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Home My WebLink About09-7673ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlockAangino-rovner.com Estate of Ouang Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C-4141 - 'ItP73 N;I Frm V. CHARLES P. KINGSLEY, M.D.; WEST SHORE ANESTHESIA ASSOCIATES, LTD.; and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL, Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 TELEPHONE 717/249-3166 or 800/990-9108 415321 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mAs adelante en las siguientes pAginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 TELEPHONE 717/249-3166 o 800/990-9108 415321 2 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlockna.angino-rovner.com Estate of Ouang Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. CHARLES P. KINGSLEY, M.D.; WEST SHORE ANESTHESIA ASSOCIATES, LTD.; and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL, Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Ngoc-Loan T. Vo, an adult individual, Administratrix of the Estate of Quang Tan Tran, deceased, by Letters of Administration duly issued by the Registrar of Wills of Cumberland County, Pennsylvania, is the wife of the decedent, and resides at 1310-1/2 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Charles P. Kingsley, M.D. (hereinafter "Defendant Kingsley") is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania and an employee, agent and/or apparent agent 413943 1 of Defendant West Shore Anesthesia Associates, located at 503 N. 21St Street, Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against this Defendant. A Certificate of Merit is filed herewith. 3. Defendant West Shore Anesthesia Associates (hereinafter "Defendant West Shore Anesthesia") is a corporate medical institution providing anesthesia services in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against this Defendant. A Certificate of Merit is filed herewith. 4. Defendant Holy Spirit Health System, t/d/b/a Holy Spirit Hospital (hereinafter "Defendant Holy Spirit Hospital") is a corporate medical institution providing a full range of medical services in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against this Defendant. A Certificate of Merit is filed herewith. 5. The facts and occurrences hereinafter related took place between October 19, 2008, and November 3, 2008, at Defendant Holy Spirit Hospital. 6. On October 19, 2008, Quang Tan Tran went to Defendant Holy Spirit Hospital and was admitted for history of flu-like symptoms for three weeks, chest pain worsening, and sharp with non-productive cough, fever, chills, mild respiratory distress, and inspiratory and expiratory wheezes in the left lung base. 7. According to the EMT, Mr. Tran denied chest pain on exertion and was without cyanosis or diaphoresis (perspiration), and without "acute cardiac or respiratory symptoms." 8. Vital signs were Sp02<94%, and weight of 142. 9. The cardiovascular exam showed regular rhythm and rate, no jugular venous distention, no gallop, no friction rub, and full and equal pulses. 413943 2 10. A systolic murmur was not described further, skin color normal without lesions but febrile. No pedal edema (foot swelling). 11. An EKG showed a sinus rhythm with elevated ST segments in anterior leads (V2, V3) without reciprocal change. 12. Chest x-ray showed increased vascular congestion, "generous" mediastinum and a left effusion, cardiomegaly. 13. On October 19, 2008, the radiologist noted pleural and parenchymal opacity throughout the left lung base with obscured left hemidiaphragm, with probable pleural effusion. 14. Mr. Tran's past medical history included hypertension, elevated cholesterol, and hepatitis C. 15. Medications at the time of his hospitalization included Advair, Benicar, Caduet, and Aspirin with no known drug allergies. 16. On October 19, 2008, there was no overt pulmonary edema. 17. October 19, 2008, laboratory results included WBC 15,400 H [high], Hgb 11.9 L [low], PLT 303, Seg 64, Lymph 5 L, Bands 19 H, Glucose 161 H; Liver Function: Total Protein 8.3, Albumin 2.6 L; Renal Function: BUN 22 H, Creatinine 1.1; Istat Poct: 10:27 BUN 21, Creatinine 1.3, and BNP 218.0 H at 10:23; Cardiac Function: CK 39 (38 - 174 ), CK MB 2.1 (0.0 - 6.8), TNT [Troponin T] 0.01 (0.00 - 0.03); Blood Gases: pH 7.50 H, PCO2 33 L, PO2 56 L; Urinalysis: Occult Blood Large A [abnormal], Protein 30 mg./dl. A, RBC 21-30 A, Bacteria 3+ A. 18. Despite history, physical exam, and laboratory results, on October 19, 2008, Mr. Tran was diagnosed as STEMI [ST-Segment Elevation Myocardial Infarction] and sent to the cardiac catheterization lab with a presumptive diagnosis of myocardial infarction, without 413943 3 elevated cardiac enzymes, a benign cardiac exam, no echocardiogram, and an obvious infectious process including lungs, hematuria, and proteinuria. 19. According to the Cardiac Catheterization lab report, lab results were checked and on chart at 10:40 a.m. on October 19, 2008, i.e., normal CK, CKMB, Troponin T, benign BNP, and abnormal blood gas in a patient with pneumonia. 20. Mr. Tran had pneumonia with hypoxia and ischemia, but no coronary artery disease or MI and underwent an unnecessary cardiac catheterization procedure with unnecessary exposure to radiation and contrast (100 ml Visipaque 320 mg/ml) with 1.40 minutes of fluoroscopy. 21. The pneumonia caused progressive hypoxia and ultimately a decision was made to perform a left thoracotomy decortication and drainage of suspected left chest abscess according to the October 23, 2008, Record of Operation. 22. On October 23, 2008, the day of surgery, Mr. Tran required emergent intubation in the early morning for respiratory failure. 23. The October 22, 2008, Pre-Operative Anesthesia Evaluation and Plan indicated that Mr. Tran had a small mouth and a Mallampati score of III with a note of possible difficult intubation. 24. On October 23, 2008, Defendant Kingsley attempted to exchange the endotracheal tube for a double lumen endotracheal tube. 25. Defendant Kingsley was unable to pass the double lumen tube and removed the tube exchanger. 26. Defendant Kingsley was unable to ventilate the patient adequately either with a laryngeal mask airway, or with a laryngoscope. 413943 4 27. Mr. Tran desaturated significantly and developed a bradycardic arrest and CPR was initiated; Mr. Tran received an estimated 20 minutes of CPR. 28. Defendant Kingsley performed a tracheostomy on October 23, 2008, total procedure time according to the Anesthesia Record was 1139 -1330. 29. Mr. Tran's medical condition continued to decline; he developed ARDS, required ventilation, and EEG showed severe diffuse encephalopathy with burst suppression, developing renal failure. 30. On or about November 3, 2008, Quang Tan Tran died. COUNTI NGOC-LOAN T. VO INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAN, DECEASED v. CHARLES P. KINGSLEY, M.D. 31. Paragraphs 1 through 30 of Plaintiff's Complaint are incorporated herein by reference. 32. The death of Quang Tan Tran was a result of the negligent, careless and substandard care provided by Defendant Charles P. Kingsley, M.D., as follows: (a) failure to properly assess the degree of difficulty and prepare for intubation of Mr. Tran before the procedure; (b) failure to successfully exchange the endotracheal tube for a double lumen endotracheal tube commonly used for thorascopic surgery; (c) improperly removing the tube exchanger; (d) failure to ventilate patient adequately; (e) failure to successfully ventilate with laryngeal mask airway; (f) failure to successfully intubate with a laryngoscope; (g) performing a tracheostomy too late to prevent hypoxic encephalopathy; 413943 5 (h) failure to establish an airway in a critically ill patient in a timely fashion resulting in hypoxic brain damage and subsequent demise. COUNT II NGOC-LOAN T. VO INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAN, DECEASED v. WEST SHORE ANESTHESIA 33. Paragraphs 1 through 32 of Plaintiff's Complaint are incorporated herein by reference. 34. The death of Quang Tan Tran was a result of the negligent, careless, and substandard care provided by West Shore Anesthesia as follows: (a) Dr. Charles P. Kingsley was an employee, apparent or ostensible employee, agent and servant of West Shore Anesthesia at all relevant times herein and West Shore Anesthesia is thus responsible for his negligence for the doctrine of respondent superior and apparent agency. COUNT III NGOC-LOAN T. VO INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAN, DECEASED v. HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL 35. Paragraphs 1 through 34 of Plaintiff's Complaint are incorporated herein by reference. 36. The death of Quang Tan Tran was a result of the negligent, careless and substandard care provided by Holy Spirit Hospital as follows: (a) Dr. Charles P. Kingsley was an employee, apparent or ostensible employee, agent and servant of Holy Spirit Hospital at all relevant times herein and Holy Spirit Hospital is thus responsible for his negligence for the doctrine of respondent superior and apparent agency. 413943 6 CLAIM I - SURVIVAL ACTION NGOC-LOAN T. VO INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAN, DECEASED v. CHARLES P. KINGSLEY M.D. WEST SHORE ANESTHESIA ASSOCIATES AND HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL 37. Paragraphs 1 through 36 of Plaintiff's Complaint are incorporated herein by reference. 38. Plaintiff Ngoc-Loan T. Vo brings this action on behalf of the Estate of Quang Tan Tran, deceased, under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, § 2, 42 Pa. C.S.A. § 8302. 39. Defendants' negligence, as alleged herein, was the legal cause of Quang Tan Tran's death. 40. Defendants' negligence, as alleged herein, significantly decreased the period of survival. 41. Defendants' Charles P. Kingsley, M.D., West Shore Anesthesia, and Holy Spirit Hospital are liable to the Estate of Quang Tan Tran for damages set forth herein. 42. Plaintiff Ngoc-Loan T. Vo, Administratrix of the Estate of Quang Tan Tran, deceased, is filing claims on behalf of said Estate for the damages suffered by the said Estate by reason of death of Quang Tan Tran, including the Decedent's medical expenses, pain and suffering the Decedent underwent prior to death, the Decedent's loss of earnings and earning capacity, and all other damages properly recoverable under 42 Pa. C.S.A. § 8302. 413943 7 CLAIM II - WRONGFUL DEATH NGOC-LOAN T. VO INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAN, DECEASED v. CHARLES P. KINGSLEY M.D. WEST SHORE ANESTHESIA ASSOCIATES AND HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL 43. Paragraphs 1 through 42 of Plaintiff's Complaint are incorporated herein by reference. 44. Plaintiffs claim for damages for harm and injuries averred above pursuant to Pennsylvania's Wrongful Death Act, 42 Pa. C.S.A. § 8301. 45. Plaintiffs harm and injuries resulted from the acts and omissions of the Defendants as set forth above. 46. The following are the names of all persons entitled by law to recover damages for such wrongful death and their relationship to decedent: Name Relationship Address Ngoc-Loan T. Vo wife 1310-1/2 Brandt Avenue New Cumberland, PA 17070 Quang-Thai V. Tran son 1310-1/2 Brandt Avenue New Cumberland, PA 17070 Quang-Vinh V. Tran son 1310-1/2 Brandt Avenue New Cumberland, PA 17070 47. As a direct result of Defendants' negligence, which caused Quang Tan Tran's death, the wrongful death beneficiaries have incurred funeral expenses. 48. As a direct result of the death of Decedent Quang Tan Tran, the wrongful death beneficiaries have suffered a pecuniary loss and have been and in the future, will be deprived of Decedent's services, contribution and support. WHEREFORE, Plaintiff Ngoc-Loan T. Vo, Individually and as Administratrix of the Estate of Quang Tan Tran, deceased, demands judgment against Defendants in an amount in 413943 8 excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, P.C. 400100 Date: NovembA '2009 I.D. No. 47281 Esquire 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 413943 9 T VERIFICATION I, Ngoc-Loan T. Vo, Plaintiff hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. WITNESS: ()t d NGO -LOAN T. VO Date: 416726 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlockQangino-rovner.com Estate of Ouang Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Certificate of Merit as to Charles P. Kingsley, M.D. I, Richard A. Sadlock, Esquire, certify that: (X) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other 401289 licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Date: November , '2009 AN ER, P.C. Ri ock, Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 401289 2 .. ,,? ?? ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlock nanaino-rovner.com Estate of Ouang Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Certificate of Merit as to West Shore Anesthesia Associates I, Richard A. Sadlock, 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 (X) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other 401289 licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, ANGINO & ROVNER, P.C. k, Esquire I.D. No. 47281 4503 N. Front Street 450000, Harrisburg, PA 17110 (717) 238-6791 Date: November , 2009 Counsel for Plaintiffs 401289 2 C ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlockAangino-rovner.com _ Estate of Ouang Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Certificate of Merit as to Holy Spirit Health System, t/d/b/a Holy Spirit Hospital I, Richard A. Sadlock, 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 (X) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other 401289 licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, Date: 401289 November 7,2009 _5 ANG1NO & ROVNER, P.C. 0000- is ock, Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 2 Q-S r IU .c !"i-.i" 2 9NCIV _6 $118, So PZ A"-( .233(09 .v l SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor A ;?s ut ?:414tl? pp4?4 L k 9 i. 111111 ; r t Ngoc-Loan T. Vo vs. Holy Spirit Health System Case Number 2009-7673 SHERIFF'S RETURN OF SERVICE 11/12/2009 02:36 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1436 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Holy Spirit Health System t/d/b/a Holy Spirit Hospital, by making known unto Kay Tipton, Risk Manager at 503 North 21 st Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/12/2009 02:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1452 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: West Shore Anesthesia Associates, Ltd. c/o Holy Spirit Hospital, by making known unto Jamie Greene, Secretary at 503 North 21st Street 2nd Floor Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/12/2009 02:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1452 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles P. Kingsley, MD, by making known unto Jamie Greene, Secretary at 503 North 21 st Street 2nd Floor Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $87.44 November 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ff 4-eySh/e0re7i: :;ct ', .. 7 :laosft lrc. 537470 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) NGOC-LOAN T. VO, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAM, DECEASED, Plaintiff V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, LTD., AND HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, Defendants ATTORNEY FOR HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7673 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire, as counsel for Defendant, HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, in the above-captioned matte:. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. ..? -, - Date: November 17, 2009 By: Th as V. 'Chairs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM TIDIBIA HOLY SPIRIT HOSPITAL 2 CERTIFICATE OF SERVICE AND NOW, November 17, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Charles P. Kingsley, M.D. 500 University Drive Hershey, PA 17033 WEST SHORE ANESTHESIA ASSOCIATES, LTD 503 N. 21st Street Camp Hill, PA 17011 j Thomas M airs, Esquire FILED-GVr4C1_ OF THE FRUTHA ITARY 2009 NOV 19 PH 12: 51 CUMB4... ;? w , '-LINTY Pt,NN3'YLVA",li' THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 NGOC-LOAN T. VO, Individually and as Administrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, LTD., and HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, Defendants Attorneys for Defendants Charles P. Kingsley, M.D. and West Shore Anesthesia Associates, Ltd. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7673 CIVIL ACTION -LAW JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire on behalf of the Defendants, Charles P. Kingsley, M.D. and West Shore Anesthesia Associates, Ltd. only, relative to the above- captioned action. Respectfully submitted, Date: 0 Thomas, Thomas & Hafer, LLP 4--7 By: Evan Black, Esquire Attorney I.D. 17884 Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendants Charles P. Kingsley, M.D. and West Shore Anesthesia Associates, Ltd. CERTIFICATE OF SERVICE 1, 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: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Thomas Chairs, Esquire Dickie McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Date: 3r - I ! U ?f J . Wolfe ARY OF THE P' , '- ;(.)7 2009 NOY 20 PH 2: 07 CUM L ?1i C r~ - ~-~~~ 2Ci0 Jh~ -8 Pi ~ I ~ ~ ~ ~t i'~ 1 ti ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# :47281 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff: E-mail: rsadlocknu,aneino-rovner.com Estate of QUanQ Tan Tran NGOC-LOAN T. VO, Individually and as Administratrix of the ESTATE OF QUANG TAN TRAN, Deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7673 v. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, and HOLY SPIRIT HEALTH SYSTEM, t/d/b/a HOLY SPIRIT HOSPITAL Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS KINGSLEY AND WEST SHORE ANESTHESIA ASSOCIATES, LTD. AND NOW comes Ngoc Loan T. Vo, Individually and as Administratrix of the Estate of Quang Tan Tran, Deceased, Plaintiff, by and through her attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire, and replies to the New Matter of Defendants Kingsley and West Shore Anesthesia Associates, Ltd., as follows: 49. Answering Defendants' response does not require a responsive pleading. Plaintiff incorporates her Complain herein by reference. 429024 l 50. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs Complaint does state a cause of action upon which relief may be granted. 51. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs Complaint was filed well within the applicable statute of limitations. 52. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specif cally denied. All of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendants. 53. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendants do constitute negligence and were substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiff. 54. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did not assume the risk of medical treatment rendered. Further, Plaintiff was not negligent or careless. A11 of Plaintiffs injuries and damages are recoverable in the instant action. 429024 2 55. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way and at all times exercised reasonable care. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs injuries and damages are recoverable in the instant action and are in no way barred or reduced. 56. Answering Defendants' averment is a conclusion of Iaw to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiff s injuries and damages are recoverable in the instant action and are in no way reduced. 57. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendants' averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the Defendants. 58. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no defenses or limitations on damages available to Defendants in the instant action under the Health Care Services Malpractice Act. 59. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 429024 3 denied. By way of amplification, at all times applicable hereto, Answering Defendants acted in a negligent, careless, wanton, and reckless manner as more specifically stated in Plaintiff's Complaint. 60. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no defenses available to Answering Defendants or applicable to the instant action in the Federal Health Care Quality Improvement Act. 61. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendants do constitute negligence and were substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiff. 62. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, at all times applicable hereto, the care and/or treatment provided by the Answering Defendant was negligent, careless, wanton, and reckless, as more specifically stated in Plaintiff's Complaint. 63. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Pa.R.C.P. 238 relating to delay damages is constitutional. 64. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 429024 4 denied. By way of amplification, Plaintiff has not entered into any release nor is there any other affirmative defense that applies to the instant action 65. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, neither Moorhead v. Crozer Chester Medical Center nor any other statute or case decision in any way limits Plaintiff's damages in the instant action. 66. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no precepts of a school of thought to justify or excuse the negligent, careless, wanton, and reckless conduct of the instant Defendants. Defendants' conduct failed to conform to the applicable standard of care. Plaintiff incorporates her Complaint herein by reference. 67. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there were no intervening or superseding causes. All of Plaintiff's injuries and damages are recoverable in the instant action and were caused solely and directly as a result of the negligence, carelessness, wantonness, and recklessness of the Defendants. 6$. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendants' averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the Defendants. Further, the acts and omissions of the Defendants do constitute negligence and were 429024 5 substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiff. 69. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no affirmative defenses available to the Answering Defendants from the Medical Care Availability and Reduction of Error Act. 70. Answering Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no precepts of a school of thought to justify or excuse the negligent, careless, wanton, and reckless conduct of the instant Defendants. Defendants' conduct failed to conform to the applicable standard of care. Plaintiff incorporates her Complaint herein by reference. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Answering Defendants' Answer and New Matter and enter judgment in her favor against the Defendants. Respectfully submitted, ANGINO & ROVNER. P.C. Richard A. Sadlock LD.~1 . 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: January 7, 2010 Counsel for Plaintiff 429024 6 VERIFICATION I, Richard A. Sadlock, Esquire, counsel for the Plaintiff, am authorized to make this verification on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: January , 2010 278165-1 CERTIFICATE OF SERVICE AND NOW, this ~-day of January, 2010, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiff s Reply to New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Counsel for Defendant Holy Spirit Health System t/d/b/a Holy Spirit Hospital Evan Black, Esquire Hugh P. O'Neill, III, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Defendants Kingsley and West Shore Anesthesia Kathy A. oney 429024 7 855725 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) NGOC-LOAN T. VO, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF QUANG TAN TRAM, DECEASED, Plaintiff, ATTORNEY FOR HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7673 V. CHARLES P. KINGSLEY, M.D., WEST SHORE ANESTHESIA ASSOCIATES, LTD., AND HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, MEDICAL MALPRACTICE ACTION Defendants 1 JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS FOR SERVICE UPON DEFENDANTS, HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL TO THE PROTHONOTARY: Please direct all future Notices and correspondence to the following address and the undersigned counsel. Dickie, McCamey & Chilcote P.C. , - Plaza 21, Suite 302 i .- -;7 =v 425 N. 21St Street ' 'q 7/ \ V t^ tis+ Camp Hill, PA 17011 ' ~ (; -j c.-) :..ice `r7 C:_ J 7 Respectfully submitted, DICKIE, MCCAMEY 8AfMILCOTE, P.C. Date: February 9, 2011 By: T'ho as . Chairs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL 2 CERTIFICATE OF SERVICE AND NOW, February 9, 2011, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Evan Black, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Charles P. Kingsley, M.D. and West Shore Anesthesia Associates, Ltd.) P f? ? Y Tho M. , irs, Esq" I • CERTIFICATE - PREREQUISITE TO SERVICE OF A SUB nEY i , PURSUANT TO RULE 4009 .22'? ?? b y ?7 Palo ca???T4 IN THE MATTER OF: COURT OF COMMON PLEAS NGOC-LOAN T. VO, ET AL TERM, CUMBERLAND -VS- CASE NO: 09-7673 CHARLES P. KINGSLEY, MD, WEST SHORE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 01/12/2012 /S/ Cvan each, 6'4. EVAN BLACK, ESQ. Attorney for DEFENDANT r MCS # 10123-L06 DE12 1/12/2012 1:59:54 PM 1/12/2612 12+51 PM Lehman, Misty (412)392-5367 Page 2 > DMCLAW Page 2 of 3 1601 Market Street, Suite 800, Philadelphia Pennsylvania 19103 (215) 246 -0900 Fax Number (215) 531 -5754 URGEW!!!!! URGMT!!!! URGENT!t!!! 01/12/20]2 QUAN T. TRAN NGOC-LOAN T. VO, ET AL Vs CHARLES P. KINGSLEY, MD, WEST SHOREANESTNESIA ASSOCIATES & HOLY SPIRIT HOSP THOMAS, THOMAS & HAFER EVAN BLACK, ESQ. (717) 237-7100 We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009,21 and 4009.22. Please fax this form to us immediately at (215) 531-5754 with your signature so that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely.; JANICE MCCAFFREY Note: See Attached List of Locations Counsel: DICKIE, MCCAMEY & CHILCOTE, P.C. THOMAS M. CHAIRS, ESQ. Fax: (888') - I agree to waive waiting period ate: ?S k? Copies: Yes No I agree p y the invoice provided with the documents Review Documents: Yes No Advise of Cost I do not agree to waive rule: Billing Info: Date: RMn - 10123-CO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NGOC-LOAN T. VO, ET AL -VS- CHARLES P. KINGSLEY, MD, WEST SHORE ANESTHESIA ASSOCIATES & HOLY SPIRIT HOSP COURT OF COMMON PLEAS TERM, CASE NO: 09-7673 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HLTH MED & SURG ASSOC MEDICAL RECORDS & BILLING DR. COLIN MYERS MEDICAL RECORDS & BILLING SOLLENBERGER COLON/RECTAL SURG MEDICAL RECORDS & BILLING QUANTUM IMAGING & THERAPEUTIC MEDICAL RECORDS & BILLING DR. TUONG BUI MEDICAL RECORDS & BILLING TO: RICHARD A. SADLOCK, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/12/2012 CC: EVAN BLACK, ESQ. - 355-91835 RICHARD A. SADLOCK, ESQ. ANGINO & ROVNER 4503 NORTH FRONT STREET MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17110 MCS # 10123-COI DE02 COMMONWEALTH OF PENNSYLVANI COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL VS. CHARLES P. KINGSLEY, MD, WEST SHORE File No. 09-7673 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HLTH MED & SURG ASSOC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market Street Suite 800,Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N FRONT STREET PO BOX 999 HARRISBURG, PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 19 2012 Date: 117 ba Seal of the Court BY THE RT. ry/ rk, Ci it Division Deputy 101 ?'I-OA EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE FILTH MED & SURG ASSOC 810 SIR THOMAS COURT STE 101 HARRISBURG, PA 17109 RE : MCS ## 10123 - L06 QUAN T. TRAN 1310 112 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-2591 Date of Birth: 06-12-1941 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored -in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-L06 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NGOC-LOAN T. VO, ET AL _VS_ CHARLES P. KINGSLEY, MD, WEST SHORE COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-7673 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A. copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/12/2012 MCS on behalf of /S/_ eivan g/ach, ej?i. EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 10123-L07 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL VS. File No. 09-7673 CHARLES P. KINGSLEY, MD, WEST SHORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. COLIN MYERS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group Inc 1601 Market street, Suite 800- Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N FRONT STREET PO BOX 999 -HARRISBURG, PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JAN 19 2012 Date: / // 7 Seal of the Court Deputy )n 10123-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. COLIN MYERS 6375 MERCURY DRIVE STE 200 MECHANICSBURG, PA 17050 RE: MCS # 10123-L07 QUAN T. TRAN 1310 112 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-2591 Date of Birth: 06-12-1941 Entire med-ical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-L07 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NGOC-LOAN T. VO, ET AL _VS_ CHARLES P. KINGSLEY, MD, WEST SHORE COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-7673 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/12/2012 MCS on behalf of /S/ evan g/ach, 61. EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 10123-L08 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL vs. CHARLES P. KINGSLEY, MD, WEST SHORE File No. 09-7673 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SOLLENBERGER COLON/RECTAL SURG (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc.. 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY JAN 19 2012 otary/Cl k, Civil Division Deputy Date: //-z 2 & Seal of the Court 10123-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SOLLENBERGER COLON/RECTAL SURG 1511 N. FRONT STREET HARRISBURG, PA 17102 RE: MCS # 10123-L08 QUAN T. TRAN 1310 112 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-2591 Date of Birth: 06-12-1941 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-L08 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NGOC-LOAN T. V0, ET AL -VS- CHARLES P. KINGSLEY, MD, WEST SHORE COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-7673 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/12./2012 MCS on behalf of /s/ evan O2fach, 6i. EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 10123-L09 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL vs. CHARLES P. KINGSLEY, MD, WEST SHORE File No. 09-7673 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTUM IMAGING & THERAPEUTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc.. 1601 Market Street, Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant cm - JA 19 012 Date: 1 Seal of the Court 10123-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING & THERAPEUTIC 629 LOWTHER RD STE.D LEWISBERRY, PA 17339 RE: MCS # 10123-L09 QUAN T. TRAN 1310 112 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-2591 Date of Birth: 06-12-1941 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored -in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-L09 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: NGOC-LOAN T. VO, ET AL -VS- CHARLES P. KINGSLEY, MD, WEST SHORE COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-7673 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/12/2012 MCS on behalf of /s/ evan 12 ach, esg. EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 10123-L10 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL vs. CHARLES P. KINGSLEY, MD, WEST SHORE File No. 09-7673 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. TUONG BUI (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street, site 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N FRONT STREET PO BOX 999 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BYrT4-,WOURT: Civil Division 11 ,012 Deputy Date: --_-1 Seal of the Court 10123-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. TUONG BUI 2310 PATTON RD HARRISBURG, PA 17112 RE: MCS # 10123-L10 QUAN T. TRAN 1310 112 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-2591 Date of Birth: 06-12-1941 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored -in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-L10 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: NGOC-LOAN T. VO, ET AL _VS_ CHARLES P. KINGSLEY, MD, WEST SHORE TERM, CUMBERLAND CASE NO: 09-7673 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/27/2012 PURSUANT TO RULE 4009.22 R Qjq/azr'°1SERL," D COU ' NISYLYANIA COURT OF COMMON PLEAS MCS on eh f of EVAN BLA K, ESQ. Attorney for DEFENDANT MCS # 10123-L11 DE12 Lehman, Misty (412)392-5367 Page 2 ROM 1601 MARKET STREET, #800, PHILADELPHIA, FA 19103 Phone: (215)246-0900 Fax: 215-531-5754 URGENT! !!! URGENT!!!! URGENT!1 February 27, 2012 QUAN T. TRAN 1310 1/2 BRANDT AVENUE NGOC-LOAN T. VO, ET AL Vs CHARLES P. KINGSLEY, MD, WEST SHORE ANESTHESIA ASSOCIATES & HOLY SPIRIT HOSP THOMAS, THOMAS & HAFER EVAN BLACK, ESQ. (717)237-7100 We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22. Please fax this form to us immediately at 215-531-5754 with your signature so that we may comply with this request. Your cooperation would be greatly appreciated- i .A f Sincerely, U? Janice McCaffrey JMcCaffrey@themcsgroup.com Counsel: DICKIE, MCCAMEY & CHILCOTE, P. THOMAS M. CHAIRS, ESQ. Fax: (8 88)811-7144 il>> Email: cAt 4 C/ t I agree to waive w period aiting pa e: Copies: Yes y No l? I pay the invoice provided with the documents agr Review Documents: Yes No Advise of Cost YESINO Scan/Upload I do not agree to waive rule: Billing Info: - - Handling Paralegal Date. RRW1 - MCS # 10123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: NGOC-LOAN T. VO, ET AL -VS- CHARLES P. KINGSLEY, MD, WEST SHORE ANESTHESIA ASSOCIATES & HOLY SPIRIT HOSP COURT OF COMMON PLEAS TERM, CASE NO: 09-7673 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 YORK HOSPITAL MEDICAL RECORDS TO: RICHARD A. SADLOCK, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/27/2012 CC: EVAN BLACK, ESQ. - 355-91835 RICHARD A. SADLOCK, ESQ. ANGINO & ROVNER 4503 NORTH FRONT STREET HARRISBURG, PA 17110 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 10123-COI DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NGOC-LOAN T. VO, ET AL VS. File No. 09-7673 CHARLES P. KINGSLEY, MD, WEST SHORE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc,, 1601 Market Street cite 800,Philadelphia- PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG. PA 17101 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: P??Iv012 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 10123-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSPITAL MEDICAL RECORDS 1001 S. GEORGE ST. YORK, PA 17403 RE: MCS # 10123-Lll QUAN T. TRAM 1310 1/2 BRANDT AVENUE NEW CUMBERLAND, PA 17070 Social Security #: 159-74-2591. Date of Birth: 06-12-1941 Please provide the entire hospital medical file from 06-12-1941 to the present, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 10123-Lll SU10 3 NGOC-LOAN T. VO,Individually and as IN THE COURT OF COMMON PLEAS Administria of the ESTATE OF QUANG CUMBERLAND COUNTY, TAN TRAN, Deceased, PENNSYLVANIA Plaintiff NO. 09-767') V. CIVIL ACTION–LAW CHARLES P. KINGSLEY,M.D.,WEST JURY TRIAL DEMANDED -n SHORE ANESTHESIA ASSOCIATES,LTD.,: 12 JURORS AND ALTERNATES 21 m �', rn and HOLY SPIRIT HEALTH SYSTEM — =� t/d/b/a HOLY SPIRIT HOSPITAL, r R Defendants ?C:) C-11 i`-1 ORDER AND NOW,thise�f�ay of/17,4A XC4 2013, upon consideration of the Motion of Charles P. Kingsley, M.D. and West Shore Anesthesia Associates, LTD,to seal the settlement proceedings and any response thereto, it is hereby ORDERED and DECREED that the settlement of the above matter and the details thereof are hereby placed under seal. By copy of this ORDER to the Cumberland County Prothonotary, she is directed to place these matters under seal and that no details of the settlement of this matter shall not be released without prior approval of this Court. J. IY 1 QS /rL:tt P44ylo , , IL