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HomeMy WebLinkAbout09-5877IN THE COURT OF COMMON PLEAS FOR CUMBERLAND, COUNTY PENNSYLVANIA - (Civil Division) BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. 85 Ashton Street ) Carlisle, PA 17015 and ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) c/o Carlisle Regional Medical Center 361 Alexander Spring Road ) Carlisle, PA 17015 and CARLISLE REGIONAL MEDICAL CENTER ) 361 Alexander Spring Road Carlisle, Pa 1701.5 ) and ) CARLISLE HMA, INC., d/b/a ) Carlisle Regional Medical Center 361 Alexander Spring Road ) Carlisle, Pa 17105 and CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center 5811 Pelican Bay Boulevard Suite 500 Naples, FL 34108 ) NO.: Qq -59? 7 Medical Professional Liability Civil Action and HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center 5811 Pelican Bay Boulevard Suite 500 Naples, FL 34108 Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Kindly issue Writ of Summons in the above-captioned action. Writ of Summons=shall be issued and forwarded to: /Attorney ? Sheriff Respectfully submitted, BY: ?Z? oseph S. Lukomski, Esquire I.D. No.: 8532 . Hockenberry, Esquire I.D. No.: 91133 Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 Dated: 4 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. J?9 w) 'C'eff - W? It thonontary/Clerk, Civil D F1956-6 By: Dated: o g -a? d q OF 11-:,EZ ,?;fi?Y 2009 AUG 27 P.4 12: 08 E; INS) &. # 1,36 7 -A ?s.so Pd e? I? ?ovn J Kec. aa9g57 Sheriffs Office of Cumberland County R Thomas Kline Sheri AQ-0F X Ronny R Anderson OF THE PpoT llr., 40.TARy Chief Deputy ` ? 2009 SEP -4 Phi 1 42 Jody S Smith Civil Process Sergeant OFF cE `F zl `-=RIFF Edward L Schorpp PEN.NXV{W, Solicitor Barry L. Shealer . vs. Case Number Alexander Springs Emergency Physicians c/o Carlisle Regional Medical C 2009-5877 SHERIFF'S RETURN OF SERVICE 08/28/2009 12:53 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2009 at 1253 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Alexander Springs Emergency Physicians c/o Carlisle Regional Medical Center, by making known unto Susan Davis, adult in charge at 361 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/28/2009 12:53 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2009 at 1253 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Carlisle Regional Medical Center, by making known unto Susan Davis, adult in charge a 361 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/28/2009 12:53 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2009 at 1253 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center, by making known unto Susan Davis, adult in charge at 361 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/28/2009 12:53 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2009 at 1253 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, by making known unto Susar Davis, adult in charge at 361 Alexander Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/29/2009 10:35 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2009 at 1035 hours, he served a true copy of the within, Writ of Summons upon the within named defendant, to wit: Clifford C. Cloonan, MD, by making known unto Oksha Cloonan, wife of defendant at 85 Ashton Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $101.90 SO ANSWERS, August 31, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Deputy Sheriff THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire and Stephanie Hersperger, on behalf of the Defendants, Clifford Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., relative to the above-captioned action. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: By: `-? Evan Blac , 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 Clifford Cloonan, M.D., Carlisle Rej Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following of record by placing a copy of same by First Class in the United States mail, postage prepai4 at Harrisburg, Pennsylvania addressed as follows: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP Date: _ Ol ?-)`-r-- f ? Ib Jka? L. Wolfe F6L?C}-??,??I?'E 2089 SEP I I PM 12: ? 1 A. THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants : NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, Date: q7 D Thomas, Thomas & Hafer, LLP By: an ack, 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 Clifford Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. CERTIFICATE OF SERVICE I, Joan L. Wolfe, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP Date: 1l -fU -U1 W't''t . J L. Wolfe F.LF0 - -?4:r OF THE R70 2009 SEP I I PIM 12: 31 1 Um ..':1i 4?J lf'1nt• BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES RULE TO FILE COMPLAINT TO: Barry Shealer on behalf of Marlene Shealer c/o Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 You are hereby directed to file a Complaint against Defendants within twenty (20) days or non pros seq. reg. DATE: C?//'/0F FILED-01-FICF OF TTF F;rr)VHr) ',r." AFY 2009 SEP I I PM IZ: 31 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I . D. No.: 28532 By: James E. Hockenberry, Esquire Counsel for Plaintiff I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own right CUMBERLAND COUNTY 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. 85 Ashton Street ) Carlisle, PA 17015 and NO.: 2009 - 5877 Medical Professional Liability Civil Action ALEXANDER SPRINGS EMERGENCY PHYSICIANS c/o Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, PA 17015 and CARLISLE REGIONAL MEDICAL CENTER ) 361 Alexander Spring Road Carlisle, Pa 17015 ) and ) CARLISLE HMA, INC., d/b/a Carlisle Regional Medical Center 361 Alexander Spring Road Carlisle, Pa 17105 and CARLISLE HMA LLC, d/b/a Carlisle Regional Medical Center 5811 Pelican Bay Boulevard Suite 500 Naples, FL 34108 and HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center 5811 Pelican Bay Boulevard Suite 500 Naples, FL 34108 Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 CIVIL ACTION COMPLAINT 1. Barry Shealer, the Executor of the Estate of Marlene A. Shealer via Letters Testamentary granted to him by Glenda Farner Strasbaugh, Register of Wills for Cumberland County, Pennsylvania, on or about November 7, 2008, (hereafter "Plaintiff'), is an adult individual residing at 4247 Carlisle Road, Gardners, Pennsylvania, and was, at all times material and relevant hereto, the spouse of Marlene A. Shealer, and brings this action on behalf of said decedent's estate pursuant to 20 Pa.C.S.A. §3373 and 42 Pa.C.S.A. §8302 for damages suffered by the estate as a result of the decedent's death, as well as for the pain suffering, and inconvenience that decedent underwent prior to her death. 2. Defendant Clifford C. Cloonan, M.D., (hereafter "Cloonan"), is, upon information and belief, an adult individual and licensed physician who, as of September 4, 2007, purported to specialize in emergency medicine while working at Carlisle Regional Medical Center, and maintains an office at c/o Carlisle Regional Medical Center, 362 Alexander Spring Road, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 3. Defendant Alexander Springs Emergency Physicians, (hereafter "ASEP"), is, upon information and belief, a corporation, partnership, limited liability company, fictitious name, and/or other entity, existing under, or qualified to do business under, the law of the Commonwealth of Pennsylvania with a principal place of business at c/o Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania. intiff is asserting a professional liability claim against this defendant. 4. Defendant Carlisle Regional Medical Center, is, upon information and ef, a corporation, partnership, limited liability company, fictitious name, and/or other ity, existing under, or licensed to do business under, the laws of the Commonwealth of Pennsylvania, with a principal place of business at 361 Alexander Spring Road, Carlisle, Pennsylvania. 5. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, is, upon information and belief, a Pennsylvania corporation existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at c/o Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 6. Defendant Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, is, upon information and belief, a limited liability company existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida. Plaintiff is asserting a professional liability claim against this defendant. 7. Defendant Health Management Associates, Inc., (hereafter "HMA"),d/b/a Carlisle Regional Medical Center, is upon information and belief, a corporation existing under, or qualified to do business under, the laws of the Commonwealth of Pennsylvania, with a principal place of business at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida. Plaintiff is asserting a professional liability claim against this defendant. 8. Afall times material and relevant hereto, defendant Clifford C. Cloonan, M.D., was the agent, servant, workman, employee, agent, andlor ostensible agent, of Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC, and/or Health Management Associates, Inc., and his professional negligence, acts, and/or omissions are imputed to said defendants vicariously. 9. In addition, at all times material and relevant hereto, each of the above- named defendants acted within the course and scope of their employment and/or agency and/or ostensible agency, for the others and are therefore vicariously liable for the negligence of the others. 10. On or about the evening of September 4, 2007, Marlene A. Shealer, was taken by ambulance to Carlisle Regional Medical Center because of increasing dizziness, weakness, unsteady gait, loss of sensation, incapacitating weakness, and right leg pain secondary to having fallen earlier in the evening. 11. At the time of her arrival at Carlisle Regional Medical Center, Marlene A. Shealer, a 58 year-old woman, was hypertensive and had numerous major risk factors for suffering an ischemic stroke, including, but not limited to the following, which were noted in the emergency room record: (A) Congestive Heart Failure; (B) Hypertension; (} insulin-dependant Diabetes Mellitus; (D) Chronic Renal Failure; (E) obesity; (F`) hype rcholesterolem ia; (G) hyperlipidemia; (H) being post-menopausal and having had a hysterectomy; and, (1) having a past medical history that included: (i) at least one prior Transient Ischemic Attack (TIA); (ii) heart attack; and, (iii) cerebrovascular accident, i.e., stroke. 12, After arriving at the Carlisle Regional Medical Center emergency room, Ms. Shealer was first examined by Clifford C. Cloonan, M.D., at 12:08 a.m. on September 5, 2007, at which time Cloonan ordered an EKG. 13. The EKG showed an atrial abnormality, which, in addition to the above, is positively correlated with an increased risk of suffering an ischemic stroke. 14. Cloonan ultimately diagnosed Ms. Shealer as suffering from "dizziness of unclear cause, recurrent", prescribed Vicodin for pain, and Colace, a laxative. 15. After 2:00 a.m. on the morning of September 5, 2007, defendant, Dr. Cloonan, discharged Ms. Shealer to home with instructions to see her family doctor in 3-4 days. 16. Prior to discharge, Marlene A. Shealer's husband, plaintiff Barry L. Shealer, who was certified in first aid, CPR, blood-born pathogens, and other emergency medical designations, advised Cloonan and nursing staff that he had observed one side of his wife's face drooping that evening and requested further testing to be done on his wife, but his request was ignored. 17. Ms. Shealer presented to her family physician's office on the same date, i.e., September, 5, 2007, at which time Beverly Azemar, CRNP, noted immediately that Ms. Shealer had slurred speech, right-sided facial droop, eye droop, and right-sided decreased muscle strength. 18. Beverly Azemar, CRNP, immediately summoned and ambulance and Ms. Shealer was tr4hsported to Gettysburg Hospital for emergency treatment for a major cerebrovasculair attack event. 19. Although Ms. Shealer suffered from several chronic conditions as of September 4, 2007, when she presented to the Carlisle Regional Medical Center, as noted in the Emergency Department Primary Nursing Assessment, Ms. Shealer was able to perform activities of daily living independently, including driving a car. 20. Following suffering the major ischemic stroke on September 4-5, 2007, Ms. Shealer was not able to return home and was forced to reside in a nursing home for the remainder of her life, until she died on September 14, 2008, approximately one (1) year later. COUNT I - SURVIVAL ACTION. 42 Pa.C.S.A. § 8302/PROFESSIONAL NEGLIGENCE BARRY L. SHEALER, AS EXECUTOR OF THE ESTATE OF MARLENE A. SHEALER, AND IN HIS OWN RIGHT V. CLIFFORD C. CLOONAN, M.D.: Al CYANnCD Q001KIre CReCDt2CA1f%V Ouve1f'-1AK1Q- /`AO1 101 C 001±1nL1A1 21. Paragraphs one (1) through twenty (20) above are incorporated by reference hereat as if set forth at length. 22. Defendant Cloonan, at all times material and relevant hereto, held himself out to the plaintiff, Barry Shealer, and his deceased wife, Marlene A. Shealer, as a physician and medical provider who, as of September 4, 2007, possessed special skill and/or knowledge in the speciality of emergency medicine. 23. Cloonan, as the agent, servant, workman, employee, agent, and/or ostensible agent of ASEP, Carlisle Regional Medical Center, Carlisle HMA, Inc, Carlisle HMA, LLC, andlor HMA, and/or the remaining defendants, failed to provide reasonable healthcare under the circumstances to Marlene A. Shealer, and said defendants' acts and/or omissions fell below the applicable standard of care and their negligence and carelessness consisted of the following: a'. Failing properly to diagnose Marlene A. Shealer, deceased, as suffering from an acute ischemic stroke during her 9/4/07-9/5/07 visit to the Carlisle Regional Medical Center ER, which greatly and substantially increased her risk of suffering a major ischemic cerebrovascular accident by permitting the stroke to continue untreated; b. Failing to provide proper treatment, including, but not limited to, antiplatelet and/or anticoagulant therapy to Marlene A. Shealer, deceased, including even so much as an aspirin, during her visit to the Carlisle Regional Medical Center ER on 9/4/07-9/5/07, which failure greatly and substantially increased her risk of having a major ischemic cerebrovascular attack and/or permitted the stroke to continue untreated causing further damage; C.'' Failing to perform a proper neurological examination of Marlene A. Shealer, decease, during her treatment at the Carlisle Regional Medical Center ER on 9/4/07-9/5/07; d. Failing to order and/or perform proper diagnostic testing, specifically including, but not limited to, the following: a CT scan; MRI; color Doppler ultrasonography; cerebral angiography; and/or MRA; e. Failing to order a consult with a neurologist and/or internist, which individual(s) would have greater skill and knowledge in diagnosing and treating individuals suffering an ischemic stroke; and, f. Failing to provide adequate and adequately-trained physicians and/or nursing staff at Carlisle Regional Medical Center. 24. As a direct and proximate result of the aforementioned conduct, acts, and/or omissions of defendant Cloonan, which conduct, acts and/or omissions are imputed to the remaining defendants, Marlene A. Shealer, deceased suffered, inter alia, the following: (A) a major ischemic stroke causing death of brain tissue; (B) permanent paralysis and loss of body function; (C) the need to be cared for at a long-term skilled nursing facility; (D) a need to undergo physical and other therapies; (E) constant urinary infections causing repeat hospitalizations; (F) Sepsis caused by constant urinary tract infections; (G) inability to swallow, eat, drink, and speak; (H) great pain and suffering; (I) expenses not otherwise covered by any collateral source, including, medical bills and medical co-pays for necessary treatment, including loss of income by Barry Shealer while caring for his wife, Marlene A. Shealer; and, (J) Humiliation, embarrassment, and loss of life's pleasures; 25. The aforesaid injuries caused plaintiff to incur medical bills and/or expenses and/or healthcare liens for which plaintiff and/or the Estate of Marlene A. Shealer, is responsible and which are recoverable from the defendants herein pursuant to Section 508 of the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. §1303.101, et seq. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and in his own right, respectfully requests that this Honorable Court enter judgment in his-favor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. COUNT II - LOSS OF CONSORTIUM BARRY L. SHEALER. IN HIS OWN RIGHT V. CLIFFORD C. CLOONAN M.D.; ALEXANDER SPRINGS EMERGENCY PHYSICIANS: CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA. INC., d/b/a Carlisle Regional Medical Center CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center AND HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center 26. Paragraphs one (1) through twenty-five (25) are incorporated by reference as if set forth at length herein. 27. As a direct and proximate result of the injuries suffered by Marlene A. Shealer, deceased, plaintiff, Barry L. Shealer, her husband suffered, and will continue to suffer, the loss of the services, support, and consortium of his spouse, plaintiff, Marlene A. Shealer, deceased. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and in his own right, respectfully requests that this Honorable Court enter judgment in his favor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. COUNT III - PUNITIVE DAMAGES 28. Paragraphs one (1) through twenty-seven (27) are incorporated by reference as if set forth at length herein. CARLISLE HMA. LLC, d/b/a Carlisle Regional Medical Center AND HEALTH MANAGEMENT ASSOCIATES INC d/b/a Carlisle Regional Medical Center 29. Defendant Cloonan's actions in treating Marlene A Shealer, were reckless and/or wanton and/or willful and/or in reckless disregard of her health, safety, and/or welfare, in that said Defendant: (AE) refused to perform a stroke evaluation/workup despite being advised by Plaintiff, Barry Shealer, that in addition to the aforesaid risk factors and symptoms, Marlene A. Shealer, was experiencing a facial droop; (B) failing to admit Marlene A. Shealer to the hospital for observation and/or consultation with appropriate specialists; and, (B) simply discharging Marlene A. Shealer, untreated in any way, to home, over the continued objections of plaintiff Barry Shealer. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and :in his own right, respectfully requests that this Honorable Court enter judgment in his favor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. Respectfully submitted, BY: tMoseeph S. ukski, Esqu e s F;. k ockenberry, Esquire ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC., d/b/a Carlisle Regional Medical Center and CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center and HEALTH MANAGEMENT ASSOCIATES,; INC., d/b/a Carlisle Regional Medical Center NO.: 2009 - 5877 Medical Professional Liability Civil Action Defendants. CERTIFICATE OF SERVICE I, James,E. Hockenberry, Esquire, counsel for Plaintiff in the above-referenced matter, hereby`certify that I served a true and correct copy of Plaintiff's Civil Action Complaint via first-class, United States mail, postage pre-paid on the q"- day of September, 20,09, as follows: Evan Black, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box'999 Harrisburg, PA 17108-0999 Counsel for Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC, and Health Management Associates, Inc. Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Counsel for Clifford C. Cloonan, M. D. and Alexander Springs Emergency Physicians Respectfully submitted, BY: jJaMmesE. omski, Esquire kenberry, Esquire VERIFICATION I, BARRY SHEALER, being duly sworn according to law, deposes and says that he/she is the Plaintiff herein; and, that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. This statement is made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. BARRY SH R Dated: 9/4/09 OF THE 2999 S--P 14 F i : 5 3 M + r, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendants, Clifford C. Cloonan, M.D. and Alexander Springs Emergency Physicians BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right v. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC. d/b/a Carlisle Regional Medical Center and CARLISLE HMA, LLC d/b/a Carlisle Regional Medical Center and HEALTH MANAGEMENT ASSOCIATES, INC. d/b/a Carlisle Regional Medical Center COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2009-5877 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of defendant, Clifford C. Cloonan, M.D. and Alexander Springs Emergency Physicians, with regard to the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN B Y IREDERIC ROLLER ONATHAN W. W. BRADBARD Attorneys for Defendant, Clifford C. Cloonan, M.D. and Alexander Springs Emergency Physicians DATE: September 15, 2009 RLE OF E ff , `A OTAPY 2009 SEP 17 P 2: 0 j t'BNNIS'iI V i ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA; INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CARLISLE HMA. INC., CARLISLE HMA LLC AND HEALTH MANAGEMENT ASSOCIATES, INC. PURSUANT TO Pa R C P 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by CLIFFORD C. CLOONAN, M.D. in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the', claim that ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA. LLC, AND HEALTH MANAGEMENT ASSOCIATES, INC. deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR a ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against defendant. Respectfully submitted, BY: J sepJS. komski, Esquire J meckenberry, Esquire Co Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA,; INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Cliff2rd C. Cloonan, M.D.. via first-class, United States mail, postage pre- paid, on the day of October, 2009, as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 BY Respectfully submitted, seph ?. Lukomski, Esquire me . Hockenberry, Esquire Counsel for Plaintiff 2009 OCT 14 AM 0: 30 ?'= ti ?•? ?n sir THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA. Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, : PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., : NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following entities: I . Claremont Nursing Rehabilitation Center 2. Gettysburg Hospital 3. Adams Cumberland Family Medicine - WMG 4. Shippensburg Health Care Center 5. West Shore EMS 6. Employment Skills Center 746350.1 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 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 746350.1 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES To: Claremont Nursing and Rehabilitation Services Attn: Medical Records Department 1000 Claremont Road 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: Anv and all inpatient and/or outvatient medical records for patient Marlene A. Shealer, DOB: 03/17/1948, SS#080-38-6170, including, but not limited to, all progress notes, nursing notes, therapy records, daily assessments, physicians orders, 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 compeiling 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., I Defendants To: Gettysburg Hospital Attn: Medical Records Department 147 Gettys Street PO Box 3786 Gettysburg, PA 17325-0786 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 inpatient and/or outpatient medical records for patient Marlene A. Shealer, DOB: 03/17/1948, SS#080 38 6170, including, but not limited to, all progress notes, nursing notes, therapy records, medication records, operative reports, daily assessments, physicians orders, 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 Carlisle Regional Medical Center Defendants BY 'mr, Couirr: DATE': BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES To: Adams Cumberland Family Medicine - WMG 3375 Carlisle Road Gardners, PA 17324 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 inpatient and/or outpatient medical records for patient Marlene A. Shealer, DOB: 03/17/1948, SS#080 38 6170, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, daily assessments, Physicians orders, 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 ID978735 305 North Front Street Harrisburg, PA 17108 Attorney for Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALL, XANDERI SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Shippensburg Health Care Center 121 Walnut Bottom Road Shippensburg, PA 17257 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 inpatient and/or outpatient medical records for patient Marlene A. Shealer, DOB:031171.1948, SS#080 38 6170, including, but not limited to, all office notes, progress notes, nursing notes, therapy records medication records, operative reports, daily assessments physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: West Shore Emergency Medical Services 205 Grandview Avenue Camp Hill, PA 17011-1708 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 for patient MarleneA Sltealer, DOB: 0311711948, SS#080-38-6170 including, but not limited to, all transport and 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 ID478735 305 North Front Street Harrisburg, PA 17108 Attorney for Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER' SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Employment Skills Center 29 South Hanover Street Carlisle, PA 17013 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 records .f arleneA Shealer, DOB•0311711948, SS#080-38-6170, including, but not limited to, all employment, benefits, tax, fringe benefit and attendance 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court CERTIFICATE OF SERVICE AND NOW, this ?& Odday of October, 2009, 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: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP L. Munsh"v(er, Paralegal 746350.1 OF nHEwaonao%W 2009 OCT 23 !fit Is 32 ~ PENN ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA„ INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action PRAECIPE TO WITHDRAW PARAGRAPH 23(f) OF PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: Kindly mark Paragraph 23(f) only of Plaintiffs Complaint as withdrawn. Respectfully submitted, BY: Jo eph S. ukomski, Esquire J e . Hockenberry, Esquire ' ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire Counsel for Plaintiff I. D. No.: 91133 175 Bustleton Pike Feasterville, PA .19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own right CUMBERLAND COUNTY Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC., and CARLISLE HMA LLC, and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants. NO.: 2009 - 5977 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff in the above-referenced matter, hereby certify that I served a true and correct copy of Plaintiffs Praecipe to Withdraw Paragraph 23(o of Plaintiff's Complaint via first-class, United States mail, postage pre-paid on the ?eday of October, 2009, as follows: Evan Black, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC, and Health Management Associates, Inc. Frederic. Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Alexander Springs Emergency Physicians Respectfully submitted, BY: J eph S. komski, Esquire J mes E. ckenberry, Esquire e OF THE ONOTAW 2009OCT 27 AM 9' 03 CUMb.'L. T'L.. ' 60UNTY PENW&VANA THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford C. Cloonan, M.D., Carlisle Regional Medical Center. Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., : NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants To: PLAINTIFFS NOTICE TO PLEAD c/o James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman and Nash 175 Bustleton Pike Feasterville, PA 19053-6456 PURSUANT TO PA.R.C.P. NO. 1361, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: -,9 By: Evan Mack, 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, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 2 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS, CLIFFORD C. CLOONAN, M.D., CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC AND HEALTH MANAGEMENT ASSOCIATES, INC., TO PLAINTIFFS' COMPLAINT AND NOW COME Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, and hereby file the instant Preliminary Objections to Plaintiffs' Complaint, and in support of same, aver as follows: 1. Plaintiffs instituted this professional medical malpractice action by filing a Writ of Summons on August 27, 2009, and thereafter, a Complaint on September 14, 2009. A true and correct copy of Plaintiffs' Complaint is attached hereto and marked as Exhibit "A". 2. Plaintiffs did not file any Certificates of Merit with their Complaint. 3. Thereafter, on or about October 9, 2009, Plaintiffs served Defendants with a Certificate of Merit. A true and correct copy of Plaintiffs' Certificate of Merit is attached hereto and marked as Exhibit "B". 4. Defendants file the following preliminary objections to Plaintiffs' Complaint: (1) Motion to Strike Plaintiffs' Certificate of Merit for failure to conform to Pa.R.C.P. No. 1042.3(b)(1); (2) Demurrer and/or Motion to Strike Plaintiffs' Claim for Punitive Damages, including allegations of wanton, willful and reckless conduct; (3) and Motion to Strike Overly Broad and Vague Language. 1. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' CERTIFICATE OF MERIT 5. Plaintiffs served only one Certificate of Merit that apparently encompasses the care and treatment provided by 5 different health care providers. See Exhibit "B". 6. Plaintiffs have violated Pa.R.C.P. No. 1042.3(b)(1), which provides that "[a] separate certificate of merit shall be filed as to each licensed professional against whom a claim is asserted." Pa.R.C.P. No. 1042.3(b)(a). 7. Plaintiffs' Certificate of Merit should be stricken for not conforming to Pa.R.C.P. No. 1042.3(b)(1), or in the alternative, Plaintiffs should be given leave to serve Certificate of Merit which comply with Pa. R.C.P. No. 1042.3(b)(1). 2 II. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER AND/OR MOTION TO STRIKE PLAINTIFFS' CLAIM FOR PUNITIVE DAMAGES 8. Plaintiffs assert a claim for punitive damages in their Complaint based on the care and treatment provided by Defendant, Dr. Cloonan, which they allege to have been careless, reckless, wanton and willful. See Count III of Plaintiffs' Complaint, Exhibit "A". 9. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a party may raise a demurrer to a Complaint by Preliminary Objection. In the alternative, a Motion to Strike is appropriate to strike off a pleading, or a portion thereof, because of lack of conformity to law or rule of court under Pa.R.C.P. No. 1028(a)(2). 10. This Preliminary Objection is raised on the basis that, even assuming the factual allegations of Plaintiffs' Complaint to be true, Plaintiffs have failed to set forth a prima facie case to support allegations of willful and reckless behavior and for recovery of punitive damages. 11. Negligence or gross negligence is not sufficient to support a claim for punitive damages. 40 P.S. §1303.505(a). 12. Punitive damages are limited under Pennsylvania law in a medical malpractice case such as this to instances where healthcare provider actions or omissions were willful, wanton or reckless. 40 P.S. § 1303.505(a). 13. Absent factual allegations which support a claim of outrageous conduct or conduct with an evil motive or reckless indifference to the rights of others, a plaintiff cannot, as a matter of law, sustain a cause of action or claim for punitive damages. See e.g., Martins v. Johns- Manville Corp., 494 A.2d 1088, 1097-98 (Pa. 1985). 14. Pennsylvania law does not allow an award of punitive damages for mere indifference, mistake, error of judgment and the like, which constitute ordinary negligence. Feld 3 v. Miriam, 484 A.2d 742 (Pa. 1984); Field v. Philadelphia Electric Co., 565 A.2d 1170, 1184 (Pa. Super. 1989). 15. In this case, Plaintiffs allege that Dr. Cloonan's conduct was reckless, wanton and willful in that he: (A) refused to perform a stroke evaluation/workup despite being advised by Plaintiff, Barry Shealer, that in addition to the aforesaid risk factors and symptoms, Marlene A. Shealer, was experiencing a facial droop; (B) failing to admit Marlene A. Shealer to the hospital for observation and/or consultation with appropriate specialists; and (B)(sic) simply discharging Marlene A. Shealer, untreated in any way, to home, over the continued objections of plaintiff Barry Shealer. See para. 29(A)-(B)(sic) of Plaintiffs' Complaint, Exhibit "A". 16. If the allegations contained in paragraph 29(A)-(B)(sic) are deemed true, which they must be at this stage in the litigation, at best, they support a claim for negligence, or possibly, gross negligence; this is especially true since Plaintiffs also acknowledge that while decedent was in the E.R., Dr. Cloonan performed an examination, ordered an EKG, made a diagnosis, prescribed Vicodin and Colace, and discharged her with instructions to follow up with her family physician. See paras. 12-15 of Plaintiffs' Complaint, Exhibit "A". 17. The factual allegations contained in Plaintiffs' Complaint simply do not constitute the type of actions or inactions, which are egregious enough to support a claim for punitive damages. 18. For these reasons, Plaintiffs' claim for punitive damages, and their claims of reckless, wanton and willful misconduct, should be stricken and/or dismissed from Plaintiffs' Complaint, with prejudice. 4 III. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE FOR A MORE SPECIFIC PLEADING PURSUANT TO Pa.R.C.P. No. 1028 19. Rule 1019(a) requires that the "material facts on which a cause of action is based" be "stated in concise and summary form," and Rule 1019(f) further requires that "averments of ... special damages shall be specifically stated." See Pa.R.C.P. No. 1019(a) and (f). 20. Plaintiffs fail to provide Defendants with sufficient information to adequately respond to the allegations when Plaintiffs employs "catchall", overly broad, and unlimited language such as "including, but not limited to the following", "including but not limited to", and "inter alia". See paras. 11, 23(d) and 24 of Plaintiffs' Complaint, Exhibit "A". 21. Such "catchall" language has routinely been stricken by Pennsylvania Courts of Common Pleas. See Cicero v. Cominsky, 25 D.&CAth 422 (Luzerne Cty. 1995) (language "including but not limited to" stricken); Kopan v. Hawk, 14 D.&C.2d 713 (Mercer Cty. 1958); and Lynch v. Hoover, 3 D.&C.2d 686 (Dauphin Cty. 1955) (language "other injuries " stricken). 22. Indeed, the overly broad "catchall" language pleaded in paragraphs 11, 23(d) and 24 of Plaintiffs' Complaint would allow the Plaintiffs to later set forth additional claims as to negligence and damages. This is prejudicial to Defendants. 23. For these reasons, the language "including but not limited to" and "inter alia" contained in paragraphs 11, 23(d) and 24 of Plaintiffs' Complaint should be stricken, with prejudice. 5 WHEREFORE, for the reasons set forth herein, Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., respectfully request that this Honorable Court sustain their Preliminary Objections to Plaintiffs' Complaint and enter the attached proposed Order. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: By: Evan lack, 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, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 6 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I. D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, } and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. ) CLIFFORD C. CLOONAN, M.D. 85 Ashton Street ) Carlisle, PA 17015 and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) c/o Carlisle Regional Medical Center 361 Alexander Spring Road ) Carlisle, PA 170'15 and CARLISLE REGIONAL MEDICAL CENTER ) 361 Alexander Spring Road Carlisle, Pa 1701.5 ) and ) CARLISLE HMA INC., d/b/a ) Carlisle Regional Medical Center 361 Alexander Spring Road ) Carlisle, Pa 171.05 and Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CARLISLE HMA, LLC, d/b/a ) Carlisle Regioral Medical Center 5811 Pelican Bay Boulevard ) Suite 500 Naples, FL 34108 ) and HEALTH MANAGEMENT ) ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center ) 5811 Pelican Bay Boulevard Suite 500 ) Naples, FL 34108 Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the.. plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 CIVIL ACTION COMPLAINT 1. Barry Shealer, the Executor of the Estate of Marlene A. Shealer via Letters Testamentary granted to him by Glenda Farner Strasbaugh, Register of Wills for Cumberland County, Pennsylvania, on or about November 7, 2008, (hereafter "Plaintiff"), is an adult individual residing at 4247 Carlisle Road, Gardners, Pennsylvania, and was, at all times material and relevant hereto, the spouse of Marlene A. Shealer, and brings this action on behalf of said decedent's estate pursuant to 20 Pa.C.S.A. §3373 and 42 Pa.C.S.A. §8302 for damages suffered by the estate as a result of the decedent's death, as well as for the pain suffering, and inconvenience that decedent underwent prior to her death. 2. befendant Clifford C. Cloonan, M.D., (hereafter "Cloonan"), is, upon information and belief, an adult individual and licensed physician who, as of September 4, 2007, purported to specialize in emergency medicine while working at Carlisle Regional Medical Center, and maintains an office at c/o Carlisle Regional Medical Center, 362 Alexander Spring Road, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 3. Defendant Alexander Springs Emergency Physicians, (hereafter "ASEP"), is, upon information and belief, a corporation, partnership, limited liability company, fictitious name, :and/or other entity, existing under, or qualified to do business under, the law of the Commonwealth of Pennsylvania with a principal place of business at c/o Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 4. Defendant Carlisle Regional Medical Center, is, upon information and belief, a corporaffion, partnership, limited liability company, fictitious name, and/or other entity, existing under, or licensed to do business under, the laws of the Commonwealth of Pennsylvania, with a principal place of business at 361 Alexander Spring Road, Carlisle, Pennsylvania. 5. Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, is, upon information and belief, a Pennsylvania corporation existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at c/o Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant. 6. Defendant Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, is, upon information and belief, a limited liability company existing under the laws of the Commonwealth.of Pennsylvania, with a principal place of business at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida. Plaintiff is asserting a professional liability claim against this defendant. 7. Defendant Health Management Associates, Inc., (hereafter "HMA"),d/b/a Carlisle Regional Medical Center, is upon information and belief, a corporation existing under, or qualified to do business under, the laws of the Commonwealth of Pennsylvania, with a principal place of business at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida. Plaintiff is asserting a professional liability claim against this defendant. 8. Atall times material and relevant hereto, defendant Clifford C. Cloonan, M.D., was the agent, servant, workman, employee, agent, and/or ostensible agent, of Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC, and/or Health Management Associates, Inc., and his professional negligence, acts, and/or omissions are imputed to said defendants vicariously. 9. In addition, at all times material and relevant hereto, each of the above- named defendants acted within the course and scope of their employment and/or agency and/or ostensible agency, for the others and are therefore vicariously liable for the negligence of the others. 10. On or about the evening of September 4, 2007, Marlene A. Shealer, was taken by ambulance to Carlisle Regional Medical Center because of increasing dizziness, weakness, unsteady gait, loss of sensation, incapacitating weakness, and right leg pain secondary to having fallen earlier in the evening. 11. At the time of her arrival at Carlisle Regional Medical Center, Marlene A. Shealer, a 58 year-old woman, was hypertensive and had numerous major risk factors for suffering an ischemic stroke, including, but not limited to the following, which were noted in the emergency room record: (A) Congestive Heart Failure; (B)' Hypertension; (C) insulin-dependant Diabetes Mellitus; (D) Chronic Renal Failure; (E) obesity; (F') hypercholesterolemia; (G) hyperlipidemia; (F) being post-menopausal and having had a hysterectomy; and, (1)'. having a past medical history that included: (i) at least one prior Transient Ischemic Attack (TIA); (ii) heart attack; and, (iii) cerebrovascular accident, i.e., stroke. 12. After arriving at the Carlisle Regional Medical Center emergency room, Ms. Shealer was first examined by Clifford C. Cloonan, M.D., at 12:08 a.m. on September 5, 2007, at which time Cloonan ordered an EKG. 13. The EKG showed an atrial abnormality, which, in addition to the above, is positively correlated with an increased risk of suffering an ischemic stroke. 14. Cloonan ultimately diagnosed Ms. Shealer as suffering from "dizziness of unclear cause, recurrent", prescribed Vicodin for pain, and Colace, a laxative. 15. After 2:00 a.m. on the morning of September 5, 2007, defendant, Dr. Cloonan, discharged Ms. Shealer to home with instructions to see her family doctor in 3-4 days. 16. P'r.i'or to discharge, Marlene A. Shealer's husband, plaintiff Barry L. Shealer, who was certified in first aid, CPR, blood-born pathogens, and other emergency medical designations, advised Cloonan and nursing staff that he had observed one side of his wife's. face drooping that evening and requested further testing to be done on His wife, but his request was ignored. 17. Nls. Shealer presented to her family physician's office on the same date, i.e., September"5, 2007, at which time Beverly Azemar, CRNP, noted immediately that Ms. Shealer had slurred speech, right-sided facial droop, eye droop, and right=sided decreased muscle strength. 18. Beverly Azemar, CRNP, immediately summoned and ambulance and Ms. Shealer was transported to Gettysburg Hospital for emergency treatment for a major. cerebrovascula'r"'attack event. 19. Although Ms. Shealer suffered from several chronic conditions as of September 4, 2.007, when she presented to the Carlisle Regional Medical Center, as noted in the Emergency Department Primary Nursing Assessment, Ms. Shealer was able to perform activities of daily living independently, including driving a car. 20. Following suffering the major ischemic stroke on September 4-0, 2007, Ms. Shealer was not able to return home and was forced to reside in a nursing home for the remainder of her life, until she died on September 14, 2008, approximately one (1) year later. COUNT I - SURVIVAL ACTION, 42 Pa.C.S.A. § 83021PROFESSIONAL NEGLIGENCE BARRY L SHEALER AS EXECUTOR OF THE ESTATE OF MARLENE A. SHEALER AND IN HIS OWN RIGHT V CLIFFORD C. CLOONAN M.D.- ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA, INC., d/b/a Carlisle Regional Medical Center; CARLISLE HMA. LLC. d/b/a Carlisle Reaional Medical Center: AND. HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center 21. Paragraphs one (1) through twenty (20) above are incorporated by reference hereat as if set forth at length. 22. Defendant Cloonan, at all times material and relevant hereto, held himself out to the plaintiff, Barry Shealer, and his deceased wife, Marlene A. Shealer, as a physician and medical provider who, as of September 4, 2007, possessed special skill and/or knowledge in the speciality of emergency medicine. 23. Cloonan, as the agent, servant, workman, employee, agent, and/or ostensible agent of ASEP, Carlisle Regional Medical Center, Carlisle HMA, Inc, Carlisle HMA, LLC, and/or HMA, and/or the remaining defendants, failed to provide reasonable healthcare under the circumstances to Marlene A. Shealer, and said defendants' acts and/or omissions fell below the applicable standard of care and their negligence and carelessness consisted of the following: a'.. ' Failing properly to diagnose Marlene A. Shealer, deceased, as suffering from an acute ischemic stroke during her 9/4/07-9/3/07 visit to the Carlisle Regional Medical Center ER, which greatly and substantially increased her risk of suffering a major ischemic cerebrovascular accident by permitting the stroke to continue untreated; b..'. Failing to provide proper treatment, including, but not limited to, antiplatelet and/or anticoagulant therapy to Marlene A. Shealer, deceased, including even so much as an aspirin, during her visit to the Carlisle Regional Medical Center ER on 9/4/07-9/5/07, which failure greatly and substantially increased her risk of having a major ischemic cerebrovascular attack and/or permitted the stroke to continue untreated causing further damage; c: Failing to perform a proper neurological examination of Marlene A. Shealer, decease, during her treatment at the Carlisle Regional Medical Center ER on 9/4/07-9/5/07; d. Failing to order and/or perform proper diagnostic testing, specifically including, but not limited to, the following: a CT scan; MRt; color Doppler ultrasonography; cerebral angiography; and/or M RA; e. ` Failing to order a consult with a neurologist and/or internist, which individual(s) would have greater skill and knowledge in diagnosing and treating individuals suffering an ischemic stroke; and, f. Failing to provide adequate and adequately-trained physicians and/or nursing staff at Carlisle Regional Medical Center. 24. As a direct and proximate result of the aforementioned conduct, acts, and/or omissions of defendant Cloonan, which conduct, acts and/or omissions are r imputed to the remaining defendants, Marlene A. Shealer, deceased suffered, inter alia, the following: (A) a major ischemic stroke causing death of brain tissue; (B) permanent paralysis and loss of body function; (C) the need to be cared-for at a long-term skilled nursing facility; (D) a need to undergo physical and other therapies; (E) constant urinary infections causing repeat hospitalizations; (F) Sepsis caused by constant urinary tract infections; (G) inability to swallow, eat, drink, and speak; (H) great pain and suffering; (I)' expenses not otherwise covered by any collateral source, including, medical bills and medical co-pays for necessary treatment, including loss of income by Barry Shealer while caring for his wife, Marlene A. Shealer; and, (J)`' Humiliation, embarrassment, and loss of life's pleasures; 25. Thi'e aforesaid injuries caused plaintiff to incur medical bills and/or expenses and/or healthcare liens for which plaintiff and/or the Estate of Marlene A. Shealer, is responsible and which are recoverable from the defendants herein pursuant to Section 508 'qf the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. §1303.101, et seq. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and in his own right, respectfully requests that this Honorable Court enter judgment in hislavor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Fi?gional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. COUNT 11 - LOSS OF CONSORTIUM Z. IN HIS OWN RIGHT V. CLIFFORD ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA, INC., dlb/a Carlisle Regional Medical Center; CARLISLEHMA. LLC. d/b/a Carlisle Reaional Medical Center; AND, HEALTH MANAGEMENT ASSOCIATES. INC.. d/b/a Carlisle Reaional Medical Center 26. Paragraphs one (1) through twenty-five (25) are incorporated by reference as if `set forth at length herein. 27. As a direct and proximate result of the injuries suffered by; Marlene A. Shealer, deceased, plaintiff, Barry L. Shealer, her husband suffered, and will continue to suffer, the loss of the services, support, and consortium of his spouse, plaintiff, Marlene A. Shealer, deceased. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and?in his own right, respectfully requests that this Honorable Court enter judgment in his'?favor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center .`.-and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. COUNT III - PUNITIVE DAMAGES BARRY L.SHEALER IN HIS OWN RIGHT V. CLIFFORD C. CLOONAN M .D.; ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA, INC., d/b/a Carlisle Regional Medical Center, CARLISLE`HMA, LLC, d/b/a Carlisle Regional Medical Center; AND, HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Regional Medical Center 28. Paragraphs one (1) through twenty-seven (27) are incorporated by reference as if :set forth at length herein. 29. Defendant Cloonan's actions in treating Marlene A Shealer, were reckless and/or wanton and/or willful and/or in reckless disregard of her health, safety, and/or welfare, in that,said Defendant: (A) refused to perform a stroke evaluation/workup despite being advised by Plaintiff, Barry Shealer, that in addition to the aforesaid risk factors and symptoms, Marlene A. Shealer, was experiencing a facial droop; (B) failing to admit Marlene A. Shealer to the hospital for observation and/or consultation with appropriate specialists; and, (B) simply discharging Marlene A. Shealer, untreated in any way, to home, over the continued objections of plaintiff Barry Shealer. WHEREFORE, Plaintiff, Barry L. Shealer, as Executor of the Estate of Marlene A. Shealer, and In his own right, respectfully requests that this Honorable Court enter judgment in his:favor and against defendants Clifford C. Cloonan, M.D., Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center, and/or Health Management Associates, Inc., jointly and/or severally, in an amount in excess of $50,000. Respectfully submitted, BY: Joseph S. Lukomski, Esqu e mes ockenberrysquire ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532... By: James E. Hockenberry, Esquire I.D. No.: 91133. 175 Bustleton Pike Feasterville, PA..19053 215.953.2712 Counsel for Plaintiff BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own'right CUMBERLAND COUNTY Plaintiff, NO.: 2009 - 5877 V. Medical Professional Liability CLIFFORD C. `:CLOONAN, M.D. Civil Action and } ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., d/b/a Carlisle Regional Medical Center ) and CARLISLE HMA, LLC, d/b/a ) Carlisle Regional Medical Center and ) HEALTH MANAGEMENT ASSOCIATES',,`jNC., d/b/a Carlisle ) Regional Medical Center Defendants. CERTIFICATE OF SERVICE I, James:;E. Hockenberry, Esquire, counsel for Plaintiff in the above-referenced matter, hereby'`.certify that I served a true and correct copy of Plaintiffs ivil Action Complaint via fitst-class, United States mail, postage pre-paid on the 4- day of September, 20,09, as follows: Evan Black, Esquire Thomas =Thomas & Hafer 305 North Front Street P.O. Boxi..999 Harrisburg, PA 17108-0999 Counsel.-.for Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC, and Health Management Associates, Inc. i=rederic Roller, D.P.M., Esquire MarshallDennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Counsel`for Clifford C. Cloonan, M.D. and Alexander Springs Emergency Physicians Respectfully submitted, BY: Joseph S. L omski, Esquire James E. Ho kenberry, Esquire . . VERIFICATION 1, BARRY SHEALER, being duly sworn according to law, deposes and says that he/she is the Plaintiff herein; and, that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. This statement is made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities.- 9/4/09 Dated: ' ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 ) BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road } Gardners, PA 17324 N; ) Plaintiff, V. r.." I:,1 ) CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA' INC., and ) CARLISLE HMA, LLC, and HEALTH MANAGEMENT ASSOCIATES, ]NC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF MERIT AS TO CLIFFORD C. CLOONAN M.D. ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER '?ASSOCIATES, INC. PURSUANT TO Pa.R.C.P. 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: R 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 CLIFFORD C. CLOONAN, M.D. in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR- tlie;claim that ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER CARLISLE HMA INC. CARLISLE HMA LLC AND HEALTH MANAGEMENT ASSOCIATES INC. deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 pi: essional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR 11 expert testimony of an appropriate licensed professional is unnecessary for' prosecution of the claim against defendant. Respectfully submitted, ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532,,--. By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right 4247 Carlisle Road Gardners, PA 17324 L's Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HM, INC., and CARLISLE HMA, LLC, and HEALTH MANAGEMENT ASSOCIATES, `INC., Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James..E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Clifford C. Cloonan, M.D.. via first-class, United States mail, postage pre- paid, on the ??:: day of October, 2009, as follows: r, Evan Black, Esquire Thomas;:. Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic'.Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: oseph Lukomski,. Esquire.. IlZm . Hockenberry, Esquire Counsel for Plaintiff CERTIFICATE OF SERVICE I, Gwen M. Cleck, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP Date: 10-_?-7_C)q 1 Gwen M. Cleck 7 OF TF!c P"0' 11 i-L ti'?TARY 200Qj CCT ?8 f ; 2: 14 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants : NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS 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 the subpoena with a copy of the subpoenas 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. 748339.1 (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) That Plaintiff's counsel James Hockenberry, Esquire, has waived the 20 day waiting period (copy of October 24, 2009, letter attached); and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.1 i THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA. Inc... Carlisle HMA, LLC and Health Management Associates, inc. eQS n E C7 x Y BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following entities: 1. Claremont Nursing Rehabilitation Center 2. Gettysburg Hospital 3. Adams Cumberland Family Medicine - WMG 4. Shippensburg Health Care Center 5. West Shore EMS 6. Employment Skills Center i 746350.1 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 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 746350.1 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES To: Claremont Nursing and Rehabilitation Services Attn: Medical Records Department 1000 Claremont Road 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: Any and all inpatient and/or outpatient medical records for patient Marlene A. Shealer, DOB:0311711948, SS#080 38 6170 including, but not limited to, all progress notes, nursing notes, therapy records, daily assessments, vhvsicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Gettysburg Hospital Attn: Medical Records Department 147 Gettys Street PO Box 3786 Gettysburg, PA 17325-0786 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and ail inpatient and/or outpatient medical records for Patient Marlene A. Shealer, DDB: 03/17/1948, SS#080-38-6170, including, but not limited to, ail progress notes, nursing notes, therapy records medication records, operative reports, daily assessments, Physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY (Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES To: Adams Cumberland Family Medicine - WMG 3375 Carlisle Road Gardners, PA 17324 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 inpatient and/or outpatient medical records for patient Marlene A. Shealer, DOB: 03/17/1948, SS#080 38 6170, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, daily assessments, Physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Shippensburg Health Care Center 121 Walnut Bottom Road Shippensburg, PA 17257 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 inpatient and/or outpatient medical records for patient Marlene A. Shealer, DDB: 03/17/1948, SS#080-38-6170, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, daily assessments, physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: West Shore Emergency Medical Services 205 Grandview Avenue Camp Hill, PA 17011-1708 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 for patient Marlene A Shealer, DOB •03/1711948, SS#080-38-6170, including, but not limited to all transport and 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Employment Skills Center 29 South Hanover Street Carlisle, PA 17013 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all records for Marlene A. Shealer, DOB: 03/17/1948, SS#080-38-6170, including, but not limited to all employment, benefits, tax, fringe benefit and attendance 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court CERTIFICATE OF SERVICE AND NOW, this .2 _`yday of October, 2009, 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: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP L. MunsltovVer, Paralegal 746350.1 OCT-24-2009 15:24 RARUN LAW OFFICES ROBERTA, ROVNER BRUCE %. ALA-AN MOVARDP. ROVNER JRFFREY T. ?N ERIC S. NASH JEFFREY A. SIGMAN JOSEMI S. umomsm- r,IMMB. wOUu" STEM L ROVNER•" ROBIN C. SCOI.MCK" JEFFREY D. scrl m NEIL P. GREENBERG- ANTHONY W. 7LCCAW JAM E. HOCKENBGRRV ELLEN KAHMAN MEVSA E. VOYTASHARK" BRFANDAN Q. NBC" October 24, 2009 • MEMBER OF Fh ?9 A TINN- EARS MRMRRR OF PA & DO BARS •? MRMRFJI OF PA DO R FL BARS Via Facsimile 717,237.7105 and Regular Mail Krid L. Munshower, Paralegal Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA'17108 2153550x40 P.001/001 I.AW OFMCM RoVNm, AMN, ROVNER, ZilMNMRMAN AND NASH t 175 BtTCrl M Alm NEW JERSEY OMCE FEASTGR II.LE, PA 19051x&56 CHERRYHILLPROPESSIONALWELDING 411 RT. 70 EAST, SUITE LOO CHERRY HILL, NJ 06034 PSII.A. (215) 698-1800 816,79.5111 BUCKS CO. (215) 322-0411 (215) D-I A-L-1.-AM TOLL FREE (888) D•! A•IPL A W FAXM 215.355 0940 JOSEPH S. LUICOMSEI MANACLING NJ ATTORNEY REPLY TO: r-LASMVIU.E0FRCE t LAW OFFIC4 OF ROBERT A. ROVNER, P.C. Internet: www.dial-lawr.com Re:' Barry Shealer, Executor, v. Clifford C. Cloonan, et al. Court of Common Pleas for Cumberland County No.: 2009 - 5877 Dear Ms. Munshower: I am in receipt of your October 21, 2009, letter regarding various subpoenas. Please be adviged that we will waive the twenty (20) day walling : period,. however, please provide hie with copies of any and all subpoenaed records as required by Pa.R.C.P. 400923(b). Very truly yours, a4 . ;} r. . JEH/cb 01 Enclosures cc: Frederickoller, D.P.M., Esquire Mr. Barry Shealer Stephantw E. Chertok, Esquire MES HOCKENBERRY TOTAL P.001 CERTIFICATE OF SERVICE AND NOW, this _X4ay of October, 2009, 1, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP 4risti L. Munshower, Paralegal 748339.1 FILE OF TNT P M GNIOTARY 2009 OCT 29 AM l l : 4 7 c u M i'rp4NS ANiA THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following entities: 1. DCA of Carlisle; 2. Chambersburg Hospital. 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 746350.2 objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS ER, LLP By: Evan Black, squire 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 746350.2 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: DCA of Carlisle Noble Dialysis 101 Noble Boulevard, Suite 103 Carlisle, PA 17013 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 records forMarlene A. Shealer, DDB: 03/17/1948, SS#080-38-6170, including, Gut not limited to, all office notes, progress notes, nursing notes, therapy records, medication records, operative reports, daily assessments, physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Chambersburg Hospital Attn: Medical Records Department 112 North 7th Street Chambersburg, PA 17201 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 records for Marlene A. Shealer, DOB:0311711948, SS#080-38-6170, includinz, but notlinaited to, all office notes, progress notes, nursinz notes, therapy records, medication records, operative reports, daily assessments, physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court CERTIFICATE OF SERVICE AND NOW, this 16ay of November, 2009, 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: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP h I Id Al I . /,I "( )5y; All fjAAJ41f?, risti L. Munsh wer, Paralegal 746350.2 RLRD-40r THE i''i"DTH OTARY 2H9 NOV 19 PM 1: 2 6 PEPINNSYLVX114A ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532: By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 1.7324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HM;4, INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES; INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF MERIT AS TO CARLISLE HMA. LLC PURSUANT TO Pa.R.C.P. 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: ^ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct vvas a cause in bringing about the harm; AND/OR f~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has sU~plied a written statement to the undersigned that there is a basis to ct~nclude that the care, skill or knowledge exercised or exhibited by the other licensed professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards aril that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary fdi- prosecution of the claim against defendant. Respectfully submitted, BY: Jos ph S Lukomski, Esquire Jam . Hockenberry, Esquire Counsel for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA .19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 V CLIFFORD C. CLOONAN, M.D. and ~ ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and '' ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES; INC., ) Defendants. ) Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, Jamey E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby `certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Carlisle HMA, LLC via first-class, United States mail, postage pre-paid, on the ~~ day of November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas., Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: Jos h S. Lukomski, Esquire Jame . Hockenberry, Esquire Counsel for Plaintiff ,._ ~ ~~ ~r"i",Y LUii i'iJr .5U i" ~• ~ij CiIJwI~, .''```~ ~" i~ ~ ,. ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire Counsel for Plaintiff I.D. No.: 91133- 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own right CUMBERLAND COUNTY 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, NO.: 2009 - 5877 V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER Medical Professional Liability Civil Action and ) CARLISLE HMA, INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) CERTIFICATE OF MERIT AS TO CA_ RLISLE HMA. INC. PURSUANT TO Pa R C P 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: ^ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR '~ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against defendant. Respectfully submitted, ` BY: ' Jos ph . Lukomski, Esquire Ja . Hockenberry, Esquire Counsel for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right 4247 Carlisle Road Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC., and CARLISLE HMd, LLC, and HEALTH MANAGEMENT ASSOCIATES; INC., Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James.E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Certificate of Merit a~to Carlisle HMA, Inc. via first-class, United States mail, postage pre-paid, on the ~ day of. November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: Jose h . Lukomski, Esquire James E. Hockenberry, Esquire Counsel for Plaintiff ~L'U~ Iti~~~ ~~ ~?I` i ~ t1U t'~- _. ~ ~. -, ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right 4247 Carlisle Road Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC., and CARLISLE HMi4, LLC, and HEALTH MANAGEMENT ASSOCIATES,. INC., Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF MERIT AS TO CARLISLE REGIONAL MEDICAL CENTER PURSUANT TO Pa.R.C.P. 1042.3 that: I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify ^ an; appropriate licensed professional has supplied a written statement to the. undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards afjd that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary foi-`prosecution of the claim against defendant. Respectfully submitted, BY: Jo eph . Lukomski, Esquire Ja . Hockenberry, Esquire Counsel for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. ,CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES; INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby'certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Carlisle Regional Medical Center via first-class, United States mail, postage pre-paid, on the. ~~ day of November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas,`-Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: Jo eph S Lukomski, Esquire Ja . Hockenberry, Esquire Counsel for Plaintiff r.- ~ -.. . L -'Vl'- -' i- ~. Z~~~'~ir;~r! ~tJ P-' !~ C3 -„ .~'si ~i~~: i r: . . ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Rlaintiff, V CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and ) CARLISLE HMi4, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF MERIT AS TO HEALTH MANAGEMENT ASSOCIATES PURSUANT TO Pa.R.C.P. 1042.3 /we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: ^ a.n appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards acid that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary fbr prosecution of the claim against defendant. Respectfully submit~te._d; BY: Jos h S. Lukomski, Esquire ,; Jam . Hockenberry, Esquire Counsel for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, herebyCertify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Health Management Associates via first-class, United States mail, postage pre-paid, on the ~~iday of November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic. Roller, D.P.M., Esquire Marshall;'Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: Jos ph . Lukomski, Esquire Jam . Hockenberry, Esquire Counsel for Plaintiff r~ .. ,- - ,. i.. ~f~4 L'... ~_.rt_ ~~~ 1.~;'v~ ROVNER, ALLEN, ROVNER, ZIMMERMAN 8~ NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right 4247 Carlisle Road Gardners, PA 17324 Plaintiff, Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMA, INC., and CARLISLE HMA, LLC, and HEALTH MANAGEMENT ASSOCIATES; INC., Medical Professional Liability Civil Action Defendants. CERTIFICATE OF MERIT AS TO ALEXANDER SPRINGS EMERGENCY PHYSICIANS PURSUANT TO Pa.R.C.P. 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: ^ an appropriate licensed professional has supplied a written statement to the- undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct-was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for`prosecution of the claim against defendant. Respectfully submitted, BY: Jos ph S Lukomski, Esquire Jams Hockenberry, Esquire Counsel for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right 4247 Carlisle Road Gardners, PA 17324 Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL CENTER and CARLISLE HMiA, INC., and CARLISLE HMA, LLC, and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James.. E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Alexander Spring~Emergency Physicians. via first-class, United States mail, postage pre-paid, on the ~ day of November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshall, Dennehey, et al. 1845 W.a4nut Street Philadelphia, PA 19103-4797 Respectfully submitted, BY: Jo ph . Lukomski, Esquire Ja . Hockenberry, Esquire Counsel for Plaintiff G~~;~ - ; ~_ti, r' ~ , ~ ~ _~'~' ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 V CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and ~ ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES; INC., ) Medical Professional Liability Civil Action Defendants. ) CERTIFICATE OF MERIT AS TO CLIFFORD C. CLOONAN. M.D.. PURSUANT TO Pa.R.C.P. 1042.3 I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by CLIFFORD C. CLOONAN, M.D. in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ^ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are 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 licehsed professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards aril that such conduct was a cause in bringing about the harm; OR ^ expert testimony of an appropriate licensed professional is unnecessary for"prosecution of the claim against defendant. Respectfully submitted, BY: J seph . Lukomski, Esquire ames Hockenberry, Esquire 1 for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right 4247 Carlisle Road ) Gardners, PA 17324 Plaintiff, V. CLIFFORD C. ~CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and ) CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James. E. Hockenberry, Esquire, counsel for Plaintiffs in the above-captioned matter, hereby °~ertify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Cliffc~rrd C. Cloonan, M.D.. via first-class, United States mail, postage pre- paid, on the ~iH~~%day of November, 2009, as follows: Stephanie L. Hersperger, Esquire Thomas,, .Thomas & Hafer, LLP P.O. Box- 999 Harrisburg, PA 17108 Frederic Roller, D.P.M., Esquire Marshafk,'Dennehey, et al. 1845 Walnut Street Philadelphia, PA 19103-4797 BY: Respectfully subm J seph . Lukomski, Esquire J . Hockenberry, Esquire Counsel for Plaintiff ~,;.~ ~..~ _.1. ~ 1.. .. ;, ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire l.D. No.: 28532 By: James E. Hockenberry, Esquire i.D. No:: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right Plaintiff, V. CLIFFORD C. CLOONAN, M.D.; ALEXANDER SPRINGS EMERGENCY ) PHYSICIANS; CARLISLE REGIONAL MEDiCALCENTER; CARLISLE HMA, ) INC.; CARLISLE HMA, LLC; and HEALTH MANAGEMENT ) ASSOCIATES,. LNC., Defendants. Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action STIPULATION BY AND BETWEEN PLAINTIFF AND DEFENDANTS 1. Plaintiffs shall file Certificates of Merit that conform to Pa.R.C.P. 1042.3 within twenty (20) days of the filing of this Stipulation with the Cumberland County 2. Plaintiff s claim for punitive damages and claims of reckless, willful, and wanton conduct, as set forth in Count III of Plaintiff's Complaint is hereby stricken from the Complaint without prejudice. Plaintiff and Defendants agree that, should the facts warrant the same, during the course of this litigation, Plaintiff may seek leave to amend his Complaint #o seek punitive damages and Defendants will not object to same based S .~r ~~•... r ~ 4., t'~ 2C~9 ~~~~J'~ 30 f'~~~ ~~ 2~- Y':.I'i;ti;~~~ 4s~tt; .t. 1 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS 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 the subpoena with a copy of the subpoenas 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. 748339.2 (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) That Plaintiff's counsel James Hockenberry, Esquire, has waived the 20 day waiting period (copy of November 20, 2009, letter attached); and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Respectfully submitted, THOMA~,.T.~1OMAS ¢z HAFER, LLP 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 Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.2 FILED-a~t~t~;E ~ ~fi ? F~ P~r~71--~~~ J~JT;gRti( 1009 N09t 19 PIS i ~ 26 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney l.D. 17884 i ~ - _, ~ ~~u~F-,' ~'~; ~"~ t Yl l~ ~I~ re Stephanie Hersperger, Esqu . , Attorney LD. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, lnc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE. DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following entities: 1. DCA of Carlisle; 2. Chambersburg Hospital. 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 74(350.2 objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & 1CR, LLP By: Evan Black, squire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney LD. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 746350.2 Commonwealth of Pennsyh~ania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own rigi~t, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: DCA of Carlisle Noble Dialysis 101 Noble Boulevard, Suite 103 Carlisle, PA 17013 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A-rv and rill records for MarleneA Sllealer, DOB•03/17/1948, SS#080-38-6170, inclurlinQ, Gut not 1i111ited to all office notes, progress notes, nursillQ notes, therapy records, merllcatron records, opelatrve reports, daily assessments, physicians orders, social ser-~ices records, brllulg recorrls, etc.. at Thomas Thomas & Hafer LLP P O BoY 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 1-larrisburg, PA 17108 Attorney for Carlisle Regional Medical Center Defendants BY 'rlll~ COURT: D6~TG: BY [Prothonotary] Seal of the Court Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Chambersburg Hospital Attn: Medical Records Department 112 North 7`h Street Chambersburg, PA 17201 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any «nrl «ll records forts«rleneA She«ler•, DOI3.03/17/1948, SS#080-38-6170, i~:cludin~, Gut notlintited to «l! ofrce notes, progress notes, nursing notes, ther«hy records, ntedreatron recorrls~ oiler«trve reports, daily «ssessntents, physici«ns Orders, soci«I services records, Gtllut~ records, etc.. at Thomas Thomas & Hafer LLP P O Box 999 Harrisburg, PA l 7108 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 souglrt. 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 Carlisle Regional Medical Center Defendants BY ~r~-tL CouR~r: Dn'I'L: BY [Prothonotary] Seal of the Court CERTIFICATE OF SERVICE AND NOW, this ~~ay of November, 2009, 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: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP risti L. Munsh wer, Paralegal 746350.2 lJUV :3:J :1000 1:l ~ 1L; liAlt'SE1N LAW Vl~l~ lUlit: ~.il'a:3b'aUU+>:U 1'.UU1•'UU1 • ~ ~ I.~W ~PPIG7IF IZ~VhTER, 1°~LLEN, I~~'VNER, ~Il1rIlVIERMAI~T A;hTL3 ~Tt'i,SH r aoamir~:aovNmt y'-~ 17S Bua'r~a'roN P11cS NHVV)ERSEYOPFiC& uuuw 1........u+ ". Yr~waluavu.r.a, YA lyU~;7~7'3t'~ ~sm~av~sn,efl=i~few.uaerQe.ie+r.s nnwn nnn nnlnm+n 611 77T 7f1 F/1ST S1rITF iM Irrl'KY.Y 1. 'LIMMM,ITMAn 4nCl\n 1 nl~~, IYJ \+p\1lY 'EK1C;. NA.SIi YYISLA (Lid) d`125-1tSVV ts7tr/»~~L11 ~nraxtY A.5IGMM1 y c reml e. wlco. u~+rl. ~mrveTr L anvrrml~• ~~ 1. R(7IIgN C. SCOLNlCK" ;~, 7ar~~lWt u. I.wlnuu~r NEIL P. GRS8P1E5RG" ~rnxoNTr w. nCc:Axw ~ "~ ~~,,~lr_n r., niinuramrmnv 1J4.Nr+ 11.V 111/.I. t•i~" . +1 +.AI^IlAlnll.nlrn ~: nnn~~lln.ur Q, 11[p1nCW ,r . \m\mrjn O11 A•. ~q o~•rnrm n.nr •• MBMDI!R O~ Pw & Iyi IIARS ll!ldbGR ar r.\, l p ~ r>, s.~.u lea Faaeei~ila 7~I?.~3~.a446 and RQgular I{I~ail Krisli L.. Muirsfrtiw~i, Pdrerl~ydl nT rrsrc ~n r~ I s~ ~-l~.ruf i ~ l?.191 T7.1-A-1. T: A W TvLL FR88 ta3Abj L-I-t1-L-L-~-~O' F.tiX1F :31 K 3SK ll~?4(! Nnvr~mh~r ?fl, ?f)f1A Thomas, Thomas & Hafer P n ~~Y aa~ Harrisburg, PA~~71p8 Ite: r~drry snealer, txecutor, v. 41117ora (:. Cloonan, et a1. Court of Common Pleao for Cumberland County N,a.: 2009 - : ST? poar Ma. MciMlOEst~wCr; ,. MANAFrNl: NI ATTl~A NIY REPIY'I'O; ~a,r~rawvar_~a r~~vcra t Ia~v OFFICES OP . learts:rrr ~. aov~rcra, n.~:. TMf ~i75rr- llnlmf IJ~fIJ Iflnr nhm . 1~ I am in receipt of your November 17, 2009, fetter regarding subpoenas directed to dC~ of ~arli~l~ and Chambereburg Noepltal. PteaEe be advieod that wp will woivo the twenty {20);d.ay waiting period, however, please provide me wi#h copies of any and all subpoonaoct ~~cords as roquirod by Pa.F~.C.P. X1009.23{b). is}i ' ) Y~ly ll ..lly y.,ul.., J ,i;; -~' ~~1Mt5 I-IUCKENBERRY = ;~. ,1FH/nh ""` `~ Enclosures ,- s~: ' >~: +< ;~: ~: ~:~: .. .~~. •;. . ;, . mmm~r n nnT CERTIFICATE OF SERVICE AND NOW, this ~~day of November, 2009, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 748339.2 THOMAS, THOMAS & HAFER, LLP ~jLr-j i-~.;; r.,r. `~ ~ ~ ~~• ;, r, 1 ' ,Y .. 2010 J~~~ 22 Pit t ~ Q3 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire + ~ -t'~`~+~j C~fv~: Attorney LD. 17884 " '" `r~ `d Stephanie Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Please withdraw the Preliminary Objections filed on behalf of Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., to Plaintiffs' Complaint. Respectfully submitted, Date: 1/21/10 THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Stephanie Hersperger, Esquire Attorneys for Defendants Cloonan, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 771475-1 l CERTIFICATE OF SERVICE AND NOW, this 21st day of January 2010, I, Gwen Cleck, an employee 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP By: wen Cleck 771475-1 1 P'^ .n~ THOMAS, THOMAS $ HAFER, LLP ~~ i ~ ~~~~ ~~ ~~~ ~ . ~ ~ Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire C' ~j , _ ~ J ~:,~-~~ Attorney LD. 78735 v ~ ~ ~ . ~ ;` P.O. Box 999 ""' Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE TO PLEAD TO: Parties and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment maybe entered against you. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: 1/21/10 By; Evan lack, Esquire Stephanie Hersperger, Esquire Attorneys for Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES ANSWER V1'ITH NEW MATTER OF IIEFENDANTS, CLIFFORD C. CLOONAN, M.D., CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC AND HEALTH MANAGEMENT ASSOCIATES, INC., TO PLAINTIFFS' COMPLAINT AND NOW COME Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. ("Answering Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, and respond to Plaintiffs' Complaint as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiffs brings this action on behalf of decedent's estate pursuant to 20 Pa.C.S. §3373 and 42 Pa.C.S. §8302 for damages allegedly suffered by the state of decedent's death, as well as for pain and suffering and inconvenience that decedent underwent prior to her death. The remaining allegations contained in this paragraph of Plaintiffs' Complaint are denied since after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of said allegations, and therefore, same are deemed denied and strict proof demanded at the time of trial. All allegations contained in these paragraphs also are generally denied pursuant to Pa.R.C.P. No. 1029(e). 2. Admitted in part and denied in part. It is admitted that Defendant, Dr. Cloonan, at all times relevant herein, is an adult individual and licensed physician who, as of September 4, 2007, specialized in emergency medicine while working at Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania. It also is admitted that Plaintiffs are asserting a professional liability claim against Defendant, Dr. Cloonan, although it is denied that he was negligent or caused or contributed to Plaintiffs' claimed injuries or damages. By way of further answer, it is denied that Defendant, Dr. Cloonan, maintained an office at Carlisle Regional Medical Center. 3. The allegations contained in this paragraph of Plaintiffs' Complaint are directed to a defendant other than Answering Defendants, and therefore, no response is deemed necessary. To the extent a response is deemed necessary, Co-Defendant, Alexander Springs Emergency Physicians, has been voluntarily dismissed from this case via Stipulation filed with . the Court on December 31, 2009. 2 4. Admitted with the qualification that the correct legal designation for Defendant, Carlisle Regional Medical Center, is presently "Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center". Carlisle HMA, LLC is a limited liability company. It is further admitted that Defendant, Carlisle Regional Medical Center, is licensed to do business under the laws of the Commonwealth of Pennsylvania and has its principal place of business at 361 Alexander Spring Road, Carlisle, Pennsylvania. It also is admitted that Plaintiffs are asserting a professional liability claim against Defendant, Carlisle Regional Medical Center, although it is denied that it or its agents, employees or servants were negligent or caused or contributed to Plaintiffs' claimed injuries or damages. 5. Admitted with the qualification that Defendant, Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center, was a Pennsylvania corporation licensed to do business under the law of the Commonwealth of Pennsylvania, with a principal place of business at Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, Pennsylvania, prior to approximately April of 2009. It also is admitted that Plaintiffs are asserting a professional liability claim against Defendant, Carlisle HMA, Inc. d/b/a Carlisle Regional Medical Center, although it is denied that it or its agents, employees or servants were negligent or caused or contributed to Plaintiffs' claimed~injuries or damages. 6. Admitted in part and denied in part. It is admitted that since approximately April of 2009, Defendant, HMA, LLC d/b/a Carlisle Regional Medical Center is a limited liability corporation existing under the laws of the Commonwealth of Pennsylvania and that Plaintiffs are asserting a professional liability claim against it. It is denied, however, that Defendant, HMA, LLC d/b/a Carlisle Regional Medical Center or its agents, employees or servants were negligent or caused or contributed to Plaintiffs' claimed injuries or damages. It also is denied that the 3 principal place of business of Defendant, HMA, LLC d/b/a Carlisle Regional Medical Center, is at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida. To the contrary, the principal place of business of Defendant, HMA, LLC d/b/a Carlisle Regional Medical Center is at 361 Alexander Spring Road, Carlisle, Pennsylvania. 7. Admitted in part and denied in part. It is admitted that Defendant, Health Management Associates, Inc., has a principal place of business at 5811 Pelican Bay Boulevard, Suite 500, Naples, Florida and that Plaintiffs are asserting a professional liability claim against it, although said defendant denies that it, or any of its agents, servants or employees were negligent or caused or contributed to Plaintiffs' alleged injuries or damages. It is denied that Defendant, Health Management Associate, Inc., does business as Carlisle Regional Medical Center or that it is a corporation existing and doing business under the laws of the Commonwealth of Pennsylvania. 8. To the extent that this paragraph contains legal conclusions, no response is deemed necessary. To the extent a response is deemed necessary, it is denied that Defendant, R. Cloonan, was employed by Alexander Springs Emergency Physicians, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and/or Health Management Associates, Inc. To the contrary, at all times relevant herein to the care and treatment at issue, Defendant, Dr. Cloonan, was employed by Carlisle HMA Physician Management, Inc. d/b/a Central Penn Management Group. 9. Denied. This paragraph of Plaintiffs' Complaint alleges conclusions of law so that no response is necessary. To the extent a response is deemed necessary, all allegations of agency, employment or ostensible agency against Answering Defendants are denied except to the extent that said relationship between the Defendants is specifically set forth in paragraphs 4-8 of this 4 Answer to the Complaint. Moreover, to the extent Plaintiffs have failed to sufficiently identify agents, servants or employees of Answering Defendants in Plaintiffs' Complaint prior to the expiration of the statute of limitations, Answering Defendants as a matter of law are not vicariously liable for any alleged negligence on their part. It also is averred that to the extent that any agents, servants and/or employees of Answering Defendants, as specifically identified in Plaintiffs' Complaint, were acting on behalf of Answering Defendants within the course and scope of their authority, then they, at all times relevant hereinto, acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. 10. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. By way of further answer, Answering Defendants and their agents, servants and employees, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff s decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the remaining allegations contained in this paragraph of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial 11(A)-(I)(i)-(iii). Denied. The allegations contained in this paragraph and these subparagraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) 5 and strict proof of same is demanded at the time of trial. By way of further answer, the language "but not limited to" contained in this paragraph of Plaintiffs' Complaint was stricken from same via Stipulation between the parties filed on November 30, 2009, which is incorporated herein at length as if set forth at length. Moreover, Answering Defendants and their agents, servants and employees, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the remaining allegations contained in this paragraph of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 12.-15. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. By way of further answer, Answering Defendants and their agents, servants and employees, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiffls decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the remaining allegations contained in these paragraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 16. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the 6 time of trial. By way of further answer, it is denied that Answering Defendants or their agents, servants and/or employees ignored anything stated to them by Plaintiff or Plaintiff's decedent, including, but not limited to, that decedent had a facial droop, and therefore, strict proof of said allegations is demanded at the time of trial. Moreover, Answering Defendants and their agents, servants and employees, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. 17.-21. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. By way of further answer, Answering Defendants and their agents, servants and employees, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and that they were in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the remaining allegations contained in these paragraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 7 COUNT I -SURVIVAL ACTION, 42 Pa C S &8302/PROFESSIONAL NEGLIGENCE BARRY L. SHEALE _ AS EXECUTOR OF THE ESTATE OF MARLENE A SHEALER, AND IN HIS OWN RIGHT V CLIFFORD C CLOONAN. M D ALEXANDER SPRINGS EMERGENCY PHYSICIANS• CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA, INC. d/b/a Carlisle Regional Medical Center• CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center: AND HEALTH MANAGEMENT ASSOCIATES. INC., d/b/a Carlisle Re Tonal Medical Center 21. Answering Defendants incorporate their responses to paragraphs 1-20 as if set forth herein and at length. 22. To the extent that this paragraph of Plaintiffs' Complaint alleges conclusions of law, no response is necessary. To the extent a response is deemed necessary, it is admitted that at all times material herein, Defendant, Dr. Cloonan, was a physician and medical care provider who possessed special skill and knowledge in the specialty of emergency medicine on September 4, 2007. The remaining allegations contained in this paragraph of Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 23(a)-(f). Admitted in part and denied in part. It is admitted only that Defendant Cloonan was an employee of Carlisle HMA Physician Management, Inc. d/b/a Central Penn Management Group and working at Carlisle Regional Medical Center at the time relevant herein. By way of further answer, the language "but not limited to" contained in this paragraph of Plaintiffs' Complaint was stricken from same via Stipulation between the parties filed on November 30, 2009, which is incorporated herein as if set forth at length. Subparagraph 23(fj also was withdrawn by Praecipe by Plaintiffs, which was filed with the Court and is incorporated herein as if set forth at length. The remaining allegations contained in this paragraph and subparagraphs of Plaintiffs' Complaint are legal conclusions to which no response is deemed 8 necessary and/or which are denied and strict proof of same is demanded at the time of trial. By way of further answer, Defendant Cloonan, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and he was in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff s decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the remaining allegations contained in these paragraphs and subparagraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 24.(A)-(J). Denied. To the extent that this paragraph and these paragraphs of Plaintiffs' Complaint allege conclusions of law, no response is necessary. To the extent a response is deemed necessary, Defendant Cloonan, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and he was in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. By way of further answer, the language "inter alia" contained in this paragraph of Plaintiff's Complaint was stricken from same via Stipulation between the parties filed on November 30, 2009, which is incorporated herein as if set forth at length. The remaining allegations contained in these paragraphs and subparagraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 25. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are legal conclusions to which no response is deemed necessary. To the extent a response is deemed necessary, all allegations contained in this paragraph of Plaintiffs' Complaint are generally 9 denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. WHEREFORE, Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., demand judgment in their favor against all other parties, together with costs. COUNT II -LOSS OF CONSORTIUM BARRY L. SHEALER, AS EXECUTOR OF THE ESTATE OF MARLENE A SHEALER, AND IN HIS OWN RIGHT V CLIFFORD C CLOONAN, M D : ALEXANDER SPRINGS EMERGENCY PHYSICIANS• CARLISLE REGIONAL MEDICAL CENTER; CARLISLE HMA. INC. d/b/a Carlisle Re 'oval Medical Center CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center; AND HEALTH MANAGEMENT ASSOCIATES, INC., d/b/a Carlisle Re Tonal Medical Center 26. Answering Defendants incorporate their responses to paragraphs 1-25 as if set forth herein and at length. 27. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are legal conclusions to which no response is deemed necessary. To the extent a response is deemed necessary, all allegations contained in this paragraph of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. WHEREFORE, Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., demand judgment in their favor against all other parties, together with costs. 10 COUNT III -LOSS OF PUNITIVE DAMAGES BARRY L. SHEALE _ AS EXECUTOR OF THE ESTATE OF MARLENE A SHEALER. AND IN HIS OWN RIGHT V CLIFFORD C CLOONAN, M D ALEXANDER SPRINGS EMERGENCY PHYSICIANS• CARLISLE REGIONAL MEDICAL CENTER• CARLISLE HMA INC. d/b/a Carlisle Re 'oval Medical Center• CARLISLE HMA, LLC, d/b/a Carlisle Regional Medical Center: AND HEALTH MANAGEMENT ASSOCIATES. INC., d/b/a Carlisle Re Tonal Medical Center 28. Answering Defendants incorporate their responses to paragraphs 1-27 as if set forth herein and at length. 29.(A)-(B) [sic]. Denied. The allegations contained in this paragraph and subparagraphs of Plaintiffs' Complaint are legal conclusions to which no response is deemed necessary. To the extent a response is deemed necessary, it is denied that Defendant Cloonan's actions in treating Plaintiffs' decedent were reckless and/or wanton and/or willful and/or in reckless disregard of her health, safety and/or welfare as said Defendant, at all times acted appropriately and in a fashion commensurate with the standard of health care applicable under similar circumstances and he was in no way negligent, or otherwise caused or contributed to cause or increased the risk of any injury or damage to Plaintiff's decedent. As such, strict proof of all allegations is demanded at the time of trial. Byway of further answer, Plaintiffs' claims of recklessness, wantonness, willfulness and/or for punitive damages, were stricken and dismissed form Plaintiffs' Complaint via Stipulation filed on November 30, 2009, which is incorporated herein as if set forth at length. The remaining allegations contained in these paragraphs and subparagraphs of Plaintiffs' Complaint are generally denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. WHEREFORE, Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc., demand judgment in their favor against all other parties, together with costs. 11 NEW MATTER 30. Answering Defendants incorporate their responses to paragraphs 1-29 as if set forth herein and at length. 31. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 32 Plaintiffs' claims are barred and/or limited because of the conduct of the Plaintiff and/or Plaintiff s decedent under the doctrines of comparative negligence and/or assumption of the risk. 33. Plaintiffs' claims are potentially barred and/or limited by virtue of the doctrines of release and/or consent. 34. At no time relevant hereto were Answering Defendants or any of their agents, servants, or employees acting on behalf of any other natural person, partnership, corporation, or other legal entity, except as maybe specifically set forth in this Answer. 35. At no time relevant hereto was any natural person, partnership, corporation, or other legal entity acting or serving as an agent, servant, employee, or otherwise for or on behalf of Answering Defendants, except as specifically set forth in Answering Defendants' Answer to Plaintiffs' Complaint. 36. To the extent Plaintiffs have failed to sufficiently identify agents, servants or employees of Answering Defendants in Plaintiffs' Complaint prior to the expiration of the statute of limitations, Answering Defendants as a matter of law are not vicariously liable for any alleged negligence on their part. 37. Any additional allegation of negligence other than as specifically set forth in Plaintiffs' Complaint based on Plaintiffs' allegation of negligence are or will be barred by the Statue of Limitations. 12 38. Answering Defendants or their agents, servants and employees were at no time relevant to the within cause of action negligent or careless. 39. Any acts or omissions of Answering Defendants or their agents, employees or servants alleged to constitute negligence and/or carelessness and/or malpractice were not the substantial causes or factors of the subject incident and/or did not result in any incident or injuries alleged by Plaintiffs. 40. Plaintiffs 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 Services Malpractice Act. 41. Plaintiffs' 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. 42. If Plaintiffs decedent suffered injuries as alleged, such allegations being specifically denied, Plaintiff's decedent's injuries were caused by persons, entities, occurrences, instrumentalities or events unrelated to and not under the control of Answering Defendants. 43. 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 Pa. C.S. §1301.1.01. et seq. 44. Answering Defendants and their agents, servants and employees, at all times material hereto, acted in a careful, reasonable, and prudent manner consistent with the required standard of care. 45. 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. 13 46. The injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Answering Defendants or their agents, servants and employees. 47. Any care and/or treatment which may have been provided by Answering Defendants or their agents, servants and employees was at all times, reasonable, proper, appropriate and conformed to the standard of care. 48. Plaintiffs' claims, the existence of which is specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. 49. At all times relevant hereto, Answering Defendants or their agents, servants or employees acted within and followed the precepts of a school of thought followed by a considerable number of qualified and well respected specialists in the field and, accordingly, their professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 50. In the event that it is determined that Answering Defendants or their agents, servants or employees were negligent with regard to any of the allegations contained in and with respect to the Plaintiffs' Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendants and over whom said Answering Defendants had no control, right of control, or responsibility and, therefore, Answering Defendants are not liable. 14 51. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of the Plaintiff s decedent, then the conduct of Answering Defendants or their agents, servants and employees were not the legal cause of such conditions or injuries. 52. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (MCare) Act a/k/a Act 13 of 2002 as a limit/bar to Plaintiffs' claims. 53. Plaintiffs' claims are barred and/or limited by the informed consent given to the Answering Defendants by Plaintiff or Plaintiffl s decedent. Respectfully submitted, Thomas, Thomas cg Hafer, LLP Date: 1 /21 / 10 By: _~~ /ldacv ~ ,~ Evan Bl ck, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants, Clifford C. Cloonan, M.D., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 15 VERIFICATION I, Stephanie L. Hersperger, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that I am one of the attorneys of record for Defendants; that as such I am authorized to make this Verification; and that the information set forth in the foregoing Answer to Plaintiffs' Complaint with New Matter, is 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. Date: 1/21/10 Stephan e L. Hersperger, Esquire CERTIFICATE OF SERVICE I, Gwen M. Cleck, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Joseph S. Lukomski, Esquire James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 THOMAS, THOMAS & HAFER, LLP Date: 1 /21 / 10 ~...~~.,PQ~, ~ ~ ~ -..~, Gwen M. Cleck 16 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right Plaintiff, Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 V. Medical Professional Liability CLIFFORD C. CLOONAN, M.D. Civil Action and ) and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA; INC., and ) r7 N ,, c~ CARLISLE HMA; LLC, -~ ~; c --+ ~,=; and ) __ ~ ~ f-~ HEALTH MANAGEMENT ~~-- ~; -`~c ASSOCIATES, INC., ) - ~ -~ _ - __~_ Defendants. _: .- -? .~ .;~ V~ PLAINTIFF'S`~2ESPONSE TO DEFENDANTS REYNOLD A PANETTIERI M.D.'S AND REYNOLD A. PANETTIERI. M.D. P.C 'S NEW MATTER Plaintiff,~~Barry L. Shealer, in his capacity as Executor of the Estate of Marlene A. Shealer, deceased, by and through his undersigned counsel, hereby files this Response to Defendants, Clifford C. Cloonan, M.D.'s, Carlisle Regional Medical Center's, Carlisle HMS, Inc.'s, Carlisle HMS, LLC's, and Health Management Associates, Inc.'s, New Matter, and avers the following in support thereof: 30-53. - These averments are conclusions of law to which no response is required. In addition, this averments are generally denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff, Barry L. Shealer, in his capacity as Executor of the Estate of Marlene A. Shealer, respectfully requests judgment in his favor and against defendants Clifford C. Cloonan, M.D.; Carlisle Regional Medical Center; Carlisle HMS, Inc.; Carlisle HMS, LLC; and Health Management Associates, Inc.'s, jointly and/or severally. Respectfully submitted, By: Ja s E. ockenberry, Esquire Co nsel r Plaintiff Dated: ~ ~ '~~ ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: Joseph S. Lukosmki, Esquire I.D. No.: 28532 By: James E. Hockenberry, Esquire I.D. No.: 91133 175 Bustleton Pike Feasterville, PA 19053 215.953.2712 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right Plaintiff, V. . . CLIFFORD C.;CLOONAN, M.D. and CARLISLE REGIONAL MEDICAL ) CENTER '' and ) CARLISLE HMA, INC., and ) CARLISLE HMA, LLC, and ~ ~ ) HEALTH MAN~~EMENT ASSOCIATES,' IiVC., ) Defendants. ) Counsel for Plaintiff COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James. E. Hockenberry, Esquire, counsel for Plaintiff in the above-captioned matter, hereby certify that I served a true and correct copy of Plaintiff's Response to Defendants, Clifford C. Cloonan, M.D.'s, Carlisle Regional Medical Center's, Carlisle HMS, Inc.'s, Carlisle HMS, LLC's, and Health Management Associates, Inc.'s, New Matter via first-class, United States mail, pos#age pre-paid, on the ~~day of January, 2010, as follows: Stephanp~,,L. Hersperger, Esquire Thomas, Thomas & Hafer, LLP P.O. Box;999 Harrisburg; PA 17108 Respectfully submitted, BY: James . H ckenberry, Esquire Couns for Plaintiff M !~~ ~ ~7L~(~~ ~ ~~IC~ ~tAF?Y 101,E F;~B -~ p}~ 2: SS THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Cl~~~rl;~ ;~ , ~ Attorney LD. 17884 '',`i,J~jT~i fi" `"~ ~~ , I~ ~ Stephanie Hersperger, Esquire f C ~ V~ f t,.~r`~,~~!A Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 :CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS 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 the subpoena with a copy of the subpoenas 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. 748339.3 (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) That Plaintiff's counsel James Hockenberry, Esquire, has waived the 20 day waiting period (copy of February 5, 2010, email attached); and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: van 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.3 THOMAS, THOMAS & HAFFR, LLP Evan Black, Esquire Attorne}~ 1.D. l 7884 Stephanie Hersperger, Esquire Attorney 1.D. 78735 305 North Front Street Y.U. Box 999 Harrisburg, PA ] 7108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc.; Carlisle HMA, LLC and Health Management Associates, lnc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA , Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF .INTENT TO SERVE SUBPOENAS. TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: All Counsel Defendants Clifford C. Cloonan, MD; Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA; LLC and Health Management Associates, Inc. intend to sense subpoenas upon the following entities: 1. Gerald Martin, MD 2. Skills of Central PA, Inc. 3. Drew J. Stolcen, MD 4. Moffitt Heart & V ascular Group 5. Michael Oplinger, MD 7463 X0.3 6. Hershey Medical Center 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 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, L3~P .-° ~ ~ \~ ~ f r' By: _ ~-e~ Evan Blaclc, 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 Cloonan, Carlisle Regional Medical Center, Carlisle HMA, h1c., Carlisle HMA, LLC and Health Management Associates, Inc. 7463 X0.3 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his oH~n right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Gerald Martin, MD 64 South West Street Carlisle, PA 17013 NO. 09-5877 CIVIL ACTION - LAVl1 .JURY TRIAL DEMANDED l 2 JURORS AND ALTERNATES 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 records for Marlene A. Shealer, DOB: 03/l7/I948, SS#080-38-6170, including, but not limited to, all office notes, progress notes, nursing notes, tlzerapy records, medication records, operative reports, radiology reports, daily assessments, physicians orders, social services records, billing 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#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Clifford Cloonan, MD and Carlisle Regional Medical Center Defendants BY THE CC)URT: DATE: Seal of the Court BY [Prothonotary] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER! SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Skills of Central Pennsylvania, Inc. 600 Linden Avenue Hanover, PA 17331 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED l2 JURORS AND ALTERNATES 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 records for Marlene A. Sliealer, DOB: 03/17/1948, SS#080-38-6170, incluclin~, but not limited to, all employment, benefits, tax, fringe benefit and attendance records, etc. at Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17] 08 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 docwnents 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: Evau Black, Esquire Attorney ID#78735 305 North Front Street Harrisburg, PA 17108 Atton~ey for Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Drew J. Stoken, MD Stoken Ophthalmology 338 Alexander Spring Road Carlisle, PA 17015 NO. 09-5877 CNIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 records for MarleneA. Sliealer, DOB: 03/17/1948, SS#080-38-6170, including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records operative reports radiolosy reports, daily assessments, plrvsicians orders, 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 Clifford Cloonan, MD and Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Moffitt Heart & Vascular Group 1000 North Front Street Wormleysburg, PA 17043 NO. 09-5877 CNIL ACTION -LAW JURY TRIAL DEMANDED l2 JURORS AND ALTERNATES 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 records forMarleneA. Shealer, DOB:03/I7/1948, SS#080-38-6170, including, but not limited to, all office notes, progress notes, nursing notes, tlterapV records medication records operative reports, radiology reports, daily assessments, physicians orders, social services records, billing records etc.. at Thomas Thomas & Hafer LLP P O Box 999 Harrisburg PA l 7108 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 preparuig 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 l 7108 Attorney for Clifford Cloonan, MD and Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotar}~] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Michael J. Oplinger, MD 1 Dunwoody Drive Carlisle, PA 17015 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 records for Marlene A. Shealer, DOB: 03/17/1948, SS#080-38-6170 including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records operative reports radiology reports, daily assessments, physicians orders, 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 Clifford Cloonan, MD and Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Penn State Hershey Medical Center 500 University Drive Mail Code HU24 Hershey, PA 17033 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service ofthis subpoena, you are ordered bythe court to produce the following documents or things: Any and all records for Marlene A. Shealer, DOB: 03/17/1948, SS#080-38-6170 including, but not limited to, all office notes, progress notes, nursing notes, therapy records, medication records operative reports radiology reports, daily assessments, plrysicians orders, social services records billing records etc at Thomas Thomas & Hafer LLP P O Box 999 Harrisburg PA l 7108 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 Clifford Cloonan, MD and Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 7463 X0.3 THOMAS, THOMAS & HAFER, LLP Munshower, Kristi L. From: Jim Hockenberry [hockenj@dial-law.com] Sent: Friday, February 05, 2010 1:09 PM To: Munshower, Kristi L. Subject: Shealer v. Cloonan Kristi, I got your latest round of subpoenas. No objection and we will wavie the 20 days, however, pursuant to the rules, please provide me with copies of all documents received in response to your subpoenas. James E. Hockenberry Associate Attorney Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 1 CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 Frederic Roller, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 1845 Walnut Street Philadelphia, PA 19103-4797 748339.3 THOMAS, THOMAS & HAFER. LLP ~` THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. fir-, ,_.. ' `~ T} ~ -- ,C f 2~~~.~~~~ G ~ t ~ ~; ~ J PM I : ~1 Ci,'~J~ •~i'`+~~ re.. , BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff v. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants CERTIFICATE PREREQUISITE TO SERVICE OF St7BPOENAS DISCOVERY PURSUANT TO RtJL~ 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: ,~ (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 748339.6 (3) Plaintiff s counsel, James Hockenberry, Esquire, has waived the 20-day waiting period (copy of July 14, 20101etter is attached); and (4) The subpoena that will be served is identical to the subpoena that is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: '7 ~J _Y~^~''~ 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.6 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A: SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff NO. 09-5877 V. CIVIL ACTION -LAW CLIFFORD C. CLOONAN, M.D., :JURY TRIAL DEMANDED ALEXANDER SPRINGS EMERGENCY 12 JURORS AND ALTERNATES PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY.PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants Clifford C. Cloonan, MD, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following locations: 1. Aspers Fire Company & EMS The subpoena 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 7463 50.6 objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By. `~...,.,,r,~- Evan Bla k, Esq ire Attorney I.D. 17 4 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 Cloonan, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 7463 50.6 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Aspers Fire Company & EMS 1555 Center Mills Road Aspers, PA 17304 NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records for patient Marlene A. Shealer, DOB: 03/I7/I948 SS#080-38-6170 including. but not limited to, all transport and 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 1D#78735 305 North Front Street Harrisburg, PA 17108 Attorney for Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary] ERTIFICATE OF SERVICE AND NOW, this day of July, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP B ~~ sti L. Munshowe ,..Paralegal 7463 50.6 LAW OFFICES ROBERT A. ROVNER BRUCE S. ALLEN HOWARD P. ROVNER JEFFREY I. ZIMMERMAN ERIC S. NASH IEFFREY A. SIGMAN .IOSEPH S. LUI:OMSI:1' CHERYL B. WOLF" STEVEN L. ROVNER•" ROBIN C. SCOLNIC6" ,JEFFREY D. SCHMIDT NEIL P. GREENBERG"' ANTHONY W. ZICCARDI ,TAMES E. HOCI:ENBERRY MELISA E. VOYTERSHARI:" BREANDAN Q. NEMEC•• IRWIN L. LIFRAI:, M.D.'•" ROVNER, ALLEN, ROVNER, ZIIVIIVIERMAN AND NASH t 17S BUSTLETON PIKE NEW JERSEY OFFICE FEASTERVILLE, PA 19053-6456 CHERRY HILL PROFESSIONAL BUILDING 411 RT. 70 EAST, SUITE 100 PHILA. (215) 698-1800 CHERRY HILL, NJ OSOi4 85G-795-5111 BUCKS CO. (215) 322-0411 <215) D-I-A-L-L-A-W JOSEPH S. LUKOMSKI TOLL FREE (888) D-I-A-L-L-A-W MANAGING N,l ATTORNEY FAX# 215-355-0940 REPLY TO: FEASTERVILLE OFFICE t LAW OFFICES OF ROBERT A. ROVNER, P.C. Internet: www.dial-law.com ' MEMBER OF PA, NI ~ TENN. BARS July 14, 2010 " MEMBER OF PA & N) BARS "' MEMBER OF PA, NI & FL BARS ""MEMBER OF NI BAR Via Facsimile 717.237.7105 ar!~i _F?e~E.~lar I1llail Kristi L. Munshower, Paralegal Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Re: Barry Shealer, Executor, v. Clifford C. Cloonan, et al. Court of Common Pleas for Cumberland County No.: 2009 - 5877 Dear Ms. Munshower: I am in receipt of your July 2, 2010, letter regarding a subpoena directed to Aspers Fire Company & EMS. Please be advised that we will waive the twenty (20) day waiting period, however, please provide me with copies of any and all subpoenaed records as required by Pa.R.C.P. 4009.23(b). Very truly yours, _------ JA ES E. OCKENBERRY JEH/cb Enclosures CERTIFICATE OF SERVICE AND NOW, this ~_~day of July, 2010, I, Kristi L. Munshower, a Paralegal of the law 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 same in the United States Mail, postage prepaid, to the following person(s): James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS & HAFER, LLP 748339.6 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)441-7051 Attorneys for Defendants Clifford Cloonan, MD Carlisle Regional Medical Center, Cazlisle HMA, Inc., Cazlisle HMA, LLC and Health Management Associates, Inc. ~i~ r _ _ ;c TEa' a ' ',~~';, r ~Jvb ~ >q/~i ~D :S3 Cis }' ~ ....`~: ~ h V 4 ~ _, *'~ _ .. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff v. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT'TO RULE 4009:22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 748339.7 (3) Plaintiff's counsel, James Hockenberry, Esquire, has waived the 20-day waiting period (see letter attached); and (4) The subpoena that will be served is identical to the subpoena that is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, THOMAS, TF,~(}1VIAS & HAFER, LLP By. E an 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 Cazlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.7 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney LD. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17l 08 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA, Inc.; Carlisle HMA, LLC and Health Management Associates, Inc. BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in :CUMBERLAND COUNTY, his own right, :PENNSYLVANIA Plaintiff NO. 09-5$77 V. CLIFFORD G CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF INTENT TO :SERVE :SUBPOENAS TO :PRODUCE DOCUMENTS AND THINGS FOR .DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants Clifford C. Cloonan, MD, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following locations: l . Holy Spirit Hospital & Health System; 2. Pinnacle Health System The subpoena 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 7463 50.7 objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: van ack, wire 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 Cloonan, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 7463 50.7 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CNIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants To: Pinnacle Health System Attn: Medical Records Department PO Box 8700 Harrisburg, PA 17105-8700 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 for patient Marlene A. Shealer DOB•03/I7/I948 SS#080-38-6170, including but not limited to, all office notes, inpatient and outpatient notes progress notes nursing notes therapy records, medication records, operative reports radiologv reports nursing notes daily assessments pliysicians orders, social services records billing records etc located at all Pinnacle Health Svstem acilities, including, but not limited to, Harrisburg Hospital and Community General Osteopathic Hospital at Thomas Thomas & Hafer LLP P.O Box 999 Harrisburg PA 17 ] 08 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: Seal of the Court BY [Prothonotary) Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CNIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants To: Holy Spirit Hospital & Health System Attn: Medical Records Department 503 North 21st Street Camp Hill, PA 17011 Within twenty {20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all medical records for patient Marlene A. Shealer DOB•03/17/I948 SS#080-38-6170 including, but not limited to, all office notes, inpatient and outpatient notes progress notes nursing notes therapy records, medication records. operative reports, radiology reports nursing notes daily assessments physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: $y [Prothonotary) Seal of the Court CERTIFICATE OF SERVICE AND NOW, this ~'~ ay of July, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP Y~ L. Munshower, Paralegal 746350.7 Munshower, Kristi L. From: Jim Hockenberry [hockenj@dial-law.com] Sent: Monday, August 02, 2010 1:09 PM To: Munshower, Kristi L. Subject: Sheaier v. CRMC Ms. Munshower, I recieved your 7/27/10 letter with notices of intent to subpoena records from Holy Spirit Hospital and Pinnacle Health System. I will waive the 20 day objection period. However, please provide me with copies of any and all records received in response to your subpoenas. James E. Hockenberry Associate Attorney Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 1 CERTIFICATE OF SERVICE AND NOW, this ~ day of July, 2010, I, Kristi L. Munshower, a Parale al of the g law firm of Thomas, Thomas & Hafer, LLP, hereby certify that T sent a true and correct copy of the foregoing document by placing a copy of same in the United States Mail, postage prepaid, to the following person(s): James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMA~THOMAS & HAFER, LLP . Munshower, Paralegal 748339.7 THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford Cloonan, MD Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. Wit, -?_(1-'? i?.•?: 0 \,I 0i T17- f 1!h ^. r•i n R.0J Eg BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, his own right, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., NO. 09-5877 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 748339.8 (3) Plaintiff's counsel, James Hockenberry, Esquire, has waived the 20-day waiting period (see email attached); and (4) The subpoena that will be served is identical to the subpoena that is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Evan '7)V'6j- , 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 Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 748339.8 THOMAS, THOMAS & HAFER, LLP Evan Black.. Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Carlisle Regional Medical Center, Carlisle HMA. Inc., Carlisle HMA. LLC and Health Management Associates. Inc. BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5877 V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH MANAGEMENT ASSOCIATES, INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendants Clifford C. Cloonan, MD, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. intend to serve subpoenas upon the following locations: 1. Michael R. Gawlas, D.O. The subpoena 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 746350.8 objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Evan B ac , Esquire Attorney I.D. 17884 Stephanie Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Boa 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Cloonan, Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. 746350.8 Commonwealth of Pennsylvania County of CUMBERLAND SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, and in his own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLIFFORD C. CLOONAN, M.D., ALEXANDER SPRINGS EMERGENCY PHYSICIANS, CARLISLE REGIONAL MEDICAL CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC' and HEALTH MANAGEMENT ASSOCIATES, INC., Defendants To: Michael R. Gawlas, D.O. Good Hope Family Physicians 1830 Good Hope Road Enola, PA 17025 NO. 09-5877 CIVIL ACTION - LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES 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 for patient Marlene A. Shealer, DOB: 03/17/1948, SS#080-38-6170, including but not limited to, all office notes, inpatient and outpatient notes, progress notes, nursing notes therapt? records, medication records, operative reports, radiology reports, nursing notes, dailt, assessments, physicians orders, 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 Carlisle Regional Medical Center Defendants BY THE COURT: DATE: BY [Prothonotary] Seal of the Court CERTIFICATE OF SERVICE AND NOW, this day of September, 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: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 746350.8 THOMAS, THOMAS & HAFER, LLP Munshower, Kristi L. From: Jim Hockenberry [hockenj@dial-law.com] Sent: Monday, September 20, 2010 12:33 PM To: Munshower, Kristi L. Subject: Shealer Ms. Munshower, I received your notice of intent with regard to records from Michael R. Gawlas. Please note that we waive the 20 day objection period. However, with a copy of any and all records received in response to your subpoena Rules of Court. Thanks, Jim James E. Hockenberry Associate Attorney Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 please provide us as required by the 1 CERTIFICATE OF SERVICE AND NOW, this day of September, 2010, I, Kristi L. Munshower, a Paralegal of the law 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 same in the United States Mail, postage prepaid, to the following person(s): James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman & Nash 175 Bustleton Pike Feasterville, PA 19053 THOMAS, THOMAS & HAFER, LLP 748339.8 6 ~ y SEP 3 0 2010 IN THE CGURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA (Civil Division) __ BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) and in his own right Plaintiff, V. CLIFFORD C. CLOONAN, M.D. and ) ALEXANDER SPRINGS EMERGENCY PHYSICIANS and CARLISLE REGIONAL MEDICAL ) CENTER and ) CARLISLE HMA, INC., and CARLISLE HMA, LLC, and ) HEALTH MANAGEMENT ASSOCIATES, INC., Defendants. ) ORDER c~3 ~ ~, c' ~'~' r+-~ a~ v, ~ _.. --~ -~ ~ ~~ ~~? ~ ~N~ c : ~~ ~ ::~ - :. ~~ c-a _,. --..J AND NOW, this 3o day of .~.o~'~c ~ , 2010, upon consideration of Plaintiff's Motion for Admission Pro Hac Vice Pursuant to Pa.R.C.P. 1012.1 and Pa.B.A.R. 301, it is hereby ORDERED, DIRECTED, and DECREED that said Motion is GRANTED. Irwin L. Lifrak, M.D., Esquire, is hereby specially admitted to the bar of this Commonwealth under Pa.B.A.R. 301 as co-counsel representing Plaintiff, Barry L. Shealer, in his capacity as Execuitor of the Estate of Marlene A. ler, and i his own right. ~e J. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NO.: 2009 - 5877 Medical Professional Liability Civil Action 1 ORIGINAL THONO TAT; THOMAS,THOMAS&HAFER,1.I,P Daniel L.Grill,Esquire 201] JO -7 fl 10: 59 Attorney I.D. 65339 Stephanie IIersperger,Esquire CUMBERLAND Ni Attorney I.D.78735 PENNSYLV COUNTY ANIA P.O.Box 999 Harrisburg,PA 17108 (717)441-7051 Attorneys for Defendants Clifford C.Cloonan,M.D.,Carlisle Regional Medical Center, Carlisle IIMA.Inc.,Carlisle HMA,LLC and Health Management Associates,Inc. BARRY L. SHEALER, as Executor of the : IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in : CUMBERLAND COUNTY, his own right, : PENNSYLVANIA Plaintiff : NO. 09-5877 • V. : CIVIL ACTION- LAW CLIFFORD C. CLOONAN,M.D., : JURY TRIAL DEMANDED CARLISLE REGIONAL MEDICAL : 12 JURORS AND ALTERNATES CENTER, CARLISLE HMA,INC., CARLISLE HMA, LLC and HEALTH : MEDICAL PROFESSIONAL LIABILITY MANAGEMENT ASSOCIATES,INC., : CIVIL ACTION Defendants - JOINT SULATIONTO DISMISS AND NOW, come the parties, by and through their undersigned counsel, and agree and stipulate as follows: 1. Through a series of corporate restructuring steps, Defendant CARLISLE IIMA, INC, was converted from a corporation to a limited liability company known as CARLISLE HMA, LLC, effective as of March 26, 2009. Therefore, the named party CARLISLE HMA, INC. is dismissed from the case with prejudice on the express condition that CARLISLE 11MA, LLC is acknowledged to be the successor in interest to CARLISLE HMA, INC. and fully 1 responsible for its obligations. As used in this Stipulation, the term "CARLISLE" shall mean and include CARLISLE HMA, LLC as successor in interest to CARLISLE HMA, INC. 2. At the time of the alleged negligence sent forth in Plaintiffs Complaint, defendant Clifford C. Cloonan, M.D., was an ostensible agent and/or apparent agent of CARLISLE; 3. At the time of the alleged negligence set forth in Plaintiffs Complaint, defendant Clifford C. Cloonan, M.D., was not the agent, employee, ostensible agent and/or apparent agent of defendant HEALTH MANAGEMENT ASSOCIATES, INC.; 4. Defendant HEALTH MANAGEMENT ASSOCIATES, INC is hereby dismissed from this action without prejudice, and Plaintiff may join said defendant at a later date, notwithstanding any statute of limitations defense, should the facts warrant that defendant Clifford C. Cloonan, M.D., was the agent, employee or ostensible agent or apparent agent of defendant HEALTH MANAGEMENT ASSOCIATES, INC. at the time of the care and treatment of decedent; 5. While Plaintiff may join said defendant at a later date, notwithstanding any statute of limitations defense, should the facts warrant that defendant Clifford C. Cloonan, M.D., was the agent, employee or ostensible agent or apparent agent of defendant HEALTH MANAGEMENT ASSOCIATES, INC., Plaintiff may not aver or allege any new facts, allegations or causes of action against any of these defendants not already contained in Plaintiff s Complaint filed on or about September 9, 2009; 6. It is further agreed that this Stipulation may be executed in one or more counterparts, all of which will be considered one and part of this Sti lation, and a facsimile or photocopy reproduction of signatures shall have the effect of original signatures. ROVNER,ALLEN,ROVNER,ZIMMERMAN&NASH By: / ] , Esquire Attorney 1.D. 91133 Rovner, Allen, Rovner, Zimmerman &Nash 175 Bustleton Pike Feasterville, PA 19053-6456 Attorneys for Plaindffs8urryl. Shea/or, as Executor oft/ic Estate of Marlene S800/er, and in his own right Date: ~ / ''/ 3 THOMAS,THOMAS & HAFER, LLP By: Daniel L. rill,Esquire Attorney 1.D. 65339 Stephanie Hersperger, Esquire Attorney ED. 78735 Thomas, 'Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Clifford C. Cloonan, MD., Carlisle Regional Medical Center, Carlisle HMA, Inc., Carlisle HMA, LLC and Health Management Associates, Inc. Date: 4 BARRY L. SHEALER, as Executor of the : IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in : CUMBERLAND COUNTY, his own right, : PENNSYLVANIA Plaintiff : NO. 09-5877 V. • : CIVIL ACTION—LAW CLIFFORD C. CLOONAN, M.D., : JURY TRIAL DEMANDED CARLISLE REGIONAL MEDICAL : 12 JURORS AND ALTERNATES CENTER, CARLISLE HMA, INC., CARLISLE HMA, LLC and HEALTH : MEDICAL PROFESSIONAL LIABILITY MANAGEMENT ASSOCIATES, INC., : CIVIL ACTION Defendants • • CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing JOINT STIPULATION TO DISMISS, was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 6th day of June, 2013, on all counsel of record as follows: James E. Hockenberry, Esquire Rovner, Allen, Rovner, Zimmerman&Nash 175 Bustleton Pike Feasterville, PA 19053-6456 THOMAS, THOMAS & HAFER, LLP BY: Michele A. Koharcheck BARRY L. SHEALER, as Executor of the IN THE COURT OF COMMON PLEAS Estate of MARLENE A. SHEALER, and in CUMBERLAND COUNTY, e , his own right, PENNSYLVANIA :r MM =M ' - Plaintiff NO. 09-5877 V. , ,. CIVIL ACTION—LAW CLIFFORD C. CLOONAN, M.D., JURY TRIAL DEMANDED ' "T CARLISLE REGIONAL MEDICAL 12 JURORS AND ALTERNATEt CENTER,CARLISLE HMA, INC., - CARLISLE HMA,LLC and HEALTH MEDICAL PROFESSIONAL LIABILITY MANAGEMENT ASSOCIATES, INC., CIVIL ACTION Defendants ORDER AND NOW, this /0 day of 1kA� 2013, upon consideration of the Stipulation to Dismiss CARLISLE HMA, INC. and HEALTH MANAGEMENT ASSOCIATES, INC., only, entered into by the parties, it is hereby ORDERED that CARLISLE HMA, INC. and HEALTH MANAGEMENT ASSOCIATES, INC. are DISMISSED and the caption in this matter shall be amended to delete CARLISLE HMA, INC. and HEALTH MANAGEMENT ASSOCIATES, INC. as defendants. BY THE COURT: J. cc: Tames E. Hockenbe�Y, Esquire,Attorney for Plaintiff Stephanie L. Hersperger, Esquire, Attorney for Defendants � «�!3 LAW OFFICE OF LEON AUSSPRUNG, M.D., L.L.C. '�� By: James E. Hockenberry, Esquire 3 rl , ,v P I.D.No.: 91133 ! P ' r, }` BERL , " One Commerce Square �,�.�`� ,��,�� �0 j�,��r 2005 Market Street S? � T" Suite 2300 L VA Philadelphia, PA 19103 267-809-8250 j h(a),aussprunglaw.com BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own right CUMBERLAND COUNTY NO.: 2009 - 5877 Plaintiff, V. Medical Professional Liability CLIFFORD C. CLOONAN, M.D.; Civil Action ALEXANDER SPRINGS EMERGENCY ) PHYSICIANS; CARLISLE REGIONAL MEDICALCENTER; CARLISLE HMA, ) INC.; CARLISLE HMA, LLC; and HEALTH MANAGEMENT ) ASSOCIATES, INC., Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-referenced case on behalf of Plaintiff only. Respectfully submitted, LAW OFFICE OF LEON AUSSPRUNG MD,LLC By: JAME E. HO KENBERRY, ESQUIRE Date: 1 7'y 0 LAW OFFICE OF LEON AUSSPRUNG,M.D.,L.L.C. By: James E. Hockenberry, Esquire 1;fl I.D.No.: 91133 ,� 'P One Commerce Square ' "?4 2005 Market Street y �j ,� r Suite 2300 , Philadelphia, PA 19103 267-809-8250 j h(_)aussprunglaw.com BARRY L. SHEALER, as Executor of the Estate of MARLENE A. SHEALER, ) COURT OF COMMON PLEAS FOR and in his own right CUMBERLAND COUNTY NO.: 2009 -5877 Plaintiff, V. Medical Professional Liability CLIFFORD C. CLOONAN, M.D.; Civil Action ALEXANDER SPRINGS EMERGENCY ) PHYSICIANS; CARLISLE REGIONAL MEDICALCENTER; CARLISLE HMA, ) INC.; CARLISLE HMA, LLC; and HEALTH MANAGEMENT ) ASSOCIATES, INC., Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter DISCONTINUED upon payment of your costs only. Respectfully submitted, LAW OFFICE OF LEON AUSSPRUNG MD,LLC By: JAMES V. HO KENBERRY, ESQUIRE LEON AVSSPRUNG, ESQUIRE Date: (3