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HomeMy WebLinkAbout09-8078IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PATRICK J. MOLLE 901 Hillside Drive Case No. Civil Term Carlisle, PA 17013 Plaintiff VS. SCOTT D. MUELLER, M.D. 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 and MUELLER FAMILY PRACTICE 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 Defendants Civil Action JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Sheriff. LEISAWI L ER MOWIT H PHILLIPS, PP. CC. Date: 1 By: Jo n J. Spe her, squire Attorney I.D. 75 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 WRIT OF SUMMONS TO: Scott D. Mueller, M.D. and Mueller Family Practice YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. r thonotary/Clerk, Civil Division T Date: ?Ocua :Z6 SEAL Deputy #241915 RLED-OFICE OF T!-IE P 0- `'-a,NIOTARY 2009 NOV 20 PM !2:59 U MD C?<<J :' w C- p7.1 "'Via!?. .ttl ?1,?NHS4 i_. I-%A!. 't 70. -?, o ?,: aaa4v? R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~, ,~.. :. ~ -L :,, Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor . 4~,ti~,, ai +~:a~,ut,r~,~~ c. G~1i' _ °b-~r ,~~ - Patrick J. Molle Case Number vs. 2009-8078 Scott D. Mueller, MD SHERIFF'S RETURN OF SERVICE 11/24/2009 12:56 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2009 at 1256 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Scott D. Mueller MD, by making known unto himself personally, at 2025 Technology Parkway Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/24/2009 12:56 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2009 at 1256 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Mueller Family Practice, by making known unto Scott Mueller, Physician at 2025 Technology Parkway Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 November 25, 2009 SO ANSWERS, R THOMAS/KLI~IE, SHERIFF BY (c) Gcu:^';5'.~it~ She, `f. 'I eleosoft. I~.?c. PATRICK J. MOLLE, Plaintiff v. SCOTT D. MUELLER, M.D., and MUELLER FAMILY PRACTICE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-8078 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE OLER and EBERT, JJ. ORDER OF COURT ("~ (_- N ~ ~..~ a r~ -~ csa .~ r- ~a ~ ~ ~~. m 1. ~r ~> ,_. ~; ..~ _ . ~_ :J "~ ~ AND NOW, this 18`~ day of February, 2010, upon consideration of the Preliminary Objections of Defendants to Plaintiff's Complaint, and following oral argument on February 17, 2010, at which Defendants' counsel indicated that the preliminary objection in the form of a motion to strike Plaintiff's demand for "interest and cost of this suit" as an element of damages claimed was not being pursued by Defendants, it is ordered and directed as follows: 1. The language "including but not limited to" contained in Paragraph 71 of Plaintiff s Complaint is stricken; 2. Paragraph 71G of Plaintiff's Complaint is stricken; 3. The language "but not limited to" contained in Paragraph 80 of Plaintiff's Complaint is stricken; 4. Defendants' preliminary objections are otherwise denied, without prejudice to the right of Defendants to raise the issue of punitive damages at a later stage of the proceedings upon a more developed record. BY THE COUI~~', 'l1 y ~~ esley , Jr., J. ,,. ohn J. Speicher, Esq. Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 Attorney for Plaintiff eigh A.J. Ellis, Esq. Cindy N. Ellis, Esq. Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 Attorneys for Defendants ~ .~ ~~~5 ~,.~. ~ L~C~ ~.~~ 4 f ~o ~1 .~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPO~Pif~y'' ~" ::,, ~ r~~~~~~ PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE SCOTT D. MUELLER, MD. -VS- 2~i0.!',~t~ 30 ~'~- ~~ ~ CO ~~0~' COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/19/2010 MCS on behalf of /S _ LEIGH .J. ELLIS, ESQ, v Attorney for DEFENDANT ~(l~Zl(ZDI~ R1.95S 144-H DE11-1095252 09927-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CASE NO: 09-8078 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROXBURY TREATMENT CENTER MEDICAL RECORDS PHILHAVEN MEDICAL RECORDS GOOD DAY PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS TO: JOHN J. SPEICHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH A.J. ELLIS, 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: 04/27/2010 MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT CC: LEIGH A.J. ELLIS, ESQ. - 3687 JOHN J. SPEICHER, ESQ. LEISAWITZ, HEELER, ET AL 2755 CENTURY BLVD. WYOMISSING, PA 19610 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.955 144-H DE02-0652635 09927-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROXBURY TREATMENT CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800_ Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LEIGH A.J. ELLIS. ESO. ADDRESS: 2010 MARKET STRF_.ET CAMP HILL PA 17011 TELEPHONE: (~ 15) 246-0900 SUPREME COURT )D #: ATTORNEY FOR: t?efendant Y THE COURT: of onotary/Clerk, Civil Division ~Y 1 9 2~~~ Deputy Date: ~f fo~lO Seal of the Court 0992?-OS EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: ROXBURY TREATMENT CENTER 601 ROXBURY ROAD SHIPPENSBURG, PA 17257 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject PATRICK MOLLS 901 HILLSIDE DR., CARLISLE, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 R2.31 120-H SU10-0841234 09927-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/19/2010 R1.95S 144-H MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT DE11-1095254 09927-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHILHAVEN (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 RiDF.R at The MCS (iroap Inc 1601 M rket treel, SLite 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 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: LEIGH A.J. ELLIS. ESO. ADDRESS: 2010 MA KF.T T F. T CAMP HIhL.~ PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B COURT: P tary/Cler Civil Division MAY 19 201D Deputy Date: y o~10//0 Seal of the Court 09927-06 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: PHILHAVEN 283 S. BUTLER RD. P.O. BOX 550 MT. GRETNA, PA 17064 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to aad including the preseat. Subject PATRICK MOLLB 901 HILLSIDE DR., CARLISLE, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 R2.31 120-H SU10-0841236 09927-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/19/2010 MCS on behalf of I s ~ °C e ~-~i ~ ~f. ~~lca ~ac~._ LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R1.95S 144-H D811-1095258 09927-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD File No, 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GOOD DAY PHARMACY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTAC D iDFR **** at The M 4 rrot,lp~ Inc 1601 M rke tr ~i P 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 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: LEIGH A.J. ELLIS. ESO ADDRESS: 2010 ARKFT T F T CAMP HIL.L.~ PA 17011 TELEPHONE: 1 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Proth notary/Cl k, Civil Division MAY 19 2010 Deputy Date: N Flo/% Seal of the Court 09927-07 . EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: GOOD DAY PHARMACY 2025 TECHNOLOGY PARKWAY MECHANICSBURG, PA 17050 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates-Requested: up to and including the present. Subject PATRICK MOLLS 901 HILLSIDS DR., CARLISLS, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 R2.31 120-H SU10-0841238 09927-L07 SUSQUEHANNA BANK, Plaintiff v. INSITE DEVELOPMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 CIVIL ACTION -LAW CITIZENS BANK OF PENNSYLVANIA, • s ~ c~ O cam.. ~ --+ Garnishee , :_'-. ` r .:~ _ ~ :r c a ~ c~' ~ ~ _,; , .,,a ~~"~ PRAECIPE ~ ~' ` -t TO THE PROTHONOTARY: ~. L ~ '`.] .:"'. ; - c~ --c Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of Citizens Bank of Pennsylvania as Garnishee in the above captioned matter. POWELL LAW, PC Date: June 30, 2010 By yrone A. well ey I.D. No. 83648 Powell Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank ~. ~v ~ _~~ ~-~ is 33 ~` ~~~~G ~ SUSQUEHANNA BANK, Plaintiff INSITE DEVELOPMENT, LLC, Defendant INTEGRITY BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 v. :CIVIL ACTION -LAW v. Garnishee P_ TO THE PROTHONOTARY: ~ ~ ;~ tom, ~, -~, mot! ~ ~ n-:,.,~ c: r,i~ ^ t• ~:~. =e ~' Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of Integrity Bank as Garnishee in the above captioned matter. Date: June 30, 2010 POWELL LAW, PC ;. _._..--.~.~.r,-_.... Tyrone . P we orney I.D. No. 83648 Powell Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank g.00 ~ -~ ~~ia33 ~ a s~y~G ~ SUSQUEHANNA BANK, Plaintiff v. INSITE DEVELOPMENT, LLC, Defendant v. M&T BANK, Garnishee TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 • C7 Nv :: CIVIL ACTION -LAW PRAECIPE ~ -- 0 ~, ....~ Ri*-1 ~ ~ll~ ~ , _~ f"~ L_ ~ . _ ,-"r, - - - , _ ,~ . ~ s ` ~., c4i ~ ~' . Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of M&T Bank as Garnishee in the above captioned matter. POWELL LAW, PC Date: June 30, 2010 Bye--~~ "Tyrone A. Po ell PA Atto y I.D. No. 83648 Powe Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank ~.ooa .~ ~k~ ia3~ ~ ay~y~ ~ SUSQUEHANNA BANK, Plaintiff v. INSITE DEVELOPMENT, LLC, Defendant v. MEMBERS 1sT, Garnishee TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 ~ ~ m CIVIL ACTION -LAW E~~ ~' = o •Y' N • ~ ~ ~ ~ . PRAECIPE Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of Members 1 Sc as Garnishee in the above captioned matter. Date: June 30, 2010 POWELL LAW, PC c__~-~_ _ ,--~ yrone A. P w~° A ey I.D. No. 83648 Powell Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank ~.Dd,~.~ /,~~ /X33 ~ ~~Y~6~ SUSQUEHANNA BANK, Plaintiff v. INSITE DEVELOPMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 CIVIL ACTION -LAW v. METRO BANK, Garnishee TO THE PROTHONOTARY: PRAECIPE C'J o ;`; c ~ ~, -~„ .. -v c:c- ~ 1'Y T't ~ -• C ~l T - ~ ~ ' ~ T~ _ ~ ~,' ~.?' ~,~ :~~ C 1 ' ``~- ;A iV { Ti .a @ ° c . ~ c~c ~ Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of Metro Bank as Garnishee in the above captioned matter. Date: June 30, 2010 POWELL LAW, PC By ~~~'~ . Tyrone A. Po `~P'-A-~4ttor'ney I.D. No. 83648 Powell Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank ~.DD~d -~ ~~F /a33 ~`a~~~a ~ SUSQUEHANNA BANK, Plaintiff v. INSITE DEVELOPMENT, LLC, Defendant v. MID PENN BANK, Garnishee TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8210 • N :CIVIL ACTION -LAW PRAECIPE O 0 ~~ mr. ~ ~ ~ sii . '~ ~ ~ ~ p ` w ~ 4, i ~ ' ~ ~7~ ,.. 1> -° _ ~~~' ~~:= ~: ~~ ~ i a , ~ r~ ti ~ c. cx~ Please dissolve the attachment of Defendant, Insite Development, LLC's property in the possession of Mid Penn Bank as Garnishee in the above captioned matter. POWELL LAW, PC Date: June 30, 2010 By PA Atto `ey I.D. No. 83648 owe Law, PC 301 Market Street Suite 403 Harrisburg, PA 17101-2219 (717) 230-8855 (Direct Fax) (717) 236-6666 (Phone) typow@comcast.net Attorneys for Plaintiff, Susquehanna Bank Q.ODPd -a.~ ~ ~ /a3~ CERTIFICATE IN THE MATTER OF: PATRICK MOLLE PREREQUISITE TO SERVICE OF A SUBPOENA -VS- SCOTT D. MUELLER, MD. PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 -,., t Y ,.lttiU 1.JUCi _ r ` .e.... _.. J .1 MCS on behalf of /s/ o('e?Y4 _'4j elliez 61j. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295252 09927-L08 NOV-08-2010 16:53 LEISAWITZ HELLER 6103728671 P.002 C8 1601 Market Street, Suite 880, Philadelphia Pennsylvania 19103 (215) 246 -0900 Tax Number 1215) 531 -5754 !M ! DI!!! nimmor !!!!! 10/25/2010 8AMUCK MOLLS PATRrCX MOLLS Vs SCOTT 0. MUELLER, M. FOULKROD 4 ELISE LEIGH A.J. ELLSS, ESQ. (717) 909-7006 me.,bave been requested by the above-mentioned counsel to obtain material. on an expedited basis from the below listed custodians. rn 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 Ymr gJAwmomma so that we may comply with this rogtwst . .. . Your cooperation would be greatly appreciated. P» sincerely, Counsel: JOHN J. SPEICHER, ESQ. Fax, 14) 67 ` I agree to waive waiting peri? Date: ; , Copies: Yes N104 I agree pay the invoice provided with the documents Review Documents: Yes ' No Advise of Cost r 0o not agree to waive rule: Date: Billing Ingo: slurs - 09927-C01 TOTAL P.002 JANZCE MCCAFFREY IOU Note:-See Attached List of Locations COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CASE NO: 09-8078 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKKNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: JOHN J. SPEICHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT CC: LEIGH A.J. ELLIS, ESQ. - 3687 THE MCS GROUP INC. JOHN J. SPEICHER, ESQ. 1601 MARKET STREET LEISAWITZ, HELLER, ET AL #800 2755 CENTURY BLVD PHILADELPHIA, PA 19103 (215) 246-0900 WYOMISSING, PA 19610 R2.33 116-H DE02-0723892 09927-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED PHELPS ACADEMY CENTER SCHOLASTIC CARLISLE AREA HIGH SCHOOL SCHOLASTIC HIDDEN LAKE ACADEMY SCHOLASTIC OUTWARD BOUND RECORDS ACCENT RECORDS HARRISBURG AREA COMM. COLLEGE SCHOLASTIC QUEST DIAGNOSTICS RECORDS CARLISLE DIGESTIVE ASSOCIATES RECORDS WALNUT BOTTOM RADIOLOGY RECORDS WESTERN BERKS PHYSICAL THERAPY RECORDS CARON RENAISSANCE RECORDS READING HOSPITAL & MED. CENTER MEDICAL HOSPITAL APPALACHIAN ORTHOPEDIC CENTER RECORDS API INVESTIGATIONS,INC RECORDS DELRAY PHYSICIAN CARE CENTER. RECORDS ALEXANDER SPRING EMERGENCY PHY RECORDS SUNLIGHT RECOVERY,LLC RECORDS ANY LAB TEST NOW RECORDS DR. JOHN M. PAVIOL RECORDS R2.33 116-H DE02-0723692 09927-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40©912 TO: Custodian of Records for PHELPS ACADEMY CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS QMMM. Inc., 1601 Market Street Suite 500, Phila&1pbia, PA 19103 You +: deliver or trail -legible copies of the documents or produce things requested by this subpoena, together with the eecate of compliance, to the party malting this request at the address listed above. You have the right to seen, 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: LEIGH A.J. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY OURT: notary/C1 Civil Division N(N 0 9 2010 - Deputy Date: 11bill-Q Seal of the Court 09927-08 EXPLANATION OF REQUIRED RECORDS TO:CUSTODIAN OF RECORDS FOR: PHELPS ACADEMY CENTER - "PHILLIPS, EXTER ACADEMY "20 MAIN STREET EXETER, NH 03833 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals $100.00 for all other providers. :Rntire.scholastic file, including but not limited to files, memoranda, correspondence, notes, records relating to attendance, student history and/or transfers, grades, merits, awards, disciplinary, medical/physicals, including any and all such items as may be stored in a computer database or otherwise in :A? ronic,form, pertaining to: Dates Requesteds up to and including the present. Subject s P.AMICK NOLLE 901 HILLSIDE DR., CARLISLE, PA 17013 Social Security 0s XXX-XX-5213 Date of Birth: 02-28-1981 2.33 116-H SU10-0871596 09927-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE SCOTT D. MUELLER, As a prerequisite to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 09-8078 MD. to service of a subpoena for documents and things pursuant MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) 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: 10/25/2010 MCS on behalf of /S/ ?'ei'24 -1w & ? LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295255 09927-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 094078 TO: Custodian of Records for. CARLISLE AREA HIGH SCHOOL (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: * * * * SE ATTACHED RE DER * * * * at The MCS Cg=- c..1601 Market Street, Suite 900 hia 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, met, 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: LEIGH Al. E LIS. EEO. ADDRESS: 2010 MARKET STREET CAMP I ML PA 17011 TELEPHONE: (21S) 2464MM SUPREME COURT ID #: ATTORNEY FOR Defendant BY THE COUR Prothono eric, Civi Division NOV 0 9 2010 Deputy Date: it 11/10 Seal of the Court 09927-09 EXPLANATION OF REQUIRED RECORDS TO:.CUSTODIAN OF RECORDS FOR: 'CARLISLE AREA HIGH SCHOOL 623 WEST PENN ST .,.,CARLISLE., PA 17013 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire scholastic file, including but not limited to files, memoranda, correspondence, notes, records relating to attendance, student history and/or transfers, grades, merits, awards, disciplinary, medical /physicals, including any and all such items as may be stored in a computer database or otherwise in -'electrvnic.form, pertaining to: Domes Requ"teds up to and including the present. Subject s PA RICK MOLLS 901 HILLSIDE DR., CARLISLE, PA 17013 Soei,al Security #s XZZ-XX-5213 Date of nirth2 02-29-1951 2.33 1167Ii sU10-0871598 09927-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 /S/ &GG4.?J ellij en. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295258 09927-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. File No. 09-8078 SCOTT D. MUELLER, MD. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4099.22 TO: Custodian of Records for HIDDEN L KF. ACADEMY (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 .fg=- ln5__ 1601 Madcet . tMM Suite 800, Philade hia PA 19103 'You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with-the certficate 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: LEIGH A.T. MUS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL_ PA 17011 TELEPHONE: (215) 24640900 SUPREME COURT ID #: ATTORNEY FOR: Defendant N011 0 9 2010 Date: Seal of the Court BY C T: Progiii-Aki/Clerif Civil Division Deputy 09927-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: !HIDDEN `LAKE ACADEMY AKA RIDGE CREEK SCHOOL 830 HIDDEN LAKE ROAD 'OANLONEGA. GA 30533 RE:.:. 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. .Entire scholastic file, including but not limited to files, memoranda, correspondence, notes, records relating to attendance, student history and/or !:transfers, grades, merits, awards, disciplinary, medical/physicals, including .any and all such. items as may be stored in a computer database or otherwise in e?ectromic.form, pertaining to. Dates.Reques:teds up to and including the present. 8sbject : PATRICK MOLLS 901 BILLSIDS DR., CARLISLE, PA 17013 a` Social Security #: XXX-ZE-5213 Date of Birth: 02-28-1981 BUIO-0871600 09927-LIO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/_ 'XO?94 _'4j C&421 LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295261 09927 -L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 094078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for O J TW RD BOUND _(Name (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: **** ATTACHED RIDER**** at The MCs C=" Inc.. 1601 Market street, Suite, Philade]WIL PA 19103 you-my A or, le le.copies of the documents or produce things requested by this subpoena, together With *e? d Ge of , to. the party making this request at the address listed above. You have the right to s®ek,. in advance, the masomMe 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: LEIGH Al. EI.LIS, ESO. ADDRESS: 2010 MARKET . JEET CAMP HILLS PA 17011 TELEPHONE: (215) 24641900 SUPREME COURT ID #: ATTORNEY FOR. Defendant ICY 0 9 2010 Date: /it/loo Seal of the Court BY THE COURT: r-), ? a /PmAWA6y_/C1c?k Civil Division 09927-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: OUTWARD BOUND O W. SEDGELEY DRIVE EAST FAIRMOUNT PARK v:RHILADELPHIA. PA 19130 RE 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAING TO SUBJECT Dames Se9piested: up to and including the present. . $uta j?ns?t : ? 8? 901 HILLSIDE DR., CARLISLE, BA 17013 Social Security #: XZX-ZE-5213 p' Date of Births 02-28-1981 2:33 11 6-FI SB10-0871602 09927-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ "'n/ei4 J.J. el i-4, LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H D912-0295264 09927-L12 COMMONWEALTH OF PEMYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-9078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ACCENT (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 MQ Q= Inc.. 1601 Market Street, Suite 80.0, philadelphilL PA 19103 You may deliver or mail logible 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: LEIGH AJ. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CA IMLy PA 17011 TELEPHONE: 1215) 24641900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY URT: b /Cl Civil Division NOV 0 9 20fQ Deputy Date: Seal of the court 09927-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: :MCENT. 870 MARKET STREET m SUITE 1026 ` SAWTRANCISCO. CA 94102 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for iba-pitai s, $100.00 for all other providers. ..ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Read: up to and including the present. Subj ec t : -OK PWRZ KOWA 901 SILLSI-DE DR., CARLISLS, PA 17013 Social Security S: XZZ-XX-5213 Date of Birth: 02-29-1981 SU10-0871604 09927-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 / S / . c 'Pe ?q 4 J. J. e'llij, LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295267 09927-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG AREA COMM, COLLEGE (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 Ile.MCS Grntlp_ Inc._ 1601 Madret Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail, by" copies of the documents or produce things requested by this subpoena, together with the certifi+c of complimm, to the party making this request at the address listed above. You have the right to seek, in advance, the reasemable 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: LEIGH A.J. ELLIS, ESQ. ADDRESS: 2010 MARKET STREET CAMP HILLY PA 17011 TELEPHONE: (215) 24640900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 9 2010 Date: Seal of the Court BY It ll /Clerk, ivil Division Deputy 09927-13 EXPLANATION OF REQUIRED RECORDS CUSTODIAN OF RECORDS FOR: 'HARRISBURG AREA COMM. COLLEGE ONE HACC DRIVE HARRISBURG. PA 17110 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for isospitals, $100.00 for all other providers. Eintire scholastic file, including but not limited to files, memioranft-;' correspondence, notes, records relating to attendance, student history and/or Czansfers, grades, merits, awards, disciplinary, medical/physicals, including .:a4y,and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates:Reqpaeoted: up to and including the present. Subject : P CX MOLLE 901 BILLSIDB DR., CARLISLE, PA 17013 Social Security #: XZX-XX-5213 Date of Birth: 02-28-1981 2.33 116-8. SU10-0871606 09927-L13 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ eij4 Jj ellij, LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295270 09927-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for OUEST DIAGNOSTICS (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 CaM. Inc.. 160.1 - Midget Street Suite 800 P it d lphia. PA 19103 You may deliver or mail -lele copies of the documents or produce things requested by this subpoena, together with the cerdficate 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: LEIGH A.J. ELLIS, ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (2 IS) 2464)900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 9 2010 Date: fAl bo Seal of the Court BY THE O T: Protho lerk, C '1 Division Deputy 09927-14 EXPLANATION OF MUIRED RECORDS TO:'CUSTODIAN OF RECORDS FOR: :QUEST DIAGNOSTICS 850 WALNUT BOTTOM ROAD CARLISLE. PA 17013 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. Subject : P IC MOLLS 9+01 HILLSIDE DR., CARLISLE, PA 17013 Social Security 8z XZX-EZ-5213 fate of Birth: 02-28-1981 SU10-0871608 09927-L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ ?'P_O?Y4 J.j. el&2 LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295273 09927-L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE File No. 094078 VS. SCOTT D. MUELLER, MD. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for C Ri ICI F DI C ATES (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 Qg= Inc.. 1601 Market Street, Suite 800, P it delphi& PA 19103 You ay deliver or n i,l i copies of the documents or produce things requested by this subpoena, together with the cer#if cafe of ce , 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: LEIGH A.J. EL IS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Deftendant NOV092MR Date: 11 h //0 Seal of the Court Deputy )n 09927-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: Rt°ISLE DIGESTIVE ASSOCIATES 241 ALEXANDER SPRING ROAD -i-LARLISLE, PA 17013 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. Subject z PATRICK MOLLS 901 HILLSIDS DR., CARLISLE, PA 17013 86dial Security #: XXX-XX-5213 Date of Birth: 02-28-1981 2.33 116-H SU10-0871610 09927-L15 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) 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: 10/25/2010 MCS on behalf of /S/ oCeic?h J.J. el&' 64. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295276 09927-L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4089.22 TO: Custodian of Records for W LNUT BOTTOM RADIOLOGY (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 1?+1CS G=p„Inc , 1601 Market Street, Suite 1100, hila"Vbig, PA 19103 you any ae r or n =4 le copies of the documents or produce things requested by this subpoena, together with: *e cet i€ a of co> l sce, to the party making this request at the address listed above. You have the right to soak, 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: LEIGH AJ. ELLIS= ESQ. ADDRESS: 2010 MARKET STREET CAW HILL, PA 12011 2 L?1246-0900 TELEPHONE: -( SUPREME COURT ID #: ATTORNEY FOR: Defendant M)V 0 9 2010 Date: Seal of the Court BY T: Proth le ii, ivil Division Deputy 09927-16 EXPLANATION OF REQUIRED RECORDS . T0: CUSTODIAN OF RECORDS FOR: ,::WALNUT BOTTOM RADIOLOGY .850 WALNUT BOTTOM ROAD 'CARLISLE, PA 17013 RE: 9927 OATRICK`MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. Subject : P=,RxcX moLL$ 901 HILLSIDE DR., CARLISLE, PA 17013 ?' SoiYial Security S: XXX-XX-5213 Date of Birth: 02-28-1981 OU10-0871612 09927-L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) 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: 10/25/2010 MCS on behalf of /S/ P_O?Y4 Jj ellid, e3j. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295279 09927-L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WESTERN B .RK. PHYSICAL 111ERAPY (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 CmW. Inc-, 1601 Market Street, Suite 900, Phil lphi , PA 19103 You> r$r.or rnuii=Iogible copies of the documents or produce things requested by this subpoena, together withAg-cane of compliance, to the party making this request at the address listed above. You have the right to soak, iwad ee, 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: LEIGH A.J. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET _CAW HILL, PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 9 2010 Date: 11 h/1 //0 Seal of the Court BY COURT: Prothon /Cl Civil Division Deputy 09927-17 EXPLANATION OF REQUIRED RECORDS TU: CUSTODIAN OF RECORDS FOR: `:IESTERN.BERKS PHYSICAL THERAPY 1011 WEST PENN AVE ROBESONIA, PA 19551 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. "ANY' AND` ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. -Subject : VXWRICE MOLLS 9'01 HILLSIDE DR., CARLISLE, PA 17013 Social Security #s XXX-XX-5213 Date of Births 02-28-1981 stns-0871614 09927-L17 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 /S/ oXejc4 J. j. el i3, e4q. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295282 09927-L18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ CARON RENAISSANCE (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 C= W Inc._ 1601 Market Street, Suite 900. P it a hi PA 19103 You=may.deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the eecczate 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: LEIGH A.J. ELLIS. ESO. ADDRESS: 2010 MARKET STREET CAMP HILL PA 17011 TELEPHONE: (215) 24640900 SUPREME COURT ID #: ATTORNEY FOR: Defendant illy' 9? ?o Date: yA/ho Seal of the Court BY COURT: Protho /Cl Civil Division Deputy 09927-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: G ;RQN RENAISSANCE 7''89:. NW' BEACON SQUARE BLV BOCA RATON, FL 33487 RE 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. AP1Y'AND ALL RECORDS PERTAINING TO SUBJECT Dotes Requested: up to and including the present. 'subject : Pwmcx moLL8 901 BILLSWE DR., CARLISLE, PA 17013 `' ' :'8;oa al Security 8s XXX-EZ-5213 r,JJDate of Births 02-28-1981 t , rl: 7u. # . SU10-0871736 09927-L18 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 /S/ oCeigh J .j. ellil LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295286 09927-L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR TIHNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for READING HOSPrr I. & MED- (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 C.=_ ne._ 1601 Market Scree ; cite 800, Philad lp ia. PA 19103 You-may deliver or mail legible copies of the documents or produce things requested by this subpoena, together withthe 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: LEIGH A.J. ELLIS_ ESQ. ADDRESS: 2010 MARKET STREET CA_M_P HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ITV 0 9 2010 Date: 117h //0 Seal of the Court BY :n. Pro /Clerk, ivil Division Deputy 09927-19 EXPLANATION OF REQUIRED RECORDS :TO: CUSTODIAN OF RECORDS FOR: READING HOSPITAL & MED. CENTER MEDICAL RECORDS 1.1-601 SPRUCE STREET WEST READING. PA 19612 RE 9927 RATRICK MOLLE Prior approval is required for fees in excess of $150.00 for -hospitals, $100.00 for all other providers. 'ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. Subject : P&gWCE MOLLS 901"BILLSIDS DR., CARLISLE, PA 17013 Social Security Ss 143-72-5213 Date of Births 02-28-1981 SUIO-0871618 09927-L19 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE _VS_ SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) 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: 10/25/2010 MCS on behalf of /S/ :,e?g4 J j e'llid, e LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295289 09927-L20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. d9-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: . Custodian of Records for APPALACHIAN ORTHOPEDIC CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RMER **** at The MCS C._r+ntjp_ Inc._ 1601 M dg .t Street, Suite 800- P it delnhia, PA 19103 You., "ver or mail legible copies of the documents or produce things requested by this subpoena, together with-the c atificate 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: LEIGH A.J. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL PA 17011 TELEPHONE: (215) 2464)900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY URT: Prothonotary/Clerk, Civil Division NOV 0 `) 11''4n Deputy I/ /I 11b Date: Seal of the Court 09927-20 EXPLANATION OF REQUIRED RECORDS .TO: CUSTODIAN OF RECORDS FOR: APPALACHIAN ORTHOPEDIC CENTER 1',,l DUMMY DRIVE "CARLISLE, PA 17013 RE 9927 PATRICK OLLE Prior approval is required for fees in excess of $150.00 for haspita4ls, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT 2.33 116-H, 991,0-0871640 09927-L20 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ j. d. el&' ell. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295292 09927-L21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for API INVESTIGATIONS.INC (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 C=up. Inc,. 1601 Market Street Suite 800, P ilad lpWm, PA 19103 You, may deliver or mall lure 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: LEIGH Al. ELLIS. M. ADDRESS: 2010 MARKET STREET CAMP HILL_ PA 17011 TELEPHONE: (215) 24641900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 0 9 2010 Date: 11 l /0 Sear of the Court BY C Pro n /Clerk, JWon 09927-21 EXPLANATION OF REQUIRED RECORDS TO:: CUSTODIAN OF RECORDS FOR ?..<tiAPI INVESTIGATIONS,INC w .y.rP .O. BOX 129 MARYSVILLE PA 17053 RE: : 9927. PATRICK MOLLE #rior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. subject : PATRICK moLLB E.._ 9101 HILLSIDE DR., CARLISLE, PA 17013 ' Social Security #: X33-XX=5213 Date of Birth: 02-28-1981 SUIO-0871622 09927-L21 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ eig4 _'/Jj ellij, 64. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295295 09927-L22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for D .L AY PHYSICIAN CARE CENTER . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Grnu?n Inc., 160.1 Market Street, Wte 900, i1a&J9bi& PA 19103 You may deliver or mail. lele copies of the documents or produce things requested by this subpoena, together with dw awe of complianw, to the;party making this request at the address listed above. You have the right to seek, in advance, the reas®mble 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: LEIGH A.J. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HUI, PA 17011 TELEPHONE: (215) 24640400 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE Division NOV 0 9 )nin Deputy 11 /1 ]R) Date: Seal of the Court 09927-22 EXPLANATION OF REQUIRED RECORDS 40:: CUSTODIAN OF RECORDS FOR: DELRAY PHYSICIAN CARE CENTER. 22.80 W. ATLANTIC AVE DELRAY BEACH, FL 33445 k: 9927 PATRICK MOLLE P'iior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. Subject :,PATRICK M0L. LS 901 HILLSIDE DR., CARLISLE, PA 17013 Social Security S: EZZ-EZ-5213 Date of Birth: 02-28-1981 f Y SU10-0871624 09927-L22 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of / S / Xe iC, 4 --4. J. elli-4, e4g. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295298 09927-L23 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALEXANDER SPRING EMERCENCY PHY (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 CMM, Inc-- 1601 Mad get . kM Suite 900 Phila is PA 19103 You may deliver or mail-le le 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: _LEIGH A_j. ELLS. ESQ. ADDRESS: 2010 MARKET STREET CAMP H1IPA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Protho Clerk, jivil. Division OV 0 9 2010 h/10 Date: I+ Deputy Seal of the Court 09927-23 EXPLANATION OF REQUIRED RECORDS TO:, CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING EMERGENCY PHY 361 ALEXANDER SPRING RD , .'.CARL ISLE REGIONAL CARLISLE. PA 17015 RE: 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Reqmeoteds up to and including the present. Sakloot : lamas= 1[at f "l NVULSZDB DR., CARLISLE, PA 17013 Social Security #s Z=-ZZ-5213 Date of girths 02-28-1981 SU10-0871626 09927-L23 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS 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: 10/25/2010 MCS on behalf of /S/ Li44 elli3, e34. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295301 09927-L24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE File No. 09-8078 VS. SCOTT D. MUELLER, MD. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUNLIGHT RECOVERY,LLC (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 Q Inc.. 1601 Marko meet, Suite 800, Phil hi9 PA 19103 You may deliver or mall- lle copies of the documents or produce things requested by this subpoena, together with the cerffwate of coke, 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: LEIGH AJ. ELLIS. ESQ. ADDRESS: 2010 MARKET MEET CAMP HII L, PA 17011 TELEPHONE: _(215) 24640900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Protho Clerk, I ivil Division ITV 0 9 2010 Deputy Date: 11 / Ito 41 1 of the Court 09927-24 EXPLANATION OF REQUIRED RECORDS PTO: CUSTODIAN OF RECORDS FOR: Z, SUNLIGHT RECOYERY.LLC '505 S. FEDERAL HIGHWAY , ;-.SUITE 5 DEERFIELD, FL 33441 RE 9927 PATRICK MOLLE Prior apgroval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Danes Requested: up to and including the present. Sect : MMUM 103LL$. fir' 901 HILLSIDE DR., CARLISLE, PA 17013 'Social Security #: XXX-XX-5213 bate of Birth: 02-28-1981 . F` SU10-0871628 09927-L24 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of / S / "Ple! ? 4 J. J. elli.4' LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295304 09927-L25 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4409.22 TO: Custodian of Records for ANY LAB TEST NOW (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 Q=. Mg., 1601.Ma&d.Street, Suite 800, Philadelgbia, PA 19103 You may deliver or mail isle copies of the documents or produce things requested by this subpoena, together with the certificate of comae, 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: LEIGH Al. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (215) 2464)900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: NOV U 9 2010 Prothn dW/Clerk, Civil Division Deputy Date: 1 11D . / it Seal of the Court 09927-25 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANY LAB TEST'NOW :10945 STATE BRIDGE ROAD SUITE 401.ROOM 299 AtPH'RETTA. GA 30022 RE 9927 PATRICK MOLLE Prio?,..approval is required for fees in excess of $150.00 for Hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates imbeds up to and including the present. SsFat s P:i?'3t?ICK 1?LL8 v. 901 R LLSIDE Dot., CARLISLE, PA 17013 -Social security ?s MCI-XX-5213 Date of Births 02-28-1981 Fl .. SU10-0871630 09927-L25 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, 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: 10/25/2010 MCS on behalf of /S/ -4.. elli.4, x.41. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT R2.33 116-H DE12-0295306 09927-L26 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. JOHN M. PAVIOL (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: **** ,qRR ATTACHED RIDER **** at The MCS_ W=_ Inc.. 1601 Market Sk=L Suite 800, Philadelphia„ PA 19103 You may deliver or mail copies of the documents or produce things requested by this subpoena, together with the c"fiCate of co , 0 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: LEIGH A.J. ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: _(215) 24640900 SUPREME COURT ID #: ATTORNEY FOR. Defendant BY THE COURT: 2 _ Prothono Jerk, 'vil Division NOY o 9 2010 Deputy Date: // I/ & Seal of the Court 09927-26 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN M. PAVIOL 8 BROOKWOOD AVE ;.;;-CARL ISLE , PA 17015 RE 9927 PATRICK MOLLE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS PERTAINING TO SUBJECT Dates Requested: up to and including the present. sa?:J+eat : PMMXCR MOLLS 901 HILLSIDE DR., CARLISLE, PA 17013 social:Seaurity #: ZZZ-Zx-5213 Date. of Birth: 02-28-1981 s 12.33 1167H SU10-0871632 09927-L26 IN THE MATTER OF: PATRICK MOLLE SCOTT D. MUELLER, MD. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 0910*41 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 09-8078 t _, rte. t'i As a prerequisite to service of a subpoena for documents and thingsr wsu4pt 'n to Rule 4009.22 y} 7t, - Dr-- rn t,7 -??CD -n MCS on behalf of LEIGH A.J. ELLIS, ESQ.'S certifies that - (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/30/2010 MCS on behalf of /S/ teiqk . J. ellij, LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-06 DE11 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CASE NO: 09-8078 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: JOHN J. SPEICHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH A.J. ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/08/2010 CC: LEIGH A.J. ELLIS, ESQ. - JOHN J. SPEICHER, ESQ. LEISAWITZ, HELLER, ET AL 2755 CENTURY BLVD MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 WYOMISSING, PA 19610 MCS # 09927-COl DE02 >>> LOCATION LIST <<< PAGE : 1 LOCATION NAME RECORDS REQUESTED ASCENT, INC. RECORDS MCS # 09927-COl DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. File No. _ 09-8078 SCOTT D. MUELLER, MD. SUBPOENA TO PRODUCE DO UMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AS .FNT INC (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: **** S . ATTA D RIDER **** at -- The M , ro m In 1601 Il?arket tr r Su;rP Q00 philad lnhia 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: LEIGH A.J ELLIS ESO ADDRESS: 2010 MARK FT STRFET CAMP HIT.i, pA 17011 TELEPHONE: (2 1 5) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: C ?. ',Z.D l Seal of the Court BY THE CO Prothonotary/Clerk, Civil Division Deputy 09927-36 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ASCENT, INC. 1306 COUNTY ROAD NAPLES, ID 83847 RE: MCS # 9927-06 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 SUBJECT ATTENDED THE WILDERNESS PROGRAM Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 09927-L36 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things I uaii rr. to Rule 4009.22??- `'cl X .:Tl MCS on behalf of LEIGH A.J. ELLIS, ESQ. Y? --E > certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/07/2011 MCS on behalf of /S/ ,/n?eig4 44 ellij, 64. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L37 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY1OF CUMBERLAND IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. D ( Note: see enclosed list of locations ] COURT OF COMMON PLEAS TERM, CASE NO: 09-8078 TO: JOHN J. SPEICHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH A.J. ELLIS, 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: 01/14/2011 CC: LEIGH A.J. ELLIS, ESQ. JOHN J. SPEICHER, ESQ. LEISAWITZ HELLER 2755 CENTURY BLVD SPRING RIDGE WEST WYOMISSING, PA 19610 MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 LA^r H -----. --- >¢> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED HARRISBURG HOSPITAL CHESAPEAKE SODA CLEAN INC. ED WEBER, LCSW BRIAN HALSTEAD THE BRIDGE AMMERMAN DEVEY ENDODONTICS MORRISON ASSOCIATES CUMBERLAND COUNTY COURTHOUSE MEDICAL RECORDS RECORDS PSYCHIATRIC RECORDS RECORDS PSYCHIATRIC RECORDS MEDICAL RECORDS MEDICAL RECORDS RECORDS MCS # 09927-C01 nFn7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. SUBPOENA o PRnnrrr TO: Custodian of Records for File No. 09-8078 (Name of Person or Entity) Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents or things: _ * * * * SFF. ACHED IDE at 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 see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE: - 5 246 SUPREME COURT ID #: ATTORNEY FOR: Di FE'?:_0_?, ?2?111 Date: Seal of the Court REQUEST OF THE FOLLOWING PERSON: B COURT: Prothonotary/Cle , Civil Division Deputy 09927-37 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. File No. 09-8078 SCOTT D. MUELLER, MD. TO: Custodian of Records for CHESAPEAKE SODA CLEAN INC (Name of Person or Entity) Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents or things: _ * * * * SF.F, A A n RIDER * * * * at The M pro m Inc 1601 Mark Stree Suitr+ g00?philade hi 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 th4 party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost 0 preparing the copies or producing the things sought. If you fail to produce the documents or ings required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seelia court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: -LEIGH A J ELI E ADDRESS: 2010 MARKET CTRL TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ?E6.0.7 2?a1 Date: Seat of the Court BY THE COURT: ProAbno / Cler Civil Division Deputy 09927-38 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHESAPEAKE SODA CLEAN INC. 212 NAJOLES ROAD BLDG. D MILLERSVILLE, MD 21108 RE: MCS # 9927-08 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-6213 Date of Birth: 02-28-1981 ANY & ALL RECORD $, INCLUDING BUT NOT LIMITED TO SETTLEMENT AGREEMENT, EMPLOYMENT AND VENDOR RECORDS Prior roval is egnired for fees in excess of $150.00 for hospiaP $100.00 for all other providers. MCS # 09927-08 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- SCOTT D. MUELLER, MD CASE NO: 09-8078 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of intents to serve the subpoena with a copy of the subpoena attached thereto x4as mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which, will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/07/2011 MCS on behalf of /s/ LiG4 J J e'llij, ei LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L39 DE11 C I OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. File No. _ 09-8078 TO: Custodian of Records for ED WEBER_ i CSW (Name of Person or Entity) Within twenty (20) days after service or this subpoena, you are ordered by the court to produce the following documents or things: ** * *_ SEE ATTA( MP.n R rnPV ** * * at You may deliver or mail legible copie of the documents or produce things requested by this subpoena, together with the certificate of compliance, to th party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost f preparing the copies or producing the things sought. If you fail to produce the documents orlthings 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 f HE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: 1215 246 SUPREME COURT ID #: ATTORNEY FOR: Di B COURT- Pro onotary/Cl rk, Civil Division ,DEB'-??: ;ZQ11? Date: Seal of the Court Deputy 09927-39 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ED WEBER, LCSW 505 S. FEDERAL HIGHWAY DEERFIELD BEACH, FL 334411 RE: MCS # 9927-L39 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-M $213 Date of Birth: 02-28-1981 Please provide any and all psychiatric records, including but not limited to correspondence,jfiles, memoranda, handwritten notes, history and physical reports. Includo any.and all medication and prescription records and transcripts. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer databose or otherwise in electronic form. INCLUDING MENTAL!HEALTH RECORDS. ADDICTION AND THERAPY RECORDS Prior naval hos $100. -for fees in excess of $150.00 for ther providers. MCS # 09927-L39 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 I IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND I -VS- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to servi?e of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of inten to serve the subpoena with a copy of the subpoena attached thereto as 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 not?ce of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to t (4) The subpoena w is attached to DATE: 02/07/2011 subpoena has been received, and will be served is identical to the subpoena which notice of intent to serve the subpoena. MCS on behalf of /S/ d /'eig, - 4. J. el[i'4, LEIGH A. J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L40 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. TO: Custodian of R File No. 09-8078 Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents or things: * ** * F AIJACHED RIDER ** * * at You may deliver or mail legible copie i of the documents or produce things requested by this subpoena, together with the certificate of compliance, to th party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost f 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 see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE: (W)246. SUPREME COURT ID #: ATTORNEY FOR: Di Date: Seal of the Court REQUEST OF THE FOLLOWING PERSON: BY Anotary/Cle URT: Pro k, Civil Division Deputy 09927-40 ki-aaa¦v, vi rr,"un or L'ni1Ly) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FbR: BRIAN HALSTEAD 163 HIGH STREET WOMELSDORF, PA 19567 RE: MCS # 9927-L40 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 170131 Social Security #: XXX-XX-$213 Date of Birth: 02-28-1981 i ANY & ALL INTERN NTION ADDICTION RECORD Prior r-oval hospi?, $100 SERVICES RECORDS, MENTAL HEALTH RECORDS AND for fees in excess of $150.00 for ther providers. MCS # 09927-L40 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA j PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to servile of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of inten to serve the subpoena with a copy of the subpoena attached thereto as mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to tte subpoena has been received, and (4) The subpoena whic# will be served is identical to the subpoena which is attached to tho notice of intent to serve the subpoena. MCS on behalf of DATE: 02/07/2011 /S/ oCeigh ./d. , . LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L41 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. SCOTT D. MUELLER, MD. I I TO: Custodian of Records for File No. _ 09-8078 (Name of Person or Entity) Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents or things: * * * * SFF CHED RMF.R * * * * at 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 pings required by this subpoena within twenty (20) days after its service, the party serving this subpoena may see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE: (15 246 SUPREME COURT ID ATTORNEY FOR: D TER- Q 7 261 Date: Seal of the Court REQUEST OF THE FOLLOWING PERSON: BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 09927-41 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS 6R: THE BRIDGE 777 E. ATLANTIC AVENUE SUITE C2-101 DEL RAY BEACH, FL 33483 RE: MCS # 9927-L41 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX- 213 Date of Birth: 02-28-1981 Please provide any and all psychiatric records, including but not limited to correspondence, files, memoranda, handwritten notes, history and physical reports. Include any and all medication and prescription records and transcripts. This should contain all records in your possession, all archived records, or recor°s in storage. Including any and all items as may be stored in a computer datab se or otherwise in electronic form. INCLUDING ADDICT?ON RECORDS, MENTAL HEALTH RECORDS & THERAPY RECORDS Prior proval h : I * q$100. for fees m excess of $150.00 for ther prodders. MCS # 09927-L41 SU10 CERTIFICATE IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. As a prerequisite to servi to Rule 4009.22 SITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 of a subpoena for documents and things pursuant MCS on beha?f of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of inten to serve the subpoena with a copy of the subpoena attached thereto as 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 not attached to this (3) No objection to (4) The subpoena w. is attached to DATE: 02/07/2011 of intent, including the proposed subpoena, is ificate, subpoena has been received, and will be served is identical to the subpoena which notice of intent to serve the subpoena. MCS on behalf of //S/ oL iig J . 6'144, LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L42 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE VS. TO: SCOTT D. MUELLER, MD. Custodian of Records for File No. 09-8078 (Name of Person or Entity) Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents or things: **** 4F.F ATTtACHED RInFA **** at 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 rags required by this subpoena within twenty (20) days after its service, the party serving this subpoena may see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE:- (215) 246 SUPREME COURT ID #: ATTORNEY FOR: D 'FE8 07 '2g1j) Date: REQUEST OF THE FOLLOWING PERSON: BY T COURT: Pr thonotaryI lerk, Civil Division Deputy Seal" of the Court 09927-42 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS AMMERMAN DEVEY ENDODONTICS 4661 TRINDLE ROAD CAMP HILL, PA 17011 RE: MCS # 9927-L42 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-! Date of Birth: 02-28-1981 Please provide entire medi and all records, correspon physicians. Include all fi reports, and all prescript possession, all archived r items as may be stored in INCLUDING DENTAL Prior prove hosp Is $100. al file, including but not limited to any ence to and from the consulting and treating es, memoranda, handwritten notes, history, physical ons records. This should contain all records in your cords, or records in storage. Including any and all computer database or otherwise in electronic form. RECORDS d for fees in excess of $150.00 for other providers. MCS # 09927-L42* SU1O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. As a prerequisite to to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 of a subpoena for documents and things pursuant MCS on behalf of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto as 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 not ce of intent, including the proposed subpoena, is attached to this ertificate, i (3) No objection to t?e subpoena has been received, and i (4) The subpoena whic will be served is identical to the subpoena which is attached to th notice of intent to serve the subpoena. DATE: 02/07/2U11 MCS on behalf of /S/ 'PeiQ4 J J e'lli-4, e LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L43 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD. TO: Custodian of Records for File No. 09-8078 (Name of Person or Entity) Within twenty (20) days after service o this subpoena, you are ordered by the court to produce the following documents orthings: _ 4FF A4,A D IDFR **** I at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to thparty making this request at the address listed above. You have the right to seek, in advance, the reasonable cost f 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 see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE: (215 246 SUPREME COURT ID #: ATTORNEY FOR: D f o,/, 2pI Date: Seal of the Court REQUEST OF THE FOLLOWING PERSON: BY THE CO RT: Prothonotary/Cl k, Civil Division Deputy 09927-43 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS MORRISON ASSOCIATES 235 DIVISION STREET HARRISBURG, PA 17110 RE: MCS # 9927-L43 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-! Date of Birth: 02-28-1981 Please provide entire medi, and all records, corresponi physicians. Include all fi' reports, and all prescript possession, all archived ri items as may be stored in al file, including but not limited to any ence to and from the consulting and treating es, memoranda, handwritten notes, history, physical ons records. This should contain all records in your cords, or records in storage. Including any and all computer database or otherwise in electronic form. INCLUDING VISIONIRECORDS Prior royal hospz $100. for fees in excess of $150.00 for Cher providers. MCS # 09927-L43 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. As a prerequisite to servi? to Rule 4009.22 MCS on behal COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 09-8078 of a subpoena for documents and things pursuant .f of LEIGH A.J. ELLIS, ESQ. certifies that (1) A notice of inten to serve the subpoena with a copy of the subpoena attached thereto as 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 no attached to this (3) No objection to (4) The subpoena w is attached to DATE: 02/07/2011 of intent, including the proposed subpoena, is ificate, subpoena has been received, and k will be served is identical to the subpoena which r` notice of intent to serve the subpoena. MCS on behalf of /S/ deig4 ? ellij, eia. LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L44 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE File No. 09-8078 vs. SCOTT D. MUELLER, MD. SUBPOENA O PRODUCE DOCUMENTS OR THINGS FOR DISC VERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for (Name of Person or Entity) Within twenty (20) days after service of is subpoena, you are ordered by the court to produce the following documents or things: **** **** at The MCS CaM. Inc-- 1601 MarW Sb=j. 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 f preparing the copies or producing the things sought. If you fail to produce the documents or hings required by this subpoena within twenty (20) days after its service, the party serving this subpoena may see a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT NAME: ADDRESS: TELEPHONE: 215) 246 SUPREME COURT ID #: ATTORNEY FOR: D FEB 07 2P11' Date: /83/11 Seal of the Court REQUEST OF THE FOLLOWING PERSON: BY THE COURT: Prothonotary/Cle k, Civil Division Deputy 09927-44 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS F CUMBERLAND COUNTY COURTHOU ONE COURT HOUSE SQUARE CARLISLE, PA 17013 RE: MCS # 9927-L44 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-! Date of Birth: 02-28-1981 ANY & ALL CRIMI 213 RECORDS, DUI RECORDS & PAROLE OFFICER RECORDS d for fees in excess of $150.00 for other providers. MCS # 09927-L44 SU10 PATRICK J. MOLLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION --LAW VS. NO. 09-8078 SCOTT D. MUELLER M.D. p c , , and -g3 = MUELLER FAMILY PRACTICE ca = JURY TRIAL DEMANDED ? =C x -orn Defendants : 7 r 4c:, m =-n - c) 57> Z - C )C ) ?M CERTIFICATE OF SERVICE I, Lisa M. Zieckler, a legal secretary with the law firm of Leisawitz Heller Abramowitch Phillips, P.C., hereby certify that I served a true and correct copy of "Plaintiffs Interrogatories - Second Set addressed Defendants" by mailing same by United States First Class Mail, postage prepaid, on the 1St day of April, 2011, to the following: Leigh A.J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 LEISAWITz HELLER ABRAMOWITCH PHILLIPS, P.C. By: Lisa M. Zieckler, L6(al Secretary 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 {00342631 } LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C: ' 9 r sDI?O TA Z'i' By: John J. Speicher, Esquire , . , Attorney I.D. No. 23275 N 12: 5 7 2755 Century Boulevard _,U "d2 RLArND COUNTY Wyomissing, PA 19610 '??SYLVANIA (610) 372-3500 Attorneys for Plaintiff, Patrick J. Molle PATRICK J. MOLLE Plaintiff VS. SCOTT D. MUELLER, M.D. and MUELLER FAMILY PRACTICE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION --LAW NO. 09-8078 JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY Plaintiff, Patrick J. Molle (hereinafter "Plaintiff'), by and through his undersigned counsel, respectfully requests that this Honorable Court grant this :Motion and compel Defendants, Scott D. Mueller, M.D. and Mueller Family Practice (hereinafter "Defendants"), to answer Plaintiff's Interrogatories - Second Set, and in support thereof, state the following: 1. Plaintiff served his Interrogatories - Second Set (hereinafter the "Interrogatories") upon Defendants on April 1, 2011. A true and correct copy of the Interrogatories is attached hereto, incorporated herein and marked as Exhibit "A." 2. On or about April 5, 2011, Defendants sent undersigned counsel Objections of Defendants, Scott D. Mueller, M.D. and Mueller Family Practice to Plaintiffs Interrogatories - Second Set (hereinafter the "Objections"). A true and correct copy of the Objections is attached hereto, incorporated herein and marked as Exhibit "B." 3. Defendants' Objections seek to avoid answering the Interrogatories on the theories that {00342979 1 the information requested is not reasonably calculated to lead to discovery of admissible evidence, is irrelevant and that the Interrogatories are overly broad and unduly burdensome. 4. The Interrogatories request information relative to Defendants' prescribing of narcotic medication to patients from 1996 to the present. 5. Specifically, Plaintiff seeks to ascertain the manner in which Defendant, Scott D. Mueller, M.D., prescribes narcotic medication for patients after he has diagnosed their injuries/illnesses. 6. The essence of the claims against Defendants herein is that Defendants improperly treated Plaintiff by overprescribing prescription medication when Defendants knew or should have known that such prescriptions were improper for Plaintiff. 7. Plaintiff has received information, through discovery in this matter, that Defendants have been investigated by the Pennsylvania Department of State for improperly prescribing prescription medication to patients. 8. Discovery of Defendants' conduct regarding similar treatment of other patients would lead to admissible evidence to show that Defendants have a history of negligent prescribing, similar to the manner in which Plaintiff was treated. 9. The Interrogatories are clearly relevant, in that Defendants have a history of conduct, the precise nature of which is the same as the facts providing the basis for the instant action. 10. The scope of time for which Plaintiff has requested discovery is limited so as to not be overly broad or unduly burdensome. 11. Defendants provided Plaintiff with information showing that Defendants have been investigated for improperly prescribing medication on several occasions since 1996. 12. Plaintiff has, therefore, limited his request for information only to the timeframe that has {00342979 } the likelihood of revealing relevant information. WHEREFORE, Plaintiff, Patrick J. Molle moves that this Honorable Court issue an Order compelling Defendants, Scott D. Mueller, M.D. and Mueller Family Practice file full and complete answers to Plaintiff's Interrogatories - Second Set within the time limits set forth by this Court. Respectfully submitted, LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Jo J. Sp 'ch , Esquire Attorney I.D. No. 23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiffs (00342979 ) LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: John J. Speicher, Esquire Attorney I.D. No. 23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff PATRICK J. MOLLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. SCOTT D. MUELLER, M.D. and MUELLER FAMILY PRACTICE NO. 09-8078 JURY TRIAL DEMANDED Defendants PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANTS. SCOTT D MUELLER, M.D. AND MUELLER FAMILY PRACTICE - SECOND SET TO: Scott D. Mueller, M.D. and Mueller Family Practice c/o Leigh A. J. Ellis Esquire FOULKROD ELLIS 2010 Market Street Camp Hill, PA 17011 You are hereby notified that you are required to answer, under oath, within thirty (30) days from the date of service hereof upon you, in accordance with Pa. R.C.P. Nos. 4005 and 4006, the following interrogatories. Such answers are to be inserted in the spaces provided following each interrogatory, and if there is insufficient space, a supplemental sheet shall be attached, all in accordance with Pa. R.C.P. No. 4006. Following insertion of the answers, a proper affidavit shall be attached hereto and copies served on counsel of record pursuant to Pa. R.C.P. No. 4006. These interrogatories are deemed to be continuing in nature, and any (00341469 information obtained by you subsequent to the filing of your answers to these interrogatories which would have been includable in the answers to these interrogatories is to be supplied to the inquiring party by the filing of supplemental answers. DEFINITIONS AND INSTRUCTIONS The term "Person" means any natural person, corporation, association, firm, partnership, trust or other business or legal entity. "Plaintiff(s)" or "Defendant(s)" means the above-named parties and includes their officers, directors, employees and/or agents. Plaintiff includes not only the above-named Plaintiff but all persons who assigned claims to Plaintiff which resulted in this action. Unless specifically designated, the singular means the plural and the masculine means the feminine. "Document" means any writing or record of any type or description - including, but not limited to, agreements, correspondence, letters, e-mails, telegrams, inter-office communications, memoranda, reports, records, instructions, notes, notebooks, scrapbooks, diaries, minutes, minutes or meetings, photographs, photocopies, charts, graphs, descriptions, invoices, purchase orders, bills of lading, recordings, publications, transcripts of telephone or coded conversations, and any other retrievable data (whether encarded, taped or electronically electromagnetically or otherwise) - in the possession, custody or control of answering party or known to it, wherever located, however produced, whether an original or a copy (including but not limited to, carbon, handwritten, typewritten, microfilm, photostatic, xerographic copies), and including any non- identical alterations, notes, comments or otherwise) together with any attachment thereto or enclosure therewith. "Evidence" means anything other than a document that tends to prove or disprove a fact. "Exhibit" or "said exhibits" means the exhibits attached to the Complaint. {00341469 } 2 (2) its title and date, and the number of pages thereof, (3) its subject matter; (4) its author's identity; (5) its addressee's identity; (6) the identity of each person who received copies; (7) its present location and its custodian's identity (if any such document was, but is not longer, in the possession of or subject to control of answering party, describe the disposition that was made of it and when said disposition was madej; (8) whenever an interrogatory calls for the answering pazty to identify a document that Harty may, in lieu of so identifying attach a copy of that document mazked with the appropriate number of the interrogatory. In any case where attorney/client privilege, any other privilege, or work product exception is claimed in response to an interrogatory or a motion for the production of documents, identify the document nonetheless, state the nature of the communication and whether the claim is for all or only part of the document and, if part, state which part, and the nature of the claim. (d) Oral statements and communications mean: (1) the date and place they were made; (2) identification of each of the makers and recipients thereof in addition to identifying all other persons present; (3) the medium or communication; (4) their substance. (e) "Date" means the exact day, month and year-if ascertainable or, if not, the best approximation (including relationship to other events). {00341469 } 4 M "Narcotic medication" means a drug derived from opium or opiumlike 0 compounds including, but not limited to, Oxycontin, Oxycodone, Vicodin, Percocet, and any of their generic derivatives. INTERROGATORIES 1. In regards to this interrogatory, kindly remove all information that would render the information requested personally identifiable (as it is defined and/or applied relative to the Health Insurance Portability and Accountability Act) to the individual to whom it relates. With respect to each patient to whom you have prescribed narcotic medication to, from 1996 through the present, please list the following: a. Diagnoses of injury/injuries and/or illness(es); b. Type of medication(s) prescribed; c. Dosage frequency and strength; d. Number of refills written for each prescription; {00341469 J 5 e. Period of time the patient was on the prescription; f. If the prescription was called in by you, or a member of your staff, what pharmacy was contacted; and g. What diagnostic testing was performed prior to prescribing the medication? Respectfully submitted, LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: John . Speiche , Esq -re Attorney I.D. No. 5 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff {00341469 } 6 6 ., I ??r f, FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 PATRICK J. MOLLE, Plaintiff V. SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE, Defendants Attorney for Defendants: Scott D. Mueller, M.D. and Mueller Family Practice IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8078 JURY TRIAT. DFMANT)FTI OBJECTIONS OF DEFENDANTS, SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE TO PLAINTIFF'S INTERROGATORIES - SECOND SET 1 (a-g). Objection. Answering Defendants object to this Interrogatory as overly broad and unduly burdensome. Answering Defendants further object to this Interrogatory in that it seeks information irrelevant to this particular lawsuit and set of facts and is not reasonably calculated to lead to the discovery of admissible evidence. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: i 16-t t( L?'?L /' By: Leigh A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 1 0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of 0`*AA:4 , 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 (Counsel for Plaintiffs) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal . Nemetz, Secret ai PATRICK J. MOLLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Plaintiff CIVIL ACTION --LAW NO. 09-8078 SCOTT D. MUELLER, M.D. and MUELLER FAMILY PRACTICE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Lisa M. Zieckler, a legal secretary with the law firm of Leisawitz Heller Abramowitch Phillips, P.C., hereby certify that I served a true and correct copy of "Plaintiffs Motion to Compel Discovery" by mailing same by United States First Class Mail, postage prepaid, on the Stn day of April, 2011, to the following: Leigh A.J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 LEISAWITz HELLER ABRAMOWITCH PHILLIPS, P.C. By: Lisa M. Zieckle , Legal Secretary 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 {00342979 } PATRICK J. MOLLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SCOTT D. MUELLER, M.D., and MUELLER FAMILY PRACTICE, ; c Defendants NO. 09-8078 CIVIL TERM MCC ?? =-n zm -v ?-- - IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERg CA ORDER OF COURT 3 AND NOW, this 14'h day of April, 2011, upon consideration of Plaintigs motigr" c To Compel Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of from the date of this order. John J. Speicher, Esq. 2755 Century Boulevard Wyomissing, PA 19610 Attorney for Plaintiff Leigh A.J. Ellis, Esq. 4000 Market Street Camp Hill, PA 17011 Attorney for Defendants oopieo DIED BY THE COURT, HONOTARY FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 i t F 2' N Attorney for'D i (uR9LAH0 COUNTY Scott D. Mueller, j1-%a(L A N I A Mueller Family Practice PATRICK J. MOLLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE, NO. 09-8078 Defendants JURY TRIAL DEMANDED RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW come Defendants, Scott D. Mueller, M.D. and Mueller Family Practice, by and through their counsel, Foulkrod Ellis, P.C. to show cause why the relief requested in Plaintiff s Motion to Compel Discovery should not be granted: 1. Denied. Defendants are unaware as to when Plaintiff intended to serve his Interrogatories - Second Set as there was no Certificate of Service attached to the Interrogatories - Second Set and it is not dated. Answering Defendant is only aware that the Interrogatories were received by undersigned's office on April 4, 2011. 2. Admitted. By way of further Answer, Defendants served Supplemental Objections to Plaintiffs Interrogatories - Second Set on April 18, 2001. A true and correct copy of the Supplemental Objections are attached hereto, incorporated herein and marked as Exhibit A. 3. Admitted in part. It is denied that Defendants' "seek to avoid answering the Interrogatories." Defendants appropriately and timely responded to the 1 Interrogatories in the form of Objections served on April 5, 2011 and April 18, 2011. Defendants have asserted appropriate objections in that the Interrogatory is overly broad, unduly burdensome, seeks irrelevant information, violates the patient-physician privilege, violates the constitutional rights of patients who are not a party, violates the Health Insurance Portability and Accountability Act (HIPAA), violates state law protecting drug information and requires unreasonable investigation. 4. The Interrogatory is a writing which speaks for itself. 5. The Interrogatory is a writing which speaks for itself. Plaintiff s characterization of the Interrogatory is evidence of the extraordinarily broad nature of the requests. 6. Denied as stated. Plaintiff's Complaint is a writing which speaks for itself. By way of further answer, Plaintiff's claim against Defendants is that Plaintiff, as a former drug addict, was improperly treated by Defendants for an alleged shoulder pain issue in that he allegedly overprescribed prescription medication. 7. Admitted in part. In response to initial discovery requests, Defendants provided Plaintiff with discoverable materials relating to prior investigations by the Bureau of Occupational and Professional Affairs. Defendants are unaware of any other information that may be in Plaintiff's possession. Denied. Dr. Mueller is a family practice physician who treats patients for countless ailments. He prescribes narcotic medications for a variety of reasons and conditions. He treats each patient individually taking into consideration, among other things, the specific patient's history, complaints and office visits throughout the course of treatment. The way he treats one patient is not at all predictive of how he may treat an 2 entirely different patient. Plaintiff had a very individualistic history (i.e., he misled Dr. Mueller regarding his prior drug use), a very specific complaint (i.e., history of shoulder pain dating to age 11) and a very specific office visit course (i.e., reports that his narcotics had been stolen, prescriptions were destroyed and additional injuries). Conceivably, Dr. Mueller has never had a patient with significant similarities to Plaintiff. 9. Denied. Defendants "history of conduct" is not dispositive to the issues herein. The only evidence that is potentially relevant to a determination as to whether Dr. Mueller violated the standard of care with respect to his care of Plaintiff has to be limited to the facts and circumstances of Plaintiff's care with Dr. Mueller. 10. Denied. Plaintiffs request seeks records of patients dating back fifteen (15) years. Dr. Mueller is not even legally obligated to maintain patient records for that period of time. Plaintiff's request would require Dr. Mueller to review every patient file for the past 15 years to determine which patients were prescribed narcotics. Once that determination is made, Plaintiffs request would require Dr. Mueller to review the entire chart of each of those patients, some of whom may have been his patients for over a decade, to compile the requested information. It is respectfully submitted that such actions would entail an overwhelming amount of time and energy away from Dr. Mueller's ordinary practice amounting to unreasonable investigation in violation of Pa. R.C.P. 4011. 11. Denied. Defendants provided requested and discoverable documents dating back to 2003. By way of further response, it is unclear to Defendants as to the relevance of Plaintiffs assertion in this Paragraph to the disposition of the within issue. 3 12. Denied. Defendants incorporate their above responses. By way of further response, Plaintiff's requested discovery is problematic beyond the issues of relevance and burden. The information sought would force Dr. Mueller to violate the patient-physician privilege which provides that "no physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient." 42 Pa. C.S.A. §5929. Above and beyond the request seeking personal information, the request seeks information regarding narcotics use, to which society attaches a stigma. The information sought would force Dr. Mueller to violate the Healthcare Insurance Portability and Accountability Act (HIPAA). Plaintiff is essentially asking for disclosure of narcotic use of patient's from individuals who have no knowledge of this lawsuit or of the fact that such information would be disclosed beyond Dr. Mueller's office. Section 164.512(e) of the HIPAA Act governs the disclosure of protected health information for judicial proceedings. (e) Standard: Disclosures for judicial and administrative proceedings - (1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding: (i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or (ii) In response to a subpoena, discovery request, or other lawful administrative tribunal, i£ (A) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or (B) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section. (iii) For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying -documentation demonstrating that: (A) The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address); (B) The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and (C) The time for the individual to raise objections to the court or administrative tribunal has elapsed, and: (1) No objections were filed; or (2) All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution. (iv) For the purposes of paragraph (e)(1)(ii)(B) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such party a written statement and accompanying documentation demonstrating that: (A) The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or (B) The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal. (v) For purposes of paragraph (e)(1) of this section, a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that: (A) Prohibits the parties from using or disclosing the protected health information for any purpose other than the 5 litigation or proceeding for which such information was requested; and (B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. (vi) Notwithstanding paragraph (e)(1)(ii) of this section, a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(iv) of this section. The requested information violates the privacy rights of the patients who are not a party to this lawsuit. "By allowing a plaintiff access to information in the medical records of other patients, the right to privacy of those other [patients] is violated. This fundamental right, older than the Bill of Rights, is protected by both our federal and state constitutions." Sanderson v. Bra, 522 A.2d 1138 (Pa. Super. 1987); See Pa. Const. art. I, §1, art. III §32; U.S. Const. amends. I, IV, V, IX and XIV. Finally, the Court of Common Pleas of Cumberland County has had the opportunity to consider an almost identical issue previously. In Lykes v. Yates, Docket No. 05-5869, Plaintiff's sought to compel photos of patients not a party to the lawsuit in order to test Defendants assertions that a particular treatment utilized by Defendants in the ten (10) years proceeding Plaintiff's care was successful in past experiences. Defendants argued that responding to the Request would violate HIPAA and asserting that the Request was unduly burdensome. The Honorable Kevin A. Hess found in favor of Defendants by denying Plaintiff's Motion to Compel. A copy of the Plaintiffs Motion 6 to Compel, Defendants Response to the Motion to Compel and Order of Court is attached hereto as Exhibit B. WHEREFORE, Defendants respectfully request that Plaintiff's Motion to Compel be denied. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: i i7.0 1 By: Leigh .J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 C?,I'il?g%r FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 PATRICK J. MOLLE, Plaintiff V. Attorney for Defendants: Scott D. Mueller, M.D. and Mueller Family Practice IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE, NO. 09-8078 Defendants JURY TRIAL DEMAN17Fn SUPPLEMENTAL 0 C"0*S OF DEFENDANTS, SCOTT PolOVELI -ftD. AND MUELLER FAMILY PRACTICE TO PLAINTIFF-19• INTERROGATORIES - SECOND SEA' 1 (a-g). Objection. Answering Defendants further object to this Interrogatory to the extent that it seeks information protected by the physician-patient relationship. Answering Defendants further object to this Interrogatory to the extent that it seeks information protected by the Health Insurance Portability and Accountability Act (HIPAA) and violates the constitutional rights of patients who are not a party to this lawsuit. Answering Defendants further object to this Interrogatory to the extent it illegally requires the unauthorized disclosure of drug information. Answering Defendants further object to this Interrogatory to the extent it requires unreasonable investigation by the Respondent. Answering Defendants incorporate by reference previously served Objections to Plaintiff's Interrogatories - Second Set served on April 5,2011. 1 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: Owl By: L(.4-1,A .. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of 1140lit , 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 (Counsel for Plaintiffs) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal L. WNerrSecr ?????? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION ESTER J. LYKES Plaintiff, V. JAMES A. YATES, M.D., et al. Defendants Docket No.: 05-5869 JURY TRIAL DEMANDED ORDER AND NOW, this day of 2009, upon consideration of Plaintiff's Motion to Strike Objections and Compel Answers to Plaintiff's Second Set of Requests for Production of Documents, and any responses thereto, it is hereby ORDERED and DECREED that Plaintiff's Motion is GRANTED. Defendants, James A. Yates, M.D., and Plastic Surgery Center, Ltd., shall forward full, complete and verified Answers to Plaintiffs Second Set of Requests for Production of Documents within ten (10) days of the date of this Order or suffer sanctions upon further application to this Court. BY THE COURT J. VILLARI, BRANDES & KLINE, P.C. By: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875and #206156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION ESTER J. LYKES Plaintiff, V. Docket No.: 05-5869 JURY TRIAL DEMANDED JAMES A. YATES, M.D., et al. Defendants PLAINTIFF'S MOTION TO STRIKE OBJECTIONS AND COMPEL MORE SPECIFIC ANSWERS TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS JAMES A. YATES M.D. AND PLASTIC SURGERY CENTER LTD. Plaintiff files the herein Motion and respectfully requests that Defendants, James A. Yates, M.D. and Plastic Surgery Center, Ltd., provide full, complete and properly verified answers to Plaintiff's Second Requests for Production of Documents. In support thereof, Plaintiff asserts as follows: 1. This is a medical malpractice case whereby it is alleged that Plaintiff, Ester J. Lykes, suffered severe injuries and damages as a result of the negligence of the defendants during her post-operative treatment for a bilateral breast reduction. 2. On September 25, 2008, counsel for Plaintiff forwarded her Second Set of Requests for Production of Documents Addressed to Defendants, James A. Yates, M.D., and Plastic Surgery Center, Ltd. A copy of the Second Set of Requests for Production of Documents and the associated Certificate of Service is attached hereto and marked Exhibit "A." 3. Specifically, Request 3 of Plaintiff's Second Set of Requests for Production of Documents seeks, "Any and all documents and/or photographs of patients with granulation tissue and/or pregranulation tissue after surgery to whom you recommended Gold Bond powder in the ten (10) years preceding the incident which is the subject of Plaintiff's Complaint." See Exhibit "A." 4. On September 30, 2008, Defendants James A. Yates, M.D., and Plastic Surgery Center, Ltd., served Objections to Plaintiff's Second Set of Request for Production of Documents. A copy of Defendants' Objections is attached hereto and marked Exhibit "B." 5. Defendants objected to Request 3 "to the extent that it seeks information that may be protected by the Health Insurance Portability and Accountability Act (HIPPA)." See Exhibit "B 6. On October 14, 2008, Defendants James A. Yates, M.D., and Plastic Surgery served Answers and Objections to Plaintiff's Second Set of Request for Production of Documents. A copy of Defendants' Answers and Objections is attached hereto and marked Exhibit "C." 7. Once again, Defendants objected to Request 3 to the extent it sought information protected by HIPPA. Defendants finiher objected to the Request as "overly broad and unduly burdensome" in that "it seeks information spanning ten years and potentially includes thousands of surgeries." See Exhibit "C.- 8. On November 19, 2008, in an effort to resolve this discovery dispute without court intervention, Plaintiff's counsel forwarded correspondence to defense counsel detailing the deficiencies in Defendants' responses and objections to Plaintiffs' Second Set of Requests for Production of Documents, among other things. A copy of the November 19, 2008 correspondence is attached hereto and marked Exhibit "D." 9. As outlined in Plaintiff's November 19th letter, Dr. Yates testified at his deposition that he had recommended Gold Bond powder to several patients with successful results and indicated that he would provide the records of those patients: Q. When did you first start recommending Gold Bond powder for your patients? A. Depending on what the wound is, whether it's a face lift or tummy tuck, I would say 15, 18, 20 years ago, maybe longer. I do not know. Q. Have you recommended the use of Gold Bond powder with all of your patients, or just ones that had certain conditions after surgery - A. If the wound is not healing well, and there is granulation tissue or pregranulation tissue, we recommend Gold Bond powder, yes. As I said before, we would be happy to demonstrate all the cases where that has been successful without any secondary surgery, of which there are at least a dozen. MS. GIANNONE: We would like to see those cases, with patients' names redacted. MR. ELLIS: How would you like to do it? MS. GIANNONE: Redact the names. MR. ELLIS: It's still pictures of people. We will figure that out later. THE WITNESS: They are available. That's all I can tell you. BY MS. GIANNONE: Q. Do you recall the patients' names? A. Absolutely. And the next week there may be another one, if they don't follow our instructions or are taking something and didn't tell us - Deposition of James A. Yates, M.D., at 161:1-162:3 (April 10, 2007). 10. Given Dr. Yates deposition testimony, he is able to identify at least some of the patients to whom he recommended Gold Bond powder in the ten (10) years preceding the incident. 11. Further, Dr. Yates' deposition testimony reveals his intent to defend this case on the basis that he recommended Gold Bond powder on other patients with granulation and/or pregranulation tissue in the past with successful results. Thus, Dr. Yates will likely assert at trial that his recommendation of Gold Bond powder to Ms. Lykes was proper based on his past experiences. 12. On November 25, 2008, defense counsel forwarded correspondence stating that it was Defendants' position that the production of photographs requested in Request 3 of Plaintiff's Second Set of Requests for Production of Documents would violate HIPPA regulations. At that time, Defendants took no position with regard to the documents requested therein. A copy of the November 25, 2008 correspondence is attached hereto and marked Exhibit "E." 13. On December 10, 2008, counsel for Plaintiff and Defendants spoke via telephone regarding Plaintiff's Second Set of Requests for Production of Documents, particularly Request 3. A copy of the December 10, 2008 correspondence confirming this conversation is attached hereto and marked Exhibit "F." 14. During this phone call, defense counsel indicated that her clients are not opposed to producing the requested documents, but that counsel and her clients have concerns about violating HIPPA. 15. In order to alleviate any concerns about potential HIPPA violations, Plaintiff's counsel suggested that Defendants redact any patient-identifying information, such as names, addresses, and ID numbers from the requested documents and black out and/or cover any faces or identifying marks on the requested photographs. 16. During this phone call, defense counsel also asked whether Dr. Yates could produce a sample of documents regarding the patients with granulation and/or pregranulation tissue to whom Dr. Yates recommended Gold Bond powder, rather than all documents relating to all patients with granulation tissue and/or pregranulation tissue after surgery to whom Dr. Yates recommended Gold Bond powder. 17. Plaintiff's counsel advised that Plaintiff will not accept a sample. Given Defenants' apparent intention to defend this case on the basis that Dr. Yates recommended Gold Bond powder on patients with granulation and/or pregranulation tissue in the past with successful results, this puts Plaintiff at a disadvantage. If permitted to produce only a sample of records, Defendants will likely produce a sample wherein all the represented patients had successful results with the use of Gold Bond powder. In actuality, there may be patients, such as Ms. Lykes, who did not have success with Gold Bond powder. 18. As Dr. Yates's recommendation to use Gold Bond powder is a central issue in this case, Plaintiff is entitled to discovery regarding the issue. 19. Plaintiff advised that failure to produce the requested records would result in the filing of this Motion. 20. In a Stipulation filed with this Court, counsel for all parties has agreed that discovery will end in this case on December 31, 2008. 21. To date, Defendants, James A. Yates, M.D. and Harleysville Medical Associates, Ltd., have failed to provide Answers and documents responsive to Plaintiff's Second Set of Requests for Production of Documents, Request 3. 22. Plaintiff is being unfairly prejudiced without these discovery responses as it relates to conducting this litigation and preparing for the trial of the case. 23. Plaintiff has made a good faith effort to resolve this discovery issue prior to the expiration of the discovery deadline without Court intervention, to no avail. 24. Pursuant to Cumberland County Rule 208.2(d), the concurrence of opposing counsel was sought with regard to this Motion, but opposing counsel does not concur. 25. Pursuant to Cumberland County Rule 208.3(a)(2), the Honorable Edgar Bayley has previously ruled upon other issues in this case. WHEREFORE, Plaintiff respectfully requests that Defendants, James A. Yates, M.D., and Harleysville Medical Associates, Ltd., be ordered to provide full, complete and properly verified responses to Plaintiff's Second Set of Requests for Production of Documents within ten (10) days of the presentation of this Motion. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. Dated: By: T Pe M. Villari, sT. Matteo, Esquire Attorneys for Plaintiffs VILLARI, BRANDES & KLINE, P.C. By: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875, #20.6156 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION ESTER J. LYKES and WILTON K. LYKES, h/w Plaintiffs, V. JAMES A. YATES, M.D., et al. Defendants Docket No.: 05-5869 JURY TRIAL DEMANDED PLAINTIFFS' SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED TO DEFENDANTS, JAMES A. YATES, M.D., and PLASTIC SURGERY CENTER, LTD. Pursuant to Pa. R.C.P. Section 4009, defendant above, by its counsel, is hereby requested to produce for inspection and copying the items set forth in this Request for Production of Documents and Things. The requested items shall be produced to counsel for plaintiff at 161 Washington Street, Conshohocken, PA 19426 thirty (30) days from the date of these Requests. For any document which you assert is privileged from discovery, kindly fill in the attached privilege log. DEFINITIONS AND INSTRUCTIONS A. "Document" - writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "Identify" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the work "identify" shall mean to include the date it was written; identify each person to whom it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter!, "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. C. "Concern", "it concerned", or "concerning" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "You" - means the person in whose name this action is brought, her employees, officers, representatives, agents, and attorneys, or any person working for such persons. 2 VILLARI, BRANDES & KLINE, P.C. By: Peter M. Villari, Esquire Nicole T. Matteo, Esquire Attorney I.D. #26875and #206156 8 Tower Bridge, Suite 400 } 161 Washington Street Conshohocken,. PA 19428 (610) 729-2900 ATTORNEYS FOR PLAINTIFFS c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - MEDICAL PROFE SSIONAL LIABILITY ACTION ESTER J. LYKES and WILTON LYKES, hlw Plaintiffs, Docket No.: 05-5869 V. JURY TRIAL DEMANDED JAMES A. YATES, M.D., et al. Defendants CERTIFICATE OF SERVICE cD. C M na w cis I, Nicole T. Matteo, Esquire, attorney for the within named Plaintiffs, certify that a copy of the Plaintiffs Second Set of Request for Production of Documents directed to Defendants James A. Yates, M.D. and Plastic Surgery Center, Ltd., have been served upon counsel ' Defendants via first class mail' postage prepaid on the for day of September, 2008 to the following address: Leigh A.J. Ellis, Esquire Francis E. Marshall, Esquire Foulkrod Ellis, P.C. Thomas M. Chairs, Esquire 2010 Market Street Dickie, McCamey & Chilcote, P.C. Camp Hill, PA 17901 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 VILLARI BRANDES & KLINE, P.C. By: Nico e T. Matteo, squire 4 FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendants: Telephone: (717) 909-7006 James A. Yates, M.D. Fax: 717 909-6955 Saundra Wolfersberger, R.N. Plastic Sur er Center Ltd. ESTER J. LYKES and WILTON K. LYKES, husband and wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES A. YATES, M.D., SAUNDRA WOLFERSBERGER, R.N., PLASTIC SURGERY CENTER, LTD., and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, CIVIL ACTION - LAW NO. 05-5869 Defendants JURY TRIAL DEMANDED ANSWERS AND OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS ADDRESSED To DEFENDANTS, JAMES A. YATES, M.D. AND PLASTIC SURGERY CENTER, LTD, Objection. Answering Defendants object to this request to the extent that it is overly broad and unduly burdensome. Answering Defendants further object to the extent that the request violates the Health Insurance Portability and Accountability Act of 1996. Subject to and without waiving the aforesaid objection, attached as Exhibit A is a redacted copy of the 2003 surgery log containing dates upon which Ester Lykes' name appears. 2. Please see Exhibit B attached hereto. 3. Objection. Answering Defendants object to this request to the extent that it seeks information that may be protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Answering Defendants further object to this Request to the extent: that it is overly broad and unduly burdensome and that it seeks information spanning ten years and potentially including thousands of surgeries. -?Z?t?L ki , Z4 Respectfully submitted, Date: ?(L?l 0 FOULKROD ELLIS PROFESSIONAL CORPORATION By: ?L - Leigh A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendants: Telephone: (717) 909-7006 lames A. Yates, M.D. Fax: 717 909-6955 Saundra Wolfersberger, R.N. Plastic Sure Center Ltd. ESTER J. LYKES and WILTON K. LYKES, husband and wife Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5869 JAMES A. YATES, M.D., SAUNDRA WOLFERSBERGER, R.N., PLASTIC SURGERY CENTER, LTD., and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, Defendants JURY TRIAL DEMANDED_ DEFENDANT'S JA MESA. YATES, M.D. AND Pl<AST`TC URGER'J MT'ER.,; LTD. OBJECTIONS TO PL ANTT)F'S' SECOND SET OF RF.lli1R.C'i?F" 7?Ati`t3i-?rirr.,•?t:-ay ,»„ _..? _.._? -_ 3. Objection. Answering Defendants object to this request to the extent that it seeks information that may be protected by the Health Insurance Portability and Accountability Act (HIPAA). Respectfully submitted, FOUL.KROD ELLIS PROFESSIONAL CORPORATION Date: By:. - 04 Leigh A.. Ellis, squire Attorney D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing document was served y4'-- upon all counsel of record this 3 d day of ? 008, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel to Plaintiffs) Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 1701.1 (Counsel to Defendant, Holy Spirit Hospital) FOULKROD ELLIS PROFESSIONAL CORPORATION By: ?N Crystal L. Nemetz, Secreta VR "Aw BKANDES OKKUNE ATTORNEYS AT LAW Nicole T. Matteo, Esquire Member of PA and NJ Bars e-mat • nma(t eel yN&JawCW Leigh A. J. Ellis, Esquire November 19, 2008 Cindy Ellis, Esquire Foulkrod Ellis, P.C. 2010 Market Street Camp Hill, PA 17011 Re: Lykes vs. Yates, M.D., et al. Cumberland County, No. 05-5869 Our File No. 210406 Dear Counsel: I reviewed the responses and objections of defendants, Plastic Surgery Center, Ltd., and James A. Yates, M.D. to Plaintiffs' Second and Third. Request for Production of Documents in the above-referenced matter. The purpose of this letter is to request that defendants review and reconsider certain objections and supplement certain responses in an effort to resolve these issues without the need for court intervention. Second Set of Requests for Production of Documents Request number 3 sought, "any and all documents and/or photographs of patients with granulation tissue and/or pregranulation tissue after surgery to whom you recommended Gold Bond powder in the ten (10) years preceding the incident which is the subject of Plaintiffs Complaint." In his deposition, Dr. Yates testified that he had recommended Gold Bond powder to several patients with successful results and indicated that he would provide the records of those patients: Q. When did you first start recommending Gold Bond powder for your patients? A. Depending on what the wound is, whether it's a face lift or tummy tuck, I would say 15, 18, 20 years ago, maybe longer. I do not know. Q. Have you recommended the use of Gold Bond powder with all of your patients, or just ones that had certain conditions after surgery - A. If the wound is not healing well, and there is granulation tissue or t 4 rdtad Bnades E UW4 P.C. 8 Tower Bridge • 161 Washington StmK Suite 400 • Conshohocken, PA 19428 Phone: 610-729-2900 • fax 610-729-2910` November 19, 2008 Lykes vs. Yates, M.D., et al. Page 3 of 3 Please provide us with full and complete discovery responses in accordance with the above within ten (10) days of the date of this letter, otherwise we ill have to seek the Court's intervention. Thank you for your anticipated cooperation. Very truly yours, k"& q6?? Nicole T. Matteo 11/19/2008 WED 10:27 FAX Villari Brandes & Kline ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. 0872 DESTINATION ADDRESS 7179096955 PSWD/SUBADDRESS DESTINATION ID ST. TIME 11/19 10:26 USAGE T 00'35 PGS. 4 RESULT OK VILLARI,13RANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Street, Suite 400 Conshohocken, pA 19428 (610)7292900 - Phone (610)729-2910 - Fax TO: FROM: DAVE: RE: Leigh A.J. Ellis, Esquire Cindy N. Ellis, Esquire Nicole T. Mattee, Esquire November 19, 2008 Lykes vs. Yates. et al FAX: 717-909-6953 TOTAL NUMBER OF PAGES _ INCLUDING COVER SHEET. In case of any problem concerning this transmission, please call (610) 729-2900. ANY ADDITIONAL INFORMATION: 9 Reply requested. 13 Urgent! © Routine. CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential Information only for the use of the individual or entity named. If the render of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the United States Postal Service. Thank 0001 FOUIX,101) g11 nl it0imiokop Cokpohaftoa ATTORNEYS AND CCUNGfLORS AT LAW 2010 Market Street Cantp Hit. Peegsylvania 17011 Phone (717) 909-7006 Fax (717) 909-SASS CINDY N. ELLIS PHONE EXTENSION: 3 cindy@foutkrod.com November 25, 2008 Nicole T. Matteo, Esquire Villari,' Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 Re: Lykes v Yates et al FEPC #3538 Dear Ms. Matteo: Thank you for your letter of November 19, 2008- With respect to the Second Set of Request for Production of Documents regarding the photographs, as I previously indicated, I am concerned that producing these photographs would violate HIP,e,A regulations. If you have a suggestion of how to produce these photographs without violating HIPAA, I am happy to consider producing them. By way of further answer, the photographs are simply photographs patient's breasts with no further explanation. Accordingly, I am unsure of how these will aass of you in this case. Furthermore, Dr. Yates informed me that in order to compile all of the t photographs, it is necessary for him to go through every chart in his office. Obviously, this is extremely tedious and burdensome. Accordingly, if you are able to offer a solution to the HIPAA issue, perhaps we can agree to producing a sampling of the photographs. With respect to the Third Set of Request for Production of Documents, I do not believe that there is any further clarification necessary. As I indicated, Dr. Yates is not in possession of any documents that are responsive to your requests. For your information, plaintiffs were unable to find an expert in support of their case. Additionally, Har¢roMes v Yates is a public record and the information is easily accessible to you in that regard. Nicole T. Matteo, Esquire November 25, 2008 Page 2 I am hopeful that this clarification is helpful. Please feel free to contact me if I can be of further assistance. Sincerely yours, Cindy Ellis CNE/cln V B '" BRANDES OKKLINE ATTORNEYS AT LAW Nicole T. Mafteo, Esquire Member of PA and NJ Ben e-maN: nm Ye?w.COm Cindy Ellis, Esquire Foulkrod Ellis, P.C. 2010 Market Street Camp Hill, PA 17011 December 10, 2008 Re: Lykes vs. Yates, M.D., et al. Cumberland County, No. 05-5869 Our File No. 210406 Dear Ms. Ellis: This will confirm our phone conversation this morning regarding Defendants' Responses to Plaintiff's Second Set of Requests for Production of Documents, particularly Request number 3, which seeks "any and all documents and/or photographs of patients with granulation tissue and/or pregranulation tissue after surgery-to whom you recommended Gold Bond powder in the ten (10) years preceding the incident which is the subject of Plaintiffs Complaint." You indicated that Dr. Yates is not opposed to producing such documents, but has concerns with violating HIPPA. I suggested that you redact any patient-identifying information, such as names, addresses, and ID numbers from the documents. I further suggested that you black out or cover any faces or identifying marks on patients' photographs. I advised that this should allay any of defendant's concerns about a HIPPA violation. Also, you asked whether Dr. Yates could produce a sample of documents, rather than all documents relating to all patients with granulation tissue and/or pregranulation tissue after surgery to whom Dr. Yates recommended Gold Bond powder. I advised that Plaintiff will not accept a sample, as this would put defendant at an unfair advantage. As Dr. Yates has indicated through his deposition testimony that he intends to defend this case on the basis that he recommended Gold Bond powder on patients with granulation and/or pregranulation tissue in the past with successful results, Plaintiff is entitled to discovery regarding this issue. Finally, you asked what specific documents Plaintiff is seeking with regard to the Request. To clarify, Plaintiff seeks the entire chart, including any photographs of any patients with granulation tissue and/or pregranulation tissue after surgery to whom Dr, Yates recommended Gold Bond powder. I ? 4 ICE Pg. 8 TowBriCge • 161 Washington S&* Suite 400 • CVsflehw*en, PA 19428 Pf Phone: 610-729-2900 • fax 610-729-2910 December 10, 2008 Lykes vs. Yates, M.D., et al. Page 2 of 2 Please provide us with full and complete discovery responses in accordance with the above within seven (7) days of the date of this letter, otherwise we will have to seek the Court's intervention. Thank you for your anticipated cooperation. Very truly yours, qO61 nL6ZE0 Nicole T. Matteo 12/10/2008 WED 12:01 FAX villari Brandes & Kline ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. 1139 DESTINATION ADDRESS 7179096955 PSWD/SUBADDRESS DESTINATION ID ST. TIME 12/10 12:00 USAGE T 00'30 PGS. 3 RESULT OK VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Street, Suite 400 Conshohocken, PA 19428 (610)729-2900 - phone (610)729-2910- Fax TO: FROM: DATE: RE: Leigh A.J. Ellis, Esquire Cindy N. Ellis, Esquire Nicole T. Matteo, Esquire December 10, 2008 Lykes y5 Yat a et al FAX: 717-909-6955 TOTAL NUMBER OF PAGES -3_ ,INCLUDING COVER SHEET, In case of any problem concerning this transmission, please call (610) 729-2900. ANY ADDITIONAL INFORMATION: 0 Reply requested. o Urgent! la Routine. CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential information only for the use of the individual or entity named. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this tclecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the United States Postal Service. Thank 0001 ESTER J. LYKES and WILTON K. IN THE COURT OF COMMON PLEAS LYKES, husband and wife CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA CIVIL ACTION - LAW V. NO. 05-5869 JAMES A. YATES, M.D., SAUNDRA WOLFERSBERGER, R.N., PLASTIC SURGERY CENTER, LTD., and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, Defendants JURY TRIAL DEMANDED ORDER AND NOW this day of 2009, upon consideration of Plaintiffs' Motion to Strike Objections and Compel More Specific Answers to Plaintiffs' Second Request for Production of Documents Directed To Defendants and the Response thereto, it is hereby ORDERED that said Motion is DENIED. J. FOULKROD ELLIS Professional Corporation 2010 Market Street Attorney for Defendants: Camp Hill, Pennsylvania 17011 James A. Yates, M.D. Telephone: (717) 909-7006 Saundra Wolfersberger, R.N. Fax: (717) 909-6955 Plastic Suraerv C ntgr, Ltd ESTER J. LYKES and WILTON K. LYKES, husband and wife Plaintiffs V. JAMES A. YATES, M.D., SAUNDRA WOLFERSBERGER, R.N., PLASTIC SURGERY CENTER, LTD., and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c-n N C O ' NO 05-5869 `` . _ ~ JURY TRIAL DEMANDED DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO STRIKE OBIECTIONS AND COMPEL MORE SPECIFIC ANSWER TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS AND NOW come Defendants, James A. Yates, M.D., Saundra Wolfersberger, R.N. and Plastic Surgery Center, Ltd. to file the within response to Plaintiff's Motion to Strike Objections and Compel More Specific Answers as follows: 1. Admitted. 2. Admitted to the extent that the Certificate of Service indicates September 25, 2008 as the date of service. 3. The Request is a writing which speaks for itself. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. It is specifically denied that there was any deficiency in Defendants' responses and objections. It is admitted that undersigned is in possession of said correspondence. 9. Admitted. 10. Admitted. Dr. Yates is able to identify at /east some of the patients to whom he recommended Gold Bond powder in the ten (10) years proceeding. 11. Denied as stated. As expert reports have not yet been exchanged, it has not yet been determined how the case will be defended. It is admitted that Dr. Yates will testify consistent with his deposition that he recommended the use of Gold Bond powder on his patients and has achieved successful healing. 12. Admitted in part, denied in part. It is admitted that defense counsel did and still does maintain the position that production of the photographs has HIPAA implications. It is denied that Defendants have taken no position with regard to the documents requested therein. By way of further answer, the language of Plaintiff's request was broad and ambiguous and it was not undersigned's understanding that Plaintiff sought to have the entire medical charts of the patients requested. 13. Admitted in part, denied in part. It is admitted that counsel engaged in a phone conversation. It is denied that Plaintiff's counsel's December 10, 2008 is an accurate reflection of the entire conversation. By way of further answer, the December 10, 2008 correspondence is the first time that undersigned was made aware that Plaintiff sought the "entire chart, including any photographs." 14. Admitted. Undersigned maintains that Defendants have no objections to producing a sampling of the patient's photographs for whom Dr. Yates advised the use of Gold Bond. Undersigned maintains that to do so without the proper Court involvement would violate the Health Insurance Portability and Accountability Act (HIPAA) and expose Dr. Yates to a variety of potential legal issues. Undersigned has consistently advised Plaintiff's counsel of this position. Plaintiff is essentially asking for the disclosure of medical records and delicate photographs of patient's breasts from individual who have no knowledge of this lawsuit or of the fact that such information would be disclosed beyond Dr. Yates' office. Under the HIPAA Act, Plaintiff has not satisfied the requirements for production of the photographs. Section 164.512(e) of the HIPAA Act governs the disclosure of protected health information for judicial proceedings. (e) Standard: Disclosures for judicial and administrative proceedings -- (1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding: (i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or (ii) In response to a subpoena, discovery request, or other lawful administrative tribunal, if: (A) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or (B) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section. (iii) For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that: (A) The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address); (B) The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and (C) The time for the individual to raise objections to the court or administrative tribunal has elapsed, and: (1) No objections were filed; or (2) All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution. (iv) For the purposes of paragraph (e)(1)(ii)(B) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such parry a written statement and accompanying documentation demonstrating that: (A) The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or (B) The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal. (v) For purposes of paragraph (e)(1) of this section, a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that: (A) Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and (B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding. (vi) Notwithstanding paragraph (e)(1)(ii) of this section, a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(iv) of this section. 45 CFR 164.512(e). 15. Admitted in part, denied in part. Plaintiff did make the suggestion of redaction. However, redaction does not satisfy the requirements of HIPAA. M Even if redaction would satisfy the requirements of HIPAA it is unclear as to what purpose would be served by producing an entire patient chart with photographs. 16. Admitted in part. It is admitted that Defendant inquired whether a sampling of the patients could be satisfactory with the appropriate HIPAA protections. By way of further answer, undersigned explained to counsel that the process of identifying patients was overly burdensome, tedious and time consuming for Defendants' office. In order to identify patients, Nurse Wolfersberger must start with a list of each patient in the last ten years who has undergone breast reduction surgery. She then must pull each patient chart to determine if there was a wound healing issue and if Gold Bond was recommended. Undersigned has been advised that there are hundreds of records that would need to be reviewed on an individual basis. Undersigned has further been advised that the staff spent three (3) working days trying to identify patients for whom Gold Bond Powder was recommended and were only able to achieve review of patients whose last names started with A-D. Furthermore, undersigned has been advised that there could be no assurance that they identified every patient who was advised to use Gold Bond Powder. 17. Admitted in part, denied in part. It is admitted that Plaintiff's counsel advised that they would not accept a sample of documents. It is denied that a sampling puts Plaintiff at a disadvantage. Simply put, it is Dr. Yates' position that he has recommended the use of Gold Bond Powder to facilitate healing in the past and has achieved successful results (i.e. the patient did not require secondary surgery). Dr. Yates' has not made and will not make any representation that Gold Bond Powder has been successful in every instance. Regardless, it is plaintiffs theory that Gold Bond powder caused Plaintiff's post-operative problems. Accordingly, it is Plaintiff's burden to demonstrate that Gold Bond powder has a negative effect on the healing process. It is presumed that Plaintiff will retain an expert who will take such a position. Dr. Yates is entitled to rebut Plaintiff's theory with his own experiences in the successful use of Gold Bond powder. 18. Denied as stated. It is Plaintiff who has made Dr. Yates' recommendation to use Gold Bond powder a central issue in this case. Plaintiff carries the burden of proof. It is denied that Plaintiff is entitled to open-ended discovery regarding this issue. To the contrary, Plaintiff should only be entitled to discover materials that Defendants intend to present at trial on direct examination subject to the appropriate HIPAA protections. 19. Admitted. 20. Denied as stated. Harleysville Medical Associates is not a party to this action. Defendants appropriately objected to the discovery requests and stand by those objections. 22 [sic]. Denied. Defendants incorporate by reference their responses to Paragraphs 17 and 18. 23. Denied as stated. Undersigned has consistently maintained that they wished to cooperate with respect to the discovery request with consideration of not unduly burdening Defendants and not violating uninvolved individual's privacy protections. 24. Admitted that undersigned does not concur. 25. Admitted. WHEREFORE, Defendants respectfully request that Plaintiff's Motion to Compel be denied. Date: 1 1 40 0 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION By: 04-y? Leigh A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing document was served upon all counsel of record this . day of 2009, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter M. Villari, Esquire Villari, Brandes & Kline, P.C. 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (Counsel to Plaintiffs) Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (Counsel to Defendant, Holy Spirit Hospital) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal L. Nemetz, Secretary c % ESTER J. LYKES, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW JAMES A. YATES, M.D., et al, NO. 05-5869 CIVIL TERM Defendants IN RE: PLAINTIFF'S MOTION TO STRIKE OBJECTIONS AND COMPEL ANSWERS TO PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 5th day of February, 2009, after argument thereon, the plaintiff's motion to strike objections and compel answers to plaintiff's second set of requests for production of documents is denied. By the Court, Kevi , A. Hess, J. Nicole T. Matteo, Esquire For the Plaintiff ` Cindy N. Ellis, Esquire For Defendant Yates Aaron Jaymen, Esquire For Defendant Holy Spirit Hospital :bg ,S-6 -) 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 (Counsel for Plaintiffs) FOULKROD ELLIS PROFESSIONAL CORPORATION By: ( d?X-- Crystal L. Nemetz, Secretary FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants: Scott D. Mueller, M.D. and Mueller Family Practice PATRICK J. MOLLE, Plaintiff V. SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8078 JURY TRIAL DEMANDED C"3 r*t =r n cis p -_C 9.? C7 N 0 a x• N cT CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Scott D. Mueller, M.D., certifies that: w (1) a notice of intent to serve the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the day on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and :7C -n rn? --1 G ? -41 C:) -n "?- i, C) r=? (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Defendant, Scott D. Mueller, M.D., intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed. below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 5 By: -- eig A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants: Scott D. Mueller, M.D. and Mueller Family Practice PATRICK J. MOLLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT D. MUELLER, M.D. AND MUELLER FAMILY PRACTICE, NO. 09-8078 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 Defendant, Scott D. Mueller, M.D., intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: By: 01A Le 'g A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick Molle Plaintiff File No. 09-8078 VS. Scott Mueller, MD Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Graham Medical Clinic, 100 S. High Street, Newville, PA 17241 (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: Copies of any and all UPDATED medical records FROM 12/1/09 TO THE PRESENT, including, but not limited to, correspondence, progress notes, prescriptions, laboratory reports, radiology reports, etc. regarding Plaintiff, Patrick Molle, DOB:2/28/1981, SSN: 143-72-5213. at Foulkrod Ellis, 4000 Market St., Camp Hill, PA 17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Cindy N. Ellis, Esquire ADDRESS: 4000 Market Shat Camp Hill, PA 17011 TELEPHONE: 717-909-7006 SUPREME COURT ID # 83923 ATTORNEY FOR: Dr. Mueller BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 291h day of April, 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 (Counsel for Plaintiffs) FOULKROD ELLIS PROFESSIONAL CORPORATION By:_ Stacy L. Br on, Paralegal CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 25th day of May, 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: John J. Speicher, Esquire Leisawitz Heller Abramowitch Phillips, P.C. 2755 Century Boulevard Wyomissing, PA 19610 (Counsel for Plaintiffs) FOULKROD ELLIS PROFESSIONAL CORPORATION r By. r Stacy L. reon, Paralegal LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: John J. Speicher, Esquire Attorney I.D. No. 23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff PATRICK J. MOLLE Plaintiff vs. SCOTT D. MUELLER, M.D. and MUELLER FAMILY PRACTICE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8078 : JURY TRIAL DEMANDED RESPONSE OF PLAINTIFF TO DEFENDANTS' MOTION TO COMPEL DISCOVERY AND NOW comes Plaintiff, Patrick J. Molle, by and through his attorneys responding to the Motion to Compel Discovery of Defendants, Scott D. Mueller, M.D. and Mueller Family Practice ("Defendants") and in furtherance aver as follows: 1. Admitted. 2. The paragraphs of Plaintiff's Complaint, referenced in paragraph two (2) of Defendants' Motion to Compel Discovery speak for themselves. 3. Admitted in part and denied in part. It is admitted that Plaintiff received inpatient rehabilitation treatment prior to treatment with Dr. Mueller. All other averments of this paragraph are denied. 4. Denied. Plaintiff lacks knowledge or information sufficient to form a belief to admit or deny the allegations of paragraph four (4) of Defendants' Motion to Compel Discovery. 14 i,} ,9 Y ' 1p ,. {00354091 } 5. Denied. The Interrogatories and March 16, 2011 letter are written documents that speak for themselves. 6. Admitted. 7. Denied. Plaintiff's responses to Defendants' discovery requests speak for themselves. 8. Admitted in part and denied in part. It is admitted that the pages attached as Exhibit C to Defendants' Motion to Compel Discovery purport to be from May 2010. The remainder of the averment is denied. 9. Admitted in part and denied in part. It is admitted that the pages attached as Exhibit D to Defendants' Motion to Compel Discovery purport to be from May 2011. The remainder of the averment is denied. 10. Denied. It is denied that the activities displayed on Exhibit C and D are contrary to Plaintiff's claims in his Complaint. 11. Denied. It is denied that the non-public portions of Plaintiff's Facebook page could contain evidence contrary to Plaintiff's damages claims. All other averments of this paragraph are denied. 12. The averment of this paragraph is of such a nature to which no responsive pleading is required. 13. Admitted. 14. Denied. The information sought by Defendants through their Motion to Compel Discovery is not relevant to the instant matter. Plaintiff believes that Defendants' intent in pursuing the alleged discovery, without a valid basis, is vexatious, unduly burdensome, outside the scope of permissible discovery and a mere "fishing expedition" for information not material to the case at bar. {00354091 } Defendants have embarked in a massive discovery campaign intending to overwhelm Plaintiff and intrude into every aspect of his life. To date, Defendants have served Plaintiff with four (4) sets of Interrogatories and four (4) sets of Requests for Production of Documents. In addition, Defendants have served thirty-eight (38) separate subpoenas to non-party individuals and entities seeking information about Plaintiff. Further, Defendants have requested Plaintiff's counsel accept service of Subpoenas for Plaintiff's brother and mother; which request Plaintiff's counsel is unauthorized to accept. It is clear that Defendants are not only seeking relevant information but rather will not cease their expedition until this Court halts their assault. 15. Denied. It is denied that Judge Foradora of the Court of Common Pleas of Jefferson County held "that there can be no expectation of privacy with respect to information posted on an individual's social network site." Judge Foradora did explain that Facebook users are only offered a mere "modicum of privacy" for their shared information. See McMillen v. Hummingbird Speedway Inc., No. 113-2010 CD (Court of Common Pleas of Jefferson County). Plaintiff, herein, did not object to Defendants' discovery requests based on confidentiality or privilege. To the contrary, Plaintiff avers that the information sought by Defendants is outside of the scope of permissible discovery, even under the McMillen court's standard. 16. Denied. The facts that the McMillen court were presented with differ from those in this matter. Notwithstanding those crucial differences, Defendants attempt to utilize Judge Foradora's holding to support their unfettered discovery search herein. 17. Admitted. 17. (sic) Denied. The Defendants point to the McMillen case for the proposition that courts should allow them limitless access to Plaintiff's Facebook site. In McMillen, the plaintiff alleged substantial physical injuries resulting from a motor vehicle accident. The defendants {00354091 } located comments on the plaintiff's Facebook account regarding plaintiff's participation in a fishing trip and attendance at the Daytona 500 race; activities that the Court indicates would have occurred after the plaintiffs alleged injuries. The defendants, in McMillen, proposed that comments relative to the plaintiffs active lifestyle refuted his assertions that he had been substantially physically injured. The McMillen court agreed and held that access to social media sites is appropriate "[w]here there is an indication that a person's social network sites contain information relevant to the prosecution or defense of a lawsuit ...." Id. Defendants, here, fail to show there is an indication that Plaintiff s public Facebook page demonstrates a suggestion that his private Facebook page contains information relevant to their defense. Here, Defendants attempt to utilize pictures in which Plaintiff is smiling and jumping into a pool, on the public portion of Plaintiffs Facebook page, as an indication that there is permissible discovery on the non-public portion of Plaintiffs Facebook page. Presumably, Defendants believe that a picture of Plaintiff smiling or jumping into a pool show that Defendants' conduct did not cause Plaintiff to sustain mental or physical anguish, emotional or physical pain, psychological trauma and stress or diminution of his ability to enjoy life's pleasures. It is inconceivable that a picture, by itself, of an individual jumping into a pool and smiling with his child indicates that there is further evidence that emotional distress did not occur. Defendants have simply not provided any indication that they would obtain potentially admissible evidence if they are granted access to Plaintiffs Facebook page. Interestingly, Defendants have not sought information relative to when the pictures were taken. As a result, Defendants did not aver whether the pictures they reference occurred prior to, during or after Defendants' treatment of Plaintiff, merely that they were on Plaintiffs Facebook ,00354091 } located comments on the plaintiffs Facebook account regarding plaintiff's participation in a fishing trip and attendance at the Daytona 500 race; activities that the Court indicates would have occurred after the plaintiffs alleged injuries. The defendants, in McMillen, proposed that comments relative to the plaintiffs active lifestyle refuted his assertions that he had been substantially physically injured. The McMillen court agreed and held that access to social media sites is appropriate "[w]here there is an indication that a person's social network sites contain information relevant to the prosecution or defense of a lawsuit ...." Id. Defendants, here, fail to show there is an indication that Plaintiff s public Facebook page demonstrates a suggestion that his private Facebook page contains information relevant to their defense. Here, Defendants attempt to utilize pictures in which Plaintiff is smiling and jumping into a pool, on the public portion of Plaintiffs Facebook page, as an indication that there is permissible discovery on the non-public portion of Plaintiffs Facebook page. Presumably, Defendants believe that a picture of Plaintiff smiling or jumping into a pool show that Defendants' conduct did not cause Plaintiff to sustain mental or physical anguish, emotional or physical pain, psychological trauma and stress or diminution of his ability to enjoy life's pleasures. It is inconceivable that a picture, by itself, of an individual jumping into a pool and smiling with his child indicates that there is further evidence that emotional distress did not occur. Defendants have simply not provided any indication that they would obtain potentially admissible evidence if they are granted access to Plaintiff s Facebook page. Interestingly, Defendants have not sought information relative to when the pictures were taken. As a result, Defendants did not aver whether the pictures they reference occurred prior to, during or after Defendants' treatment of Plaintiff, merely that they were on Plaintiffs Facebook ,00354091 } . page in May, 2010 and May 2011. Clearly, Defendants do not consider the date the pictures were taken relevant to whether they are entitled to limitless access to Plaintiff's life. 18. Admitted in part and denied in part. It is admitted that, at this point, the Pennsylvania courts have not acknowledged a privilege for social media communications. All other averments of the paragraph are denied. 19. The nature of paragraph nineteen (19) is such that no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order denying the Motion to Compel Discovery of Defendants. LEISAWITZ HELLER ABRAMnWITCH PHILLIPS, P.C. B JO N J. SP CH R, ESQUIRE Attorney I.D. #23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff {00354091 } PATRICK J. MOLLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. SCOTT D. MUELLER, M.D. CIVIL ACTION -- LAW : NO. 09-8078 and MUELLER FAMILY PRACTICE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Lisa M. Zieckler, a legal secretary with the law firm of Leisawitz Heller Abramowitch Phillips, P.C., hereby certify that I served a true and correct copy of "Plaintiffs Response to Defendants' Motion to Compel Discovery" by mailing same by United States First Class Mail, postage prepaid, on the 7rh day of June, 2011, to the following: Leigh A.J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 LEISAWITz HELLER ABRAMOWITCH PHILLIPS, P.C. By: Lisa M. Zieckler, gal Secretary 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 (00354091 ) y ?. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 CR I NAL IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -VS- CASE NO: 09-8 77 C SCOTT D. MUELLER, MD. t 3=D x ? 55 r-0 S Q As a prerequisite to service of a subpoena for documents and thin s to Rule 4009.22 77 MCS on behalf of LEIGH A.J. ELLIS, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/07/2011 MCS on behalf of LEIGH A.J. ELLIS, ESQ. /j Attorney for DEFENDANT L MCS # 09927-L45 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: PATRICK MOLLE -VS- SCOTT D. MUELLER, MD. COURT OF COMMON PLEAS TERM, CASE NO: 09-8078 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BOROUGH OF CARLISLE POLICE POLICE RECORDS MIDDLESEX POLICE DEPT POLICE RECORDS TO: JOHN J. SPEICHER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH A.J. ELLIS, 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: 05/16/2011 MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT CC: LEIGH A.J. ELLIS, ESQ. - 3687 THE MCS GROUP INC. JOHN J. SPEICHER, ESQ. 1601 MARKET STREET LEISAWITZ HELLER #800 2755 CENTURY BLVD PHILADELPHIA, PA 19103 SPRING RIDGE WEST (215) 246-0900 WYOMISSING, PA 19610 MCS # 09927-COI nFm COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BOROUGH OF CARLISLE POLICE (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: LEIGH A.J. ELLIS, ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 0 7 Z011 Date: S " f 1 Seal of the Court BY T COURT- -C-4 9 Prothonotary/ lerk, Civil Division Deputy 09927-45 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR BOROUGH OF CARLISLE POLICE DEPARTMENT 240 LINCOLN STREET CARLISLE, PA 17013 RE: MCS # 9927-L45 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 Please provide all accident or incident reports, including the investigative report. This should contain all records in your possession, all archived records, or 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 # 09927-L45 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PATRICK MOLLE TERM, CUMBERLAND -vs- CASE NO: 09-8078 SCOTT D. MUELLER, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH A.J. ELLIS, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/07/2011 MCS on behalf of LEIGH A.J. ELLIS, ESQ. Attorney for DEFENDANT MCS # 09927-L46 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK MOLLE vs. SCOTT D. MUELLER, MD. File No. 09-8078 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for MIDDLESEX POLICE DEPT (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: LEIGH A.J. ELLIS. ESO. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 07 2011 Date: I a-/( Seal of the Court BY COURT: Pro otary/Cler Civil Division Deputy 09927-46 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR MIDDLESEX POLICE DEPT 350 N. MIDDLESEX ROAD CARLISLE, PA 17013 RE: MCS # 9927-L46 PATRICK MOLLE 901 HILLSIDE DR. CARLISLE, PA 17013 Social Security #: XXX-XX-5213 Date of Birth: 02-28-1981 Please provide all accident or incident reports, including the investigative report. This should contain all records in your possession, all archived records, or 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 # 09927-L46 SU10 1J LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: John J. Speicher, Esquire Attorney I.D. No. 23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff OTH0N 0 TAR ; CUMBERLAND COUNT" ?ENNSYLVANIA PATRICK J. MOLLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW vs. NO. 09-8078 SCOTT D. MUELLER, M.D. and JURY TRIAL DEMANDED MUELLER FAMILY PRACTICE Defendants PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-captioned matter as SETTLED, DISCONTINUED and ENDED, with prejudice. LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. BY: Joh . Speicher, re Attorney I.D. #23275 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff {00376662 I PATRICK J. MOLLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -- LAW vs. NO. 09-8078 SCOTT D. MUELLER, M.D. and MUELLER FAMILY PRACTICE JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Lisa M. Zieckler, a legal secretary with the law firm of Leisawitz Heller Abramowitch Phillips, P.C., hereby certify that I served a true and correct copy of the "Praecipe for Discontinuance" by mailing same, by United States First Class Mail, postage prepaid, on the Stn day of September, 2011, to the following: Leigh A.J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 LEISAWITz HELLER ABRAMOWITCH PHILLIPS, P.C. By: C.,4a. r' Ce,' Lisa M. Zieckler, egal Secretary 2755 Century Boulevard Wyomissing, PA 19610 (610) 372-3500 {00376662 1