discovery of any matter, not privileged, which is relevant to the subject matter. Id. Likewise, the court in the case Meczkowski v. State Farm Insur. Co., 3 Pa. D.&C.5a` 308 (C.C.P. Monroe Co. 2006), granted the defendant's motion to compel the plaintiff to sign an authorization for the records from her employer. Just as importantly, pursuant to Pa.R.C.P. No. 4002, the parties may be agreement "modify the procedures provided by these rules for methods of discovery." Up until when Defendants requested that Plaintiff sign authorizations for the records from Arizona, Plaintiff through her actions, and those of her counsel, agreed to the method of Defendants obtaining some of the medical records by executed authorizations. Plaintiff would execute authorizations for medical records when certain providers would advise Defendants that they required same. Although Plaintiff now objects to this form of discovery because it is not explicitly authorized by a specific rule of discovery, it is evident that the real reason for the opposition is because her counsel has now unilaterally and arbitrarily decided that Defendants have obtained enough discovery. In fact, this is what Plaintiff's counsel stated in his correspondence indicating that his client would not sign any further authorizations. See Exhibit "C" of Defendants' original Motion to Compel. Plaintiff's only other objection was that these records are not relevant.4 Plaintiff never raised any of the objections she is now including in her "Response and Motion to Strike." See Exhibit "C" of Defendants' original Motion to Compel. 4 As pointed out in Defendants' original motion, whether records are relevant is not a grounds for opposing discovery. Relevancy is an issue for the admission of records at trial. A discovery request only needs to be reasonably calculated to lead to the discovery of admissible evidence. 4 In any case, because Plaintiff previously agreed by her actions to execute authorizations so that Defendants could obtain medical records, and this is permissible pursuant to Pa.R.C.P. No. 4002, Plaintiff agreed to this method of discovery. Therefore, Plaintiffs failure to execute the authorization fails to comply with the method of discovery previously agreed to by the prior actions of the parties. As Plaintiff has raised no legitimate basis for her objections to this discovery, she should be compelled to execute the authorizations, and as plaintiffs have been compelled to do so by other Courts of Common Pleas. In the alternative, Plaintiff has never supplemented her prior Responses to Request for Production of Documents by providing any documents, even if only portions, from the medical providers referenced in paragraph 2 above, and should be compelled to do so. Specifically, Plaintiff should be compelled to supplement Response No. 15 to the Request for Production of Documents and indicate whether she is in possession of any of the records identified in paragraph 2, even if it is just portions, and produce copies of any of these records in her possession. She also should be compelled to attach a Verification signed by herself, and not just counsels 4. Admitted. However, it is denied that Pa.R.C.P. No. 4003.1 is relevant since what is at issue is not Interrogatories, but documents, which Plaintiff has not identified or provided in response to the prior Request for Production No. 15, nor has she executed authorizations for same. 5 In fact, Defendants have requested that Plaintiff provide executed Verifications for certain prior written discovery responses as required by the Rules. Defendants do not wish to involve the court in another discovery dispute regarding an issue that the parties should be able to resolve, but may be forced to do so if the signed Verifications are not produced shortly. 5 5. Denied. As previously stated, pursuant to Pa.R.C.P. No. 4002, the parties may agree to any other method of discovery. Since Plaintiff has agreed to executing authorizations for her some of her medical records throughout this litigation, which demonstrates her agreement to this method of discovery, she should not now be permitted to refuse based solely on her counsel's position that Defendants have obtained enough discovery. This is an unnecessary tactic by Plaintiff to force Defendants to incur unnecessary costs associated with filing an action in Arizona (which is the only other process available to Defendants to obtain the medical records from out-of-state). 6. Denied as stated. Plaintiff failed to produce any records, even if she only has portions, from these providers in response to Request for Production of Documents No. 15, or thereafter. By way of further answer, the fact that Plaintiff has partially complied with prior discovery requests does not negate the fact that she is now refusing to comply with an agreed upon method of discovery or supplement her prior responses. 7. It is denied that the averments contained in this paragraph are relevant since Defendants' Motion relates to document production, not Interrogatories. 8. Admitted that since learning of the Arizona providers referenced in paragraph 2 in April of 2010, Defendants have not served another Request for Production of Documents requesting these records. This is because (1) Defendants requested executed authorizations by Plaintiff for these records, on more than one occasion; and (2) the scope of No. 15 of Defendants' original Request for Production of Documents encompassed any such records. Moreover, pursuant to Pa.R.C.P. No. 4007.4(2)(a), Plaintiff has a duty to supplement her prior response to Request No. 15, which she still 6 has not done to date, regarding the Arizona records, if she has any portions of them in her possession. 9. Denied. By way of further answer, Defendants' original Request for Production of Documents No. 15 sought this discovery, which counsel for Plaintiff knows since he was reminded of this via correspondence dated December 20, 2010. Defendants also sought the executed authorizations pursuant to a method, i.e., authorizations, previously agreed to by the actions of counsel for Plaintiff, and Plaintiff, through their actions. 10. Denied as stated. Defendants are not seeking to enforce compliance as to an informal letter between counsel. Instead, Defendants are seeking to enforce Plaintiff to execute authorizations, which has been an acceptable method of discovery utilized by the parties during this litigation pursuant to Pa.R.C.P. No. 4002, until counsel for Plaintiff recently and unilaterally decided Defendants had obtained enough discovery. Defendants also are seeking to enforce Plaintiff to execute authorizations pursuant to case law from other Courts of Common Pleas, as cited to hereinabove. 11. Admitted in part and denied in part. It is admitted that Defendants did not state in their Motion to Compel that they had conferred with counsel for Plaintiff regarding this issue. However, it is incorrect that counsel for Defendants did not advise counsel for Plaintiff, on more than one occasion, that they intended to file a Motion to Compel the execution of authorizations before doing so. Counsel for Defendants, Evan Black, Esquire, discussed this with counsel for Plaintiff on more than one occasion. Moreover, when counsel for Plaintiff responded to the request for authorizations, via his correspondence attached as Exhibit "C" to Defendants' original Motion to 7 Compel, advising that he would not have his client execute any further authorizations, he never once referenced the authorizations as being an improper method of discovery. This argument by Plaintiff is being asserted as an "afterthought" in an attempt to create a reason for Plaintiff's opposition, other than her counsel's unilateral determination that Defendants have conducted enough discovery. 12. Admitted. 13. Denied as stated. By way of further answer, and as specifically set forth at length previously herein, Pa.R.C.P. No. 4002 permits the parties to agree to other methods of discovery. Plaintiff agreed to the method of discovery of Defendants obtaining certain medical records via her signed authorizations, which many plaintiffs agreed to as a routine matter in litigation in order to expedite the discovery process and cut down on expenses and costs Plaintiff's refusal to not allow such discovery is apparently based solely on her counsel's arbitrary determination that Defendants have conducted enough discovery, despite her counsel averring otherwise.' If Plaintiffs reasons for not agreeing to this method of discovery were legitimate, Plaintiff would never have agreed to this method of discovery at any point during the litigation. 14. Denied as stated. By way of further answer, in paragraph 2 of Plaintiff's Motion that she does "not have these other providers complete records in her possession." (emphasis added). This implies that she has portions of the records at issue in her possession but has not produced same. Therefore, Plaintiff should at the very least be compelled to provide a supplemental response to No. 15 and verify said answer. 6 In fact, there are certain entities, such as governmental agencies, or other medical providers, such as Hershey Medical Center, which will not release records without a signed authorization. Of course, a motion to enforce a subpoena can be filed, but it results in the parties have to incur additional costs. 8 15. Denied as stated. Certain records obtained by Defendants have been through executed authorizations, not subpoenas. Counsel for Plaintiff admits in his prior correspondence that Plaintiff has provided signed authorizations in the past for records. See Exhibit "C" to Defendants' Motion to Compel. 16.47. Admitted. By way of further answer, the procedure for obtaining the out- of-state records is costly whereas any burden to Plaintiff by signing an authorization, especially since she has agreed to and done so in the past, is minimal. Moreover, counsel for Defendants have not required counsel for Plaintiff to pay the copying costs for any of the thousands of pages records, even when they were subpoenaed, which benefited Plaintiff and her counsel. 18. Denied as stated. By way of further answer, and as previously stated herein, Plaintiff has provided executed authorizations in the past for Defendants to obtain her medical records. This is permissible pursuant to Pa.R.C.P. No. 4002. Moreover, as this Honorable Court probably knows, parties routinely execute authorizations in cases so that records can be more easily and with less cost to the parties. 19. Denied as stated since counsel previously agreed to the method of discovery at issue, i.e., obtaining records via authorizations. See Pa.R.C.P. No. 4002. Instead, as is evident by counsel for Plaintiff's past actions, and his recent arbitrary change of mind, the real reason he no longer will agree to a method of discovery previously agreed upon is because he believes that Defendants have already obtained enough discovery. 20. Denied as stated since Plaintiff already agreed to this method of discovery via her actions and that of her counsel. This method of discovery also is permissible by 9 the broad wording of the Pennsylvania Rules pertaining to discovery and other Courts of Common Pleas' interpretation of same. See Roberts, and Meczkowski, supra. In fact, counsel for Defendants have provided Plaintiff with copies of her records, whether they were obtained via authorization or subpoena, without requiring her to pay the costs for same. On the other hand, requiring Defendants to institute a separate action in Arizona to obtain the medical records at issue will be costly and burdensome. 21. Admitted that some of the records may include mental health records. However, this is the first time that Plaintiff is raising this issue. Again, it appears that this is a last minute excuse by Plaintiff not to execute the authorizations because her counsel has decided that Defendants have obtained enough discovery. Regardless, any mental health records are reasonably calculated to lead to the discovery of admissible evidence as to Plaintiff's future loss of earning capacity claim. They also are reasonably calculated to lead to the discovery of admissible evidence as Plaintiff is currently being prescribed medication for mental health issues, which she may attempt to link to the alleged medical malpractice. WHEREFORE, since Defendants' Motion to Compel is not procedurally defective, it is respectfully submitted that this Honorable Court not strike same. Instead, it is respectfully requested that this Honorable Court issue an Order requiring Plaintiff to (1) provide executed authorizations enabling Defendants to obtain the records from Jack R. Hoffman, M.D.; Richard M. Gladding, Jr., D.O.; Purba Biswas, M.D.; Guy C. Cary, M.D.; Southeastern Arizona Behavioral Health Systems, Inc.; (2) identify the address and other necessary information in order to obtain records from Dr. Gunther; and (3) execute an authorization so that Defendants may obtain the records from Dr. Gunther, within 10 10 days from the date of this Order or be subject to further possible sanctions upon motion by the Defendants. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: " By: van ack, Esquire Attorney I.D. No. 17884 Stephanie Hersperger, Esquire Attorney I.D. No. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants, Patricia L. Frierson, M.D., Kevin Gold, PA-C and Lancaster HMA Physician Management Group d/b/a Central Penn Medical Group 11 TXH - THOMAS, THOMAS & HAFERLLP Attorneys At Law Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Evan Black (717) 441-7051 eblack@tthlaw. com December 20, 2010 Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 Re: Hallie O. Head vs. Patricia L. Frierson, M.D. et al. TT&H No. 130-90649 Dear Terry: In addition to missing Verifications to her written discovery answers mentioned in my previous letter, there is no Verification by the Plaintiff for her answers to Supplemental Interrogatories and Request for Production of Documents of Carlisle Regional Medical Center. Please provide that within the next two weeks. You also mentioned during our recent conversation that Defendants had never formally served discovery to Plaintiff requesting her medical records from the providers in Arizona. I checked our file and in Defendants' First Set of Request for Production of Documents, No. 15, we requested any medical records of Plaintiff for 10 years prior to the alleged malpractice. Therefore, Plaintiff was requested to provide any and all records, which would include those from Arizona. To the extent Plaintiff has any records from providers in Arizona in her possession, I would suggest that she has a duty pursuant to Pa.R.C.P. No. 4007.4(2)(a) to correct her prior answer and supplement her response. Please kindly do so. Very truly yours, THOMAS, THOMAS & HAFER, LLP Evan Black EB/jlw:688189.70 Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com BY: T SCHMIDT KRAMER PC BY: TERRY S. . HY HYMA N, ESQUIRE j I.D. #36807 ORNINAI 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman cr,schmidtkramer. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, : No. 09-2008 : CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION Defendants : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO REOUEST FOR PRODUCTION OF DEFENDANTS, PATRICIA FRIERSON, M.D. AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a/ CENTRAL PENN MEDICAL GROUP 1. Originals or color copies of any and all photographs showing, representing or purporting to show Plaintiff or instrumentalities, locales, persons, property, injuries and any and all other matters related to the subject matter of this litigation. ANSWER: See, RPD, Exhibit A, on the attached DVD. 2. Any and investigations, reports, test results, drawings, summaries, or records of the incident involving the above-referenced case and the events surrounding it. ANSWER: Objection: The Pennsylvania Rules of Civil Procedure only permit expert discovery by interrogatories. This Request is beyond the scope of Pa. R.C.P 4003.5 without waiving the Objection, none at present, other than the medical records, which are attached as RPD, Exhibit B. 10. All documents that support or relate to Plaintiff's work loss and loss of earning capacity. ANSWER: None at present. Plaintiff will supplement when this information becomes available. 11. All statements and transcripts which relate to the work loss and loss of earning capacity. ANSWER: None at present. 12. All of Plaintiff's employment records from January 2008 to present. ANSWER: None at present. Plaintiff will supplement when this information becomes available. 13. Any and all of Plaintiff's high school and college transcripts. ANSWER: None at present. Plaintiff will supplement when this information becomes available. 14. Any and all of Plaintiff's medical records, hospital records, therapy records, pharmacological records, physician records, and records for any psychological treatment concerning the incident. ANSWER: See RPD, Exhibit B. 15. Any and all of Plaintiff's medical records, hospital records, therapy records, pharmacological records, physician records and psychological records for treatment rendered to her for the ten (10) year period preceding the incident that is the subject of Plaintiff's Complaint. ANSWER: All medical records currently in Plaintiff's possession are attached as RPD, Exhibit B. 16. Any and all bills related to the care and treatment of Plaintiff, including all invoices, bills, demands for payment and/or any documentation pertaining to past expenses associated with medical, psychological, pharmacological, surgical and/or any and all other treatment which has been performed in connection with the incident and injuries for which a Complaint was filed. ANSWER: All medical bills currently in Plaintiff's possession are attached as RPD, Exhibit C. D ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Date: , V-2- /I,r -' CERTIFICATE OF SERVICE I, Gwen Cleck, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, first class, postage prepaid, as follows: Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 170101 t Date: ? W rl Q .? Gwen Cleck, Legal Secretary 12 HALLIE O. HEAD, Plaintiff v. PATRICIA L. FRIERSON, M.D., : KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT, GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2008 CIVIL TERM IN RE: MOTION OF DEFENDANTS, PATRICIA L. FRIERSON M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP, TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR RELEASE OF MEDICAL RECORDS FROM HEALTHCARE PROVIDERS IN ARIZONA ORDER OF COURT AND NOW, this 28th day of January, 2011, upon consideration of the attached letter from Terry S. Hyman, Esq., attorney for Plaintiff, and with the agreement of Evan Black, Esq., the discovery conference previously scheduled for March 7, 2011, is rescheduled to Wednesday, April 13, 2011, at 10:00 a.m., in chambers of the undersigned judge. J BY THE COURT, Terry S. Hyman, Esq. 209 State Street d Harrisburg, PA 17101a?te Attorney for Plaintiff Copes `Evan Black, Esq. Stephanie L. Hersperger, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Frierson, Gold, and Carlisle HMA Physician Management, Inc. :rc HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA L. FRIERSON, M.D., : KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT, GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendant NO. 09-2008 CIVIL TERM IN RE: MOTION OF DEFENDANT CARLISLE HMA DB/A CARLISLE REGIONAL MEDICAL CENTER TO REMOVE ITS NAME FROM CAPTION ORDER OF COURT ?• C l co m rn rn- ca -j? -< s- ?CD cD , ` ` f -r C) 7T- AND NOW, this 4 h day of February, 2011, upon consideration of the above- captioned motion, a Rule is hereby issued upon all other parties to show cause the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, Terry S. Hyman, Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff J. esley Ol r, Jr., J. 'Evan Black, Esq. Stephanie L. Hersperger, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Frierson, Gold, and Carlisle HMA Physician Management, Inc /Andrew H. Briggs, Esq. John W. Croumer, Esq. Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Lancaster HMA Physician Management, Inc., and Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center :rc SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman &schmidtkramer. com HALLIE O. HEAD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. PATRICIA L. FRIERSON, M.D., and KEVIN GOLD, PA-C, Defendants : No. 09-2008 : CIVIL ACTION -LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION JURY TRIAL DEMANDED PRAECIPE TO' WITHDRAW AND END To the Prothonotary: Please mark the above-captioned matter as withdrawn with prejudice. Respectfully submitted, Date: al's ??cl/ SCHMIDT KRAMER PC _......._ .. ! J Q rry S. Hym quire nm n I.D. No. 36 7 cznr?- +^? 209 State Strez Harrisburg, PA 17101 z=, 717/232-6300 ?C- Counsel for Plaintiff ? N CERTIFICATE OF SERVICE AND NOW, this Syaday of February 2011, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a PRAECIPE TO WITHDRAW and END in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 5ani e S. armon HALLIE O. HEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PATRICIA L. FRIERSON, M.D., : KEVIN GOLD, PA-C, CARLISLE HMA d/b/a CARLISLE REGIONAL MEDICAL CENTER and LANCASTER HMA PHYSICIAN MANAGEMENT, GROUP d/b/a CENTRAL PENN MEDICAL GROUP, Defendant : NO. 09-2008 CIVIL TERM IN RE: MOTION OF DEFENDANTS, PATRICIA L. FRIERSON M.D., KEVIN GOLD, PA-C AND LANCASTER HMA PHYSICIAN MANAGEMENT GROUP d/b/a CENTRAL PENN MEDICAL GROUP TO COMPEL PLAINTIFF TO SIGN AUTHORIZATIONS FOR RELEASE OF MEDICAL RECORDS FROM HEALTHCARE PROVIDERS IN ARIZONA ORDER OF COURT AND NOW, this 28th day of February, 2011, upon consideration of the Praecipe to Withdraw and End filed in the above matter on February 25, 2011, the discovery conference scheduled for April 13, 2011, is cancelled. Terry S. Hyman, Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff C, r. , BY THE COURT, Evan Black, Esq. Stephanie L. Hersperger, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Frierson, Gold, and Carlisle HMA Physician Management, Inc. d Andrew H. Briggs, Esq. John W. Croumer, Esq. Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Attorneys for Defendants Lancaster HMA Physician Management, Inc., and Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center :rc epp;es M,..!ed al whl Rje