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Home My WebLink About01-1252IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE : F. REIMER, his wife, : 22 Meadow Drive : Camp Hill, PA 17011 : Plaintiffs : vs : STEVEN WOLF, M.D. : 875 Poplar Church Road : Camp Hill, PA 17011-2208 : MICHAEL A. DEMICHELE, M.D. : LAWRENCE B. ZIMMERMAN, M.D. : PETER M. BRIER, M.D. and : INTERNISTS OF CENTRAL PA., LTD. : Harrisview Professional Center : 108 Lowther Street : Lemoyne, PA 17043-0107 : Defendants : OF CUMBERLAND COUNTY, No. Civil Action - Law Jury Trial Demanded PENNSYLVANIA PRAECIPE FOR SU~4ONS TO THE PROTHONOTARY OF SAID COURT: ISSUE SUMMONS IN CIVIL ACTION IN THE ABOVE CASE. XX Writ of Summons shall be issued Date: and forwarded to Sheriff. Daniel F. Wolfson, Esquire Supreme Court I. D. Lewis H. Markowitz, Esquire Supreme Court I.D. 07491 Wolfson & Associates, P. C. 267 East Market Street York, PA 17403 (717) 846-1252 SUMMONS IN CIVIL ACTION TO: STEVEN WOLF, M.D., MICHAEL A. DeMICHELE, M.D., LAWRENCE B. ZIMMERMAN, M.D., PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Cu~t Lon~, Prothonotary 1 Deputy,' POST & SCHELL, P.C. BY: EVAN BLACK I.D. St 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARy: Kindly enter my appearance on behalf of Defendants, Michael A. Demichele, M.D.; Lawrence B. Zimmerman, M.D.; Peter M. Brier, M.D.; and Internist of Central PA., LTD., in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. EVAN BL/~CK, ESQUIRE CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Steven Wolf, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 . Freunde~m'alegal POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this ~_~ay of ~ ,2001, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. P~othonotary d~7 POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANT)VIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. iNTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and iNTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffto file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and con'ect copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Steven Wolf, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 -2- SHERIFF'S RETURN - REGULAR CASE NO: 2001-01252 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REIMER ERNST A ET AL VS WOLF STEVEN MD ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within WRIT OF SUMMONS was served upon WOLF STEVEN M D the law, DEFENDANT at 0015:22 HOURS, at 875 POPLAR CHURCH ROAD on the 7t~ day of Ma_~rch 2001 CAMP HILL, PA 17011-2208 CHRISTA BEIDEL (RECEPTIONIST) by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing He~ attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/13/2001 MARKOWITZ ~ By: - D~p~y'~-heriff SHERIFF'S CASE NO: 2001-01252 p COMMONWEALTH OF PENNSYLVANIA: COUI~TY OF CUMBERLAND REIMER ERNST A ET AL VS WOLF STEVEN MD ET AL RETURN - REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served Upon DEMICHELE MICHAEL A the DEFENDANT , at 0015:42 HOURS, on the _Tth day of March at HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER ST LEMOYNE, PA 17043-0107 by handing to LORI WEBBER (RECEPTIONIST) 2001 a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service Affidavit 9.92 .00 Surcharge 10.00 .00 25.92 Sworn and Subscribed to before me this 2___~-~ day of ~ ~w~' A.D. SO Answers:. R. Thomas Kline 03/13/2001 MARKOWITZ & By: /~eP~Sh~rl----~'f SHERIFF'S RETURN - REGULAR CASE NO: 2001-01252 p COMMONWEALTH OF PEN-NSYLVA/qIA: COIINTY OF CUMBERLAND REIMER ERNST A ET AL VS WOLF STEVEN MD ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ZIMMERMAN LAWRENCE B M D the DEFENDANT at 0015:45 HOURS, on the 7th day of ~arch at HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER STREET 2001 LEMOYNE, PA 17043 by handing to LORI WEBBER (RECEPTIONIST) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 25.92 Sworn and Subscribed to before me this ~ day of ~-~o~__~-e~/ A.D. /P~othonotar~ So Answers: R. Thomas Kline 03/13/2001 MARKOWITZ By: /~epnEy Sh~riff SHERIFF'S RETURN - REGULAR CASE NO: 2001-01252 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REIMER ERNST A ET AL VS WOLF STEVEN MD ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BRIER PETER M M D the DEFENDANT at 0015:45 HOURS, at HARRISVIEW PROFESSIONAL CENTER LEMOYNE, PA 17043-0107 on the 7th day of March 108 LOWTHER STREET by handing to LORI WEBBER (RECEPTIONIST) a true and attested copy of WRIT OF SUMMONS together with 2001 and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~ ~'~/ A.D. ~r~thonotary ~- / So Answers: 03/I3/2001 MARKOWITZ & ~ By: pu~y S~eriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-01252 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REIMER ERNST A ET AL VS WOLF STEVEN MD ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon INTERNISTS OF CENTP3AL PA LTD the LEMOYNE, PA 17043 DEFENDANT at 0015:45 HOURS, on the 7th day of March at HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER STREET by handing to LORI WEBBER (RECEPTIONIST) a true and attested copy of WRIT OF SUMMONS together with , 2001 and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 --16.00 So Answers: R. Thomas Kline 03/13/2001 M~ARKOWITZ & ~D~e u~ Sworn and Subscribed to before By: me this ~ day of ~ o2~-o j A.D. / P~o~ho~ot~y ~ ~---~ POST & SCHELL, P.C.' BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR'DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Ernst A. Reimer and Catherine Reimer c/o Lewis H. Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 NOTICE Please be advised that a Judgment of Non Pros was entered against you in favor of Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M D and Internists of Central PA., Ltd pursuant to Pa. R.C.P. 1037(a) for failure to comply with the Local Rules of Court. Date: J/A,O l 020, { Cumberland County POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZI'MMERMAN, M.D.; PETER M. BRIER, M.D.; and iNTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. iNTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT NON PROS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plaintiff, has failed to file a Complaint and it is hereby requested that you kindly enter a judgment of non pros against Plaintiff and in favor of Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Intemists of Central PA., Ltd., pursuant to the provisions of Pa. R.C.P. No. 1037(a). Defendant contends that: Exhibit "A") 2. A Rule to File Complaint within twenty (20) days was issued on March 22, 2001 (See By letter dated March 26, 2001, the Rule to File Complaint was served upon Plaintiffs Counsel. (See Exhibit "B") 3. By letter dated April 2, 2001, moving Defendants granted Plaintiffs request for a 45 day extension of time to file a Complaint. A Complaint was due on June 14, 2001. (See Exhibit 4. That on June 7, 2001, a Important Notice was sent to Plaintiff's counsel advising to file a Complaint in 10 days. (See Exhibit "D") 5. On or around June 11,2001, Plaintiff's Counsel requested a second extension of time to file a Complaint. Moving Defendant's did not grant Plaintiff's request. (See Exhibit "E") 6. A Complaint has not been filed since the ten day notice has been served and more than ten days has elapsed. 7. Nearly 3 months have elapsed since service of the Rule to File Complaint and no Complaint has been filed. WHEREFORE, Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd. respectfully requests this Honorable Court to issue a Judgement of Non Pros against Plaintiffs and in favor of the aforesaid named Defendant. Respectfully submitted, POST & SCHELL, P.C. By: A/A~ttoAN BLACK, ESQUIRE mey for Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd. -2- Exhibit A POST & sCHELL, P,C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M,D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his Wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. 1N THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this ~,~ay of ~_~, 2001, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. Prothonotary TRUE COPY FROM RECORD ia T~l~y ~vh~eof, I he~ unto set m~ hanoi POST & SCIIELL, P.C. BY: EVAN BLACK I.D~ # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 1701'1 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. RE1MER and CATItERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. 1N THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW (22 -- :~ JURY TRIAL DEMANDF_.L~Z -- PRAECIPE FOR ISSUANCE OF RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. POST & SCHELL, P.C. EVAN BLACK, ESQUIRE CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street Exhibit B POST ~, SCHELL, P.C. A~ORNEYS AT LAW 240 ORANDVIEW AVENUE CAMP HILL, PA 170 I I March 26, 2001 Daniel F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 RE: Reimer v. DeMichele, M.D., et al. Dear Mr. Wolfson: Please find enclosed a signed Rule to File Complaint within twenty (20) days after service of this Order. I have also enclosed a time-stamped copy of our Entry of Appearance for your records. If you should have any questions regarding this matter, please contact this office. Very truly yours, JMF/jmf Enclosure cc: Steven Wolf, M.D. Joy M. Freundel Paralegal Exhibit C POST ~, SCH~'LL, P.O. ATTORNEYS AT LAW 240 ORANDVIEW AVENUE CAMP H{LL, PA { 70 I I April 2, 2001 Lewis H. Markowitz, Esquire 2 West Market Street P.O. Box 152 York, PA 17405-0152 RE: Reimer v. DeMichele, M.D. Dear Lou: This will confirm my discussion with Sharon of your office on March 30, 2001, that you are requesting an extension of time to file a Complaint and Answer Discovery. I am happy to offer an extension of 45 days from March 30, to June 14, 2001, in which to have your Complaint and Answers to Discovery. Best wishes for a complete and speedy recovery. Very truly yours, EVAN BLACK EB/mc bcc: Joy Freundel, Paralegal P.S. - Joy: Mark you calendar accordingly. Exhibit 800 ~IOHN f KENNEDY BLVD CNG / {~ONIINION TOWER PHILADELPHIA, PA I 9 103-7480 625 L]BER~¢ AVE SUITL 2800 POST ~ SCHELL, P.C. Aq~'ORNEYS AT LAW CAMP HILL, PA 170 I I June 7, 2001 1245 $ CEDAR CREST BOULEVARD SUIT~ 300 ALLENTOWN PA [8103 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 RE: Reimer v. DeMichele, M.D., et al. Dear Mr. Markowitz: Please find enclosed an Important Notice for failure to file a complaint. If you should have any questions regarding this matter, please contact this office. Very truly yours, EVAN BLACK /jmf Enclosure cc: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire (at Markowitz & Krevsky, P.C.) Lewis H. Markowitz, Esquire (at Markowitz & Markowitz, P.C.) Craig A. Stone, Esquire POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (7t7) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. P. ElMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Ernest Reimer and Catherine Reimer c/o Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 ~, DATE Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky, P.C. 208 W. Market Street York, PA 17401 OF NOTICE: June 7, 200 ! Lewis Markowitz, Esquire Markowitz & markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405-0152 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT AS REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGI~TS. ~OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 (800)990-9108 CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law firm of Post & Schell, P.C, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky 208 W. Market Street York, PA 17401 Lewis Markowitz, Esquire Markowitz & Markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405-0152 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110~0950 y-~Freundel, P~r-ralegal -3- Exhibit E POST ~, $CHELL, P.C. ATTORNEYS AT LAW 240 GRANDVIEW AVENUE CAHP HILL, PA 1701 I Via Facsimile & Regular Mai! Daniel Wolfson, Esquire WOLFSON & ASSOCIATES 267 East Market Street York, PA 17403 June 1 I, 2001 Via Regular Mail. Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 ~Via Facsimile & Regular Mail Lewis H. Markowitz, Esquire MARKOWITZ & MARKOWITZ, P.C. 208 East Market Street York, PA 17401 RE: Reimer v. DeMichele, M.D., et al. Dear Counsel: I am unable to extend any additional time to the Plaintiffs in which to file a complaint. My clients have instructed me that we should receive a complaint no later than June 14, 2001, which was your original request for an extension on which I was happy to grant you. The additional 45 days would have been sufficient for your clients to obtain new counsel, at no time before June 8, 2001, did you indicate to me that you were considering leaving this case. Please have the complaint filed and served in accordance with our agreement. Very truly yours, /imf EVAN BLACK Daniel Wolfson, Esquire June ll, 2001 Page 2 bcc: Timothy R. Santomieri Michael A. DeMichele, M.D. Lawrence B. Zimmerman, M.D. Peter M. Bher, M.D. and Internists of Central PA, Ltd. (Jane Nye) CERTIFICATE OF SERVICE I, Karen R. Mills, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregong document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. REIMER and CATHERINE F. REIMER, his wife STEVEN WOLF, M.D. ET AL NO. 01-1252 NOTICE Civil Action - Law Jury Trial Demanded You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cmberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (800) 990 9108 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o nofificacion por cualquier dinero reclamado en la demanda o pot cualquier otra queja o compensaction reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYO O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs vs STEVEN WOLF, M.D. MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. Defendants OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1252 Civil Action - Law Jury Trial Demanded COMPLAINT 1. Plaintiffs, Ernst A. Reimer and Catherine F. Reimer, are adult individuals, who are husband and wife, and reside at 22 Meadow Drive, Camp Hill, Pennsylvania, 17011. 2. Defendant, Steven Wolf, M.D., is a physician specializing in orthopedic medicine and surgery with an office at 875 Poplar Church Road, Camp Hill, Pennsylvania 17011. 3. At all times Defendant Wolf held himself out as qualified to perform orthopedic surgery and to such surgery. 4. Defendant, Michael A. diagnose and treat the sequelae of DeMichele, M.D., is a physician specializing in Internal Medicine, with an office at Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 5. At all times material to this action, Defendant, DeMichele, was an agent, servant or employee of Defendant, Internists of Central PA, LTD., and acting within the scope of his agency or employment. 6. At all times material to this action, Defendant, held himself out as qualified and competent to diagnose inflaramatory disease processes such as Arachnoiditis. 7. Defendant, Laurence C. Zimmerman, M.D., is a specializing in Internal Medicine, with an Professional Center, 108 Lowther Street, Lemoyne, 8. At all times material to this action, was an agent, servant or employee of Defendant, DeMichele, and treat physician office at Earrisview Pennsylvania 17043. Defendant, Zimmerman, Internists of Central PA, LTD., and acting within the scope of his agency or employment. 9. At all times material to this action, Defendant, Zimmerman, held himself out as qualified and competent to diagnose and treat inflammatory disease processes such as Arachnoiditis. 10. Defendant, Peter M. Brier, M.D., is a physician specializing in Internal Medicine, with an office at Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 11. At all times material to this action, Defendant, Brier, was an agent, servant or employee of Defendant, Internists of Central PA. LTD., and acting within the scope of his agency or employment. 12. At all times material to this action, Defendant, Brier, held himself out as qualified and competent to diagnose and treat inflammatory disease processes such as Arachnoiditis. 13. Defendant, Internists of Central PA, LTD., is a Pennsylvania corporation or Limited Partnership, with offices at 108 Lowther Street, Lemoyne, Pennsylvania 17043. 14. At all times material Defendant, Internists of Central PA, LTD., treated Plaintiff Ernst A. Reimer through its agents, servants or employees, including but not limited to Defendants DeMichele, Zimmerman and Brier. 15. At all times material to this action, Defendant, Internists LTD., held its employees or agents as being qualified and treat inflammatory disease processes such as of Central PA, to diagnose Arachnoiditis. 16. On or about November 24, 1998, Defendant Wolf performed a cervical fusion on Plaintiff, Ernst A. Reimer. 17. On or about December 5, 1998, Defendant Wolf performed additional spinal surgery on Mr. Reimer. 18. On or about December 9, 1998, Mr. Reimer developed a staph infection which was definitively diagnosed on December 17, 1998. 19. Mr. Reimer was treated with antibiotics and remained hospitalized until January 27, 1999, at Holy Spirit Hospital, when he was transferred to HealthSouth for rehabilitation purposes. 20. Mr. Reimer continued as a patient at HealthSouth until his discharge on February 13, 1999. 21. During his hospitalization at Holy Spirit, Mr. Reimer was attended to and treated by Drs. DeMichele and Wolf. 22. Mr. Reimer's convalescence was sporadic because of pain which Defendants attributed to the staph infection. 23. On or about March 8, 1999, Defendant Wolf examined Mr. Reimer and concluded that the staph had been cured and advised Plaintiffs that the pain and itchiness Mr. Reimer had been suffering is from bone-on-bone irritation. 24. Because of the increased pain and itchiness, Mr. Reimer on March 18, 1999, again discussed his physical problems with Defendant Wolf. Dr. Wolf after listening to the complaints of pain prescribed medication to relieve the pain. 25. Mr. Reimer's pain intensified and he contacted Defendant DeMichele, who prescribed more pain medication. 26. The pain, nausea and vomiting Mr. Reimer was experiencing continued unabated. Finally, on March 25, 1999, he contacted Defendant Internists of Central PA, LTD., who directed him to come in immediately. 27. Mr. Reimer's weight was checked and it was noted he had lost sixteen pounds since his previous appointment, less than three weeks prior. 28. Defendant Brier examined Mr. Reimer and admitted him to Holy Spirit Hospital, where he remained until he was transferred to HealthSouth on or about April 5, 1999. 29. Mr. Reimer was discharged from Rehab South on April 16, 1999. 30. Mr. Reimer's complaints to Defendants, 31. Finally, condition DeMichele, on April 22, continued to deteriorate despite Brier, Zimmerman and Wolf. 1999, Defendant Wolf ordered tests to be performed, including a myleogram and a CAT scan. 32. On April 23, 1999 Defendant, Zimmerman, advised Plaintiff that a diagnosis had been made of Mr. Reimer's condition but failed to disclose the condition. Finally, Defendant, Wolf, advised Plaintiffs that Mr. Reimer was suffering from Arachnoiditis. 33. Mr. Reimer has suffered, is now suffering, and will continue to suffer both physical and mental pain and be deprived of the enjoyment of life's pleasures as a result of the negligence of the Defendants set forth herein. 34. As a result of the negligence of Defendants, set out herein, Plaintiff has been forced to expend monies on healthcare providers, medication, nursing help and care in a sum in excess of $20,000 and will, in the future, incur further expenses of this nature in an effort to treat and regulate his pain and suffering. 35. The amount in controversy exceeds the limits requiring referral to Arbitration under the Local Rules of Court. 36. Jury trial is demanded on all issues. COUNT I ERNST A. REIMER V STEVEN WOLF, M.D. 37. The allegations of Paragraphs 1 through 26 are incorporated by reference. 38. The negligence of Defendant, Wolf, consisted, inter alia, of the following: 38.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 38.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 38.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 38.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 38.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 38.6 Failing to employ the skill and knowledge of a specialist in orthopedic medicine and surgery. 38.7 Failing to use such care and skill as a reasonable practitioner of orthopedic surgery and medicine would utilize under circumstances similar to Mr. Reimer. 39. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT II ERNST A. REIMER v. MICHAEL A. DeMICHELE, M.D. 40. The averments of Paragraphs 1 through 39 are incorporated herein by reference. 4~. The negligence of Defendant, DeMichele, consisted, inter alia, of the following: 41.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 41.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 41.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 41.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 41.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 41.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 41.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 42. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, 43. herein by reference. 44. The negligence alia, of the following: has experienced the harm set forth above. COUNT III ERNST A. REIMER v LAWRENCE C. ZIMMERMAN, M.D. The averments of Paragraphs 1 through 42 are incorporated of Defendant, Zimmerman, consisted, inter 44.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 44.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 44.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 44.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 44.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 44.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 44.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 45. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT IV ERNST A. REIMER v PETER M. BRIER, M.D. 46. The averments of Paragraphs 1 through 45 are incorporated herein by reference. 47. The negligence of Defendant, Brier, consisted, inter alia, of the following: 47.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 47.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 47.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 47.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 47.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 47.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 47.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 48. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT V ERNST A. REIMER v. INTERNISTS OF CENTRAL PA, LTD. 49. The averments of Paragraphs 1 through 48 are incorporated herein by reference. 50. The Defendant, Internists of Central PA, LTD., is liable for the negligence of its employees, agents, or servants as is set out above. 51. As a result of the negligence of its employees, agents, or servants, Defendant, Internists of Central PA, LTD., Plaintiff Ernst 52. The averments of Paragraphs 1 through 51 are incorporated herein by reference. 53. As a result of the Defendants, jointly and severally, Plaintiff Catherine F. Reimer has been deprived of the services of her COUNT VI CATHERINE F. REIMER v. ALL DEFENDANTS LOSS OF CONSORTIUM A. Reimer has experienced the harm set forth above. husband and the comfort and pleasures of marriage. WHEREFORE, Plaintiff Ernst A. Reimer demands judgment against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, together with interest, delay damages and costs. WHEREFORE, Plaintiff Catherine F. Reimer demands judgment against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, together with interest, delay damages and costs. MARKOWITZ & MARKOWITZ, P.C. Lewis H. Markow~tz, Esq. Supreme Court~491 Attorney for Pl~iffS 606 Argent Way Bluffton, SC 29910 (717) 843-705-9577 VERIFICATION I, Lewis H. Markowitz, make this verification pursuant to Pa.R.C.P. No. 1024(c) because the Plaintiffs' verification cannot be made by them in time for the filing of the pleading. I make this verification based on information and belief from information that has been furnished to me by the Plaintiffs. When the Plaintiffs sign their verification, I will substitute the verification of the Plaintiffs for my own. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unsworn falsification to authorities. Lewis H. Markowit6g~squire Dated: CERTIFICATE OF SERVICE AND NOW, TO WIT, this ~day of~~ , 200~, I, LEWIS H. MARKOWITZ, ESQUIRE, hereby certify that I have this date served a true and correct copy of the foregoing by depositing same in the United States Mail, postage prepaid at York, Pennsylvania, addressed to counsel of record as follows: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 MARKOWITZ & MARKOWITZ, P.C. By: Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. 1N THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS MICHAEl, A. DEMICHELE: LAWRENCE C. ZIMMERMAN~ M.D, PETER M. BRIER~ M.D. AND INTERNISTS OF CENTRAL PA~ LTD. TO PLAINTIFFS' MOTION TO REMOVE JUDGMENT NON PROS AND NOW come the above Defendants, by and through their attomeys Post & Schell, P.C., and for their response to Plaintiffs' Motion to Remove Judgment Non Pros, states as follows: 1. Admitted only that counsel for Responding Defendants mailed a ten (10) day notice of intent to enter judgment (referenced as Exhibit "D" in Paragraph 1 of Plaintiffs' Motion to Remove Judgment). A copy of said document and accompanying cover letters are attached to this response as Exhibit "A." As evidenced by the cover letter and Certificate of Service to Exhibit "A," Plaintiffs' counsel was served at two (2) separate addresses in York, Pennsylvania and a residence in South Carolina. This service was accomplished through the regular mail. Responding Defendants had no knowledge as to the exact date which Plaintiffs' counsel, Attorney Markowitz, received this document. 2. Admitted only that the correspondence referenced in Exhibit "A" to Plaintiffs' Motion was sent via facsimile on June 11, 2001. 3. Denied that service of the correspondence of June 11, 2001, was a nullity, as the Rules of Civil Procedure do not preclude corresponding with opposing counsel by facsimile. 4. Admitted to the extent that Pa. R.C.P. 440 speaks for itself. 5. Admitted that Plaintiffs' Complaint was filed with the Cumberland County Prothonotary on June 21, 2001, as indicated by the Cumberland County Prothonotary docket entries attached as Exhibit "B." It is denied that this Complaint was timely filed, as the date of the ten (10) notice of intent to enter judgment was June 7, 2001, the same date that said notice was mailed Plaintiffs' counsel (Exhibit "A"). The notice specifically states as follows: "Unless you act within ten (10) days from the flaLe~ai,s~Ii~, a judgment may be entered against you without a hearing...." (Emphasis added). The language of this notice to enter judgment is in conformity with the requirements of Pa. R.C.P. 237.4 and 237.1 as the ten (10) day period for filing a Complaint in response to the Motion expired on June 17, 2001, Plaintiffs' Complaint was not timely filed. 6. It is admitted that the Certificate of Service of the Complaint indicates it was mailed to counsel for Defendants on June 20, 2001. For further response, the Complaint was received by defense counsel on June 21, 2001. 7. Admitted. For further response, judgment of non pros was entered by the Prothonotary on June 19, 2001, as evidenced by the docket entries attached as Exhibit "B." 8. Admitted only that notice of entry of judgment non pros was mailed to Plaintiffs' counsel on June 19, 2001, as evidenced by the docket entries attached as Exhibit "B." For further response, correspondence on June 19 and June 20 to Plaintiffs' counsel's various addresses reflects -2- that notice of entry of judgment was forwarded on those dates as well. Defendants are without knowledge of the date that counsel received notice of entry of judgment, Defendants can neither admit or deny this averment. 9. Denied. It is specifically denied that Plaintiffs are filing their Motion to Open Judgment within ten (10) days of entry of said judgment. For further response, the Cumberland County docket entries attached as Exhibit "B" reflect that the Motion to Remove Judgment Non Pros was filed on July 9, 2001, roughly 20 days following entry of judgment. 10. Admitted to the extent that Pa. R.C.P. 237.3(b) speaks for itself. It is specifically denied that Plaintiffs' Complaint states a meritorious case. WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiffs' Motion to Remove Judgment Non Pros as being untimely filed. Respectfully submitted, POST & SCHELL, P.C. EVAN BLACK, ESQ. Attorney I. D. #17884 JOHN R. KANTNER, ESQ. Attorney I. D. #75741 Date: Attorneys for Defendants Michael A. DeMichele, M. D., Lawrence C. Zimmerman, M. D., Peter M. Brier, M. D. and Internists of Central PA -3- Exhibit A POST ~. $CHELL, P.C. ATTORNEYS AT LAW ::'40 GRANDVIEW AVENUE CAMP HILL, PA 170 I I June 7,2001 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 RE: Reimer v. DeMichele, M.D., et al. Dear Mr. Markowitz: Please find enclosed an Important Notice for failure to file a complaint. If you should have any questions regarding this matter, please contact this office. Very truly YOURS, EVAN BLACK /imf Enclosure cc: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire (at Markowitz & Krevsky, P.C.) Lewis H. Markowitz, Esquire (at Markowitz & Markowitz, P.C.) Craig A. Stone, Esquire POST & SCHELL, P.C- BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRiER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaimiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Ernest Reimer and Catherine Reimer c/o Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 ~, DATE Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky, P.C. 208 W. Market Street York, PA 17401 OF NOTICE: June 7. 2001 Lewis Markowitz, Esquire Markowitz & markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405-0152 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT AS REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHQUT ,A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C~ERTIFICATE_oOF SERVICE I, Joy M. Freundel, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky 208 W. Market Street York, PA 17401 Craig A. Stone, Esquire MeRe, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Lewis Markowitz, Esquire Markowitz & Markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405-0152 -3- Exhibit B PYSS10 Cumberland County Prothonotary,s Office Page 1 Civil Case Inquiry 2001-01252 REIMER ERNST A ET AL (vD) WOLF STEVEN MD ET AL Refer'ence No..: Case Type ..... : WRIT OF S.0U~0ONS Filed ........ : 3/05/2001 Judgmen[ ...... Time ......... : 3:52 Judge Assigned: ' Execution Date 0/00/0000 Disposed Desc.: Jury Trial .... Disposed Date. 0/00/0000 ............ Case Comments ............. Higher Crt 1.: Higher Crt 2.: General Index Attorney Info REIMER ERNST A PLAINTIFF WOLFSON DANIEL F 22 MEADOW DRIVE CAMP HILL PA 17011 REIMER CATHERINE F PLAINTIFF WOLFSON DANIEL F 22 MEADOW DRIVE CAMP HILL PA 17011 WOLF STEVEN M D DEFENDANT STONE CRAIG A 875 POPLAR CHURCH ROAD CAMP HILL PA 17011 2208 DEMICHELE MICHAEL A DEFENDANT BLACK EVAN HARRISVIEW PROFESSIONAL CENTER 108 OWTHER STREET LEMOYNE PA 17043 0107 ZIMMERMAN LAWRENCE B M D DEFENDANT BLACK EVAN HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER STREET LEMOYNE PA 17043 BRIER PETER M M D DEFENDANT BLACK EVAN HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER STREET LEMOYNE PA 17043 0107 INTERNISTS OF CENTRAL PA LTD DEFENDANT BLACK EVAN HARRISVIEW PROFESSIONAL CENTER 108 LOWTHER STREET LEMOYNE P1 70430 0107 Judgment Index Amount Date Desc REIMER ERNST A 6~19f2001 JUDGMENT OF NON PROS REIMER CATHERINE F 6/19/2001 JUDGMENT OF NON PROS * Date Entries 3/05/2001 ............. FIRST ENTRY .............. ~_t~_~{~_{?~_~_?{_~__U~_ONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED 3/13/2001 SHERIFF'S RETURN FILED ............................................ Litiqant. WOLF STEVEN M D SERVED ~7/01 WRIT OF SUMMONS CAMP HILL PA DED TO CHRISTA BEIDEL (RECEPTIONIST). . Costs ..... $37.30 Pd By: MARKOWITZ & MARKOWITZ 03/13/2001 3/13/2001 'S SHERIFF FILE RETURNED Litiqant.: DEMICHELE MICHAEL A SERVED : ~1 LEMOYNE Pa WRIT OF SUMMONS : D TO LORI WEBBER (RECEIPTIONIST) Costs .... : $25.92 Pd By: MARKOWITZ & MARKOWITZ .................. 03/13/2001 3/13/2001 SHERIFF'S RETLrR/~ F~ ............................................. Litiqant.: ZIMMERM3~N LAWRENCE B M D SERVED ~.~2Z~l LEMOYNE PA WRIT OF SUMMONS : ~ND~D TO LORI WEBBER (RECEPTIONIST) ~?~2222[_$25.92 Pd By: MARKOWITZ & MARKOWITZ 03/13/2001 3/13/2001 SHERIFF'S R~6~-~ ............................................. PYS510 Cumberland County Prothonotarv,~ Office Page Civil Case Inquiry ~ - 2 2001-01252 REIMER ERNST A ET AL (vs) WOLF STEVEN MD ET AL Referenc~ No..: Case TyPe ..... : WRIT OF SUMMONS Filed ........ : Judgmen% ...... 00 Time ......... : Judge Assigned: ' Execution Date Disposed Desc.: Jury Trial .... ............ Case Comments .............. Disposed Date. Higher Crt 1.: Litiqant.: BRIER PETER M M D Higher Crt 2.: SERVED : 3/07/01 LEMOYNE PA WRIT OF SUMMONS Costs .... i HANDED TO LORI WEBBER (RECEIPTIONIST) . $16.00 Pd By: MARKOWITZ & MARKOWITZ 03/13/2001 Litigant.: ~,R/~ISTS OF CENTRAL PA LTD SERVED : p_fpT/01 LEMOYNE PA WRIT OF SUMMONS : HANDED TO LORI WEBBER (RECEPTIONIST) Costs .... : $16.00 Pd By: MARKOWITZ & MARKOWITZ 03/13/2001 3/22/2001 ~[_?~_~__~__CE FOR DEFT BY EVAN BLACK ~6 ..................... 4/02/2001 ..................... ECIPE RULE TO FILE CO PLAINT - BY C ZG A STONE 4/02/2001 ............................ RULE TO FILE COMPLAINT - BY 6I~-~-£8~6-~6~6~8~ ............. ~i~_[_~T_~_Ai~__~LACK ESQ FOR DEFT ANT TO RULE 6/19/2001 PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AND JUDGMENT ENTERED 6/21/2001 ~?MPLAINT - BY LEWIS H MARKOWITZ-~ ~ ~£~ ...................... COMPLAINT - BY CRAIG A STONE ESQ FOR PLFF PLFFS .............. LAST ENTRY .............. * Fees & Debits - Escrow Information . WRIT OF SUMMONS 35 00 3~ 00 TAX ON WRIT ' · .00 SETTLEMENT .50 .50 .00 JCP FEE 5.00 5.00 .00 JDMT 5.00 5.00 .00 9.00 9.00 .00 54.50 54.50 .00 * End of Case Information ** 3/05/2001 3:52 0/00/0000 0/00/0000 rP. UE COPY FROM RECORD m Testimony whereof, I here unto set my h~nd l'h~y ~ Pnmmnol~r~ Exhibit C POST ~. $CHELL, P.C. A~rORNEYS AT Law ,~40 GRANDVIEW AVENUE CAMP HILL, PA 1701 I (717) 73 I-I 970 F'AC$1HILE: (717) 731-1985 June 19, 2001 Lewis H. Markowitz, Esquire 2 West Market Street P.O. Box 152 York, PA 17405-0152 RE: Reimer v. DeMiehele, M.D.,. et al. Dear Mr. Markowitz: Please find enclosed a courtesy copy of Defendants, Michael A. DeMichele, M.D.; Lawrence B. Zimmerman, M.D.; Peter M. Brier, M.D.; and Internists of Central PA, LTD's Praecipe to Enter Judgment Non Pros. A copy was previously sent to your South Carolina address but understand that you may not be at your South Carolina address for the next following weeks. Very truly yours, EVAN BLACK EB/jmf Enclosure cc: Lewis Markowitz, Esquire (C/O Frankel Bare & Associates) Lewis Markowitz, Esquire (C/O Markowitz & Krevsky, P.C.) POST ~. $CHELL, P.C. ATTORNEYS AT LAW 240 GPANDVIEW AVENUE CAMP HILL, PA 170 I I June 20,2001 Lewis Markowitz, Esquire 606 Argem Way Bluffton, SC 29910 RE: Reimer v. DeMichele, M.D., et al. Dear Mr. Markowitz: Please find enclosed a signed Notice of Judgment Non Pros. Very truly yours, Joy M. Freundel Paralegal JMF/jmf cc: Craig A. Stone, Esquire Lewis H. Markowitz, Esquire (2 West Market Street location) Lewis H. Markowitz, Esquire (Frankel Bare & Associates) Lewis Markowitz, Esquire (Markowitz & Krevsky, P.C.) CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Lewis H. Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 Lewis H. Markowitz, Esq. Markowitz & Markowitz P. O. Box 152 York, PA 17405-0152 Lewis H. Markowitz, Esq. c/o Markowitz & Krevsky 208 Market Street York, PA 17401 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ebecca S. Rusba4ch IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs vs STEVEN WOLF, M.D. MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERM~AN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. Defendants OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1252 Civil Action - Law Jury Trial Demanded PRAECIPE TO DISMISS AND DISCONTINUE TO THE PROTHONOTARY: PLEASE DISMISS THE ABOVE ACTION WITH PREJUDICE, THEREBY MARKING THE DOCKET AS "DISMISSED AND DISCONTINUED". MARKOWITZ & MARKOWITZ, P.C. Sup. Ct. I.D. 07491 606 Argent Way Blur%ton, SC 29910 (843) 705-9577 Attorneys for Plaintiff ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1252 CML ACTION - LAW JURY TRIAL DEMANDED TO: _NOTICE TO PLEAD Ernst A. Reimer and Catherine F. Reimer, his wife c/o Lewis H. Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 and c/o Daniel F. Wolfson, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 You are hereby notified to file a written response to the Preliminary Objections of Defendant Steven Wolf, M.D. to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. METTE, EVANS & WOODSIDE Craig A. Stone, Esquire Supreme Court I.D. #15907 Kathleen Doyle Yaninek, Esquire Supreme Court I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Steven Wolf, M.D. DATED: July 2, 2001 ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT STEVEN WOLF, M.D. TO PLAINTIFFS' COMPLAINT Defendant Steven Wolf, M.D., by and through his attorneys, Mette, Evans & Woodside, P.C., hereby files the following Preliminary Objections to Plaintiffs' Complaint, pursuant to Pa.R.C.P. 1028 and avers as follows: 1. A true and correct copy of the Complaint is marked as Exhibit "A," attached hereto and made a part hereof. 2. Ernst A. Reimer ["Mr. Reimer"], and Catherine F. Reimer ["Mrs. Reimer"], his wife, have commenced a medical malpractice action against Steven Wolf, M.D. ["Dr. Wolf"I; Michael A. DeMichele, M.D. ["Dr. DeMichele"]; Lawrence B. Zimmerman, M.D. ["Dr. Zimmerman"]; Peter M. Brier, M.D. ["Dr. Brier"] and Internists of Central PA., Ltd. ["Internists of Central PA"]. 3. The preliminary objections of Dr. Wolf are directed to the allegations of paragraphs 38, 38.6, 38.7, and 39 of the Complaint. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY OF A PLEADING PURSUANT TO Pa.R.C.P. No. 1028(a)(3) 4. Paragraphs i through 3 above are incorporated herein by reference as if fully set forth at length. 5. In Count I of the Complaint, which is alleged against Dr. Wolf, Plaintiffs plead as follows: 38. The negligence of Defendant, Wolf, consisted, inter alia, of the following: 38.6 Failing to employ the skill and knowledge of a specialist in orthopedic medicine and surgery. 38.7 Failing to use such care and skill as a reasonable practitioner of orthopedic surgery and medicine would utilize under circumstances similar to Mr. Reimer. 39. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. See Exhibit A, paragraphs 38, 38.6, 38.7 and 39 (emphasis added). 6. The above-quoted allegations of the Complaint do not contain the factual specificity required under Pennsylvania law, nor are they supported by factual allegations elsewhere in the Complaint. See Exhibit "A." 7. Under Pennsylvania law, "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa.R.C.P. 2 No. 1019(a). 8. Dr. Wolf is prejudiced by the above-quoted allegations because they do not apprise said defendant of the claims against him, and said Defendant is therefore unable to prepare a defense thereto. 9. Also, use of the phrase "inter alia" (paragraph 38 of the Complaint) is designed to permit later amplification of Plaintiffs' theories of liability even after the statute of limitations has run. WHEREFORE, Steven Wolf, M.D. respectfully requests that this Honorable Court strike paragraphs 38, 38.6, 38.7 and 39 of the Complaint for insufficient specificity. Dr. Wolf also requests that this Honorable Court strike the phrase "inter alia" from paragraph 38 of the Complaint due to insufficient specificity. In the alternative, Plaintiffs should be directed to file a more specific pleading. DATED: July 2, 2001 Respectfully submitted, METTE, EVANS & WOODSIDE CraigA Stone, EsqUire /J~tc~/'~ Supreme Court I.D. #15907 Kathleen Doyle Yaninek, Esquire Supreme Court I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Steven Wolf, M.D. Exhibit A 1N ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. REIMER and CATHERINE F. REIMER, his wife STEVEN WOLF, M.D. ET AL NO. 01-1252 NOTICE Civil Action - Law Jury Trial Demanded You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE~ YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (800) 990 9108 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la f¢cha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o nofificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaction reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DENLANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYO O LLAME A LA OFICrNA EN LA DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs VS STEVEN WOLF, M.D. MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. Defendants OF CUMBERLAND COUNTY, No. 01-1252 : Civil Action - Law : Jury Trial Demanded PENNSYLVANIA COMPLAINT 1. Plaintiffs, Ernst A. Reimer and Catherine F. Reimer, are adult individuals, who are husband and wife, and reside at 22 Meadow Drive, Camp Hill, Pennsylvania, 17011. 2. Defendant, Steven Wolf, M.D., is a physician specializing in orthopedic medicine and surgery with an office at 875 Poplar Church Road, Camp Hill, Pennsylvania 17011. 3. At all times Defendant Wolf held himself out as qualified to perform orthopedic surgery and to diagnose and treat the sequelae of such surgery. 4. Defendant, Michael A. DeMichele, M.D., is a physician specializing in Internal Medicine, with an office at Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 5. At all times material to this action, Defendant, DeMichele, was an agent, servant or employee of Defendant, Internists of Central PA, LTD., and acting within the scope of his agency or employment. 6. At all times material to this action, Defendant, DeMichele, held himself out as qualified and competent to diagnose and treat inflammatory disease processes such as Arachnoiditis. 7. Defendant, Laurence C. Zimmerman, M.D., is a physician specializing in Internal Medicine, with an office aE Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 8. At ail times material to ~his action, Defendant, Zimmerman, was an agent, servant or employee of Defendant Internists of Central PA, LTD., and acting within the scope of his agency or employment. Zimmerman, and trea~ 9. At all times material to this action, Defendant, held himself out as qualified and competent to diagnose inflammatory disease processes such as Arachnoiditis. 10. Defendant, Peter M. Brier, M.D., is a physician specializing in Internal Medicine, with an office at Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 1!. At all times material to this action, Defendant, Brier, was an agent, servant or employee of Defendant, Internists of Central PA. LTD., and acting within the scope of his agency or employment. 12. At all times material to this action, Defendant, Brier, held himself out as qualified and competent to diagnose and trea~ inflammatory disease processes such as Arachnoiditis. 13. Defendant, Internists of Central PA, LTD., is a Pennsylvania corporation or Limited Partnership, with offices at 108 Lowther Street, Lemoyne, Pennsylvania 17043. 14. At all times material Defendant, Internists of Central PA, LTD., trea5ed Plaintiff Ernst A. Reimer through its agents, servants or employees, including but not limited to Defendants DeMichele, Zimmerman and Brier. 15. At all times material to this action, Defendant, Internists of Central PA, LTD., held its employees or agents as being qualified to diagnose and treat inflammatory disease processes such as Arachnoiditis. 16. On or about November 24, 1998, Defendant Wolf performed a cervical fusion on Plaintiff, Ernst A. Reimer. 17. On or about December 5, 1998, Defendant Wolf performed additional spinal surgery on Mr. Reimer. 18. On or about December 9, 1998, Mr. Reimer developed a staph infection which was definitively diagnosed on December 17, 1998. 19. Mr. ~eimer was treated with antibiotics and remained hospitalized until January 27, 1999, at Holy Spirit Hospital, when he was transferred to HealthSouth for rehabilitation purposes. 20. Mr. Reimer continued as a patient at HealthSouth until his discharge on February 13, 1999. 21. During his hospitalization at Holy Spirit, Mr. Reimer was attended to and treated by Drs. DeMichele and Wolf. 22. Mr. Reimer's convalescence was sporadic because of pain which ~efendants attributed to the staph infection. 23. On or about M~rch 8, 1999, Defendant Wolf examined Mr. Reimer and concluded that the s~aph had been cured and advised Plaintiffs that the pain and itchiness Mr. Reimer had been suffering is from bone-on-bone irritation. 24. Because of the increased pain and itchiness, Mr. Reimer on March 18, 1999, again discussed his physical problems with Defendant Wolf. Dr. Wolf after listening to the complaints of pain prescribed medication to relieve the pain. 25. Mr. Reimer's pain intensified and he contacted Defendant DeMichele, who prescribed more pain medication. 26. The pain, nausea and vomiting Mr. Reimer was experiencing continued unabated. F±nally, on March 25, 1999, he contacted Defendanu of Central PA, LTD., who directed him to come in Internists immediately. 27. Mr. sixteen pounds prior. Reimer's weight was checked and it was noted he had lost since his previous appointment, less ~han three weeks 28. Defendant Brier examined Mr. Reimer and admitted him ~o Holy Spirit Hospital, where he remained until he was transferred to HealthSouth on or about April 5, 1999. 29. Mr. Reimer was discharged from Rehab South on April 16, 1999. 30. Mr. Reimer's condition continued to deteriorate despite complaints to Defendants, DeMichele, Brier, Zimmerman and Wolf. 31. Finally, on April 22 1999, Defendant Wolf ordered tests to be performed, including a myleogram and a CAT scan. 32. On April 23, 1999 Defendant, Zimmerman, advised Plaintiff 5hat a diagnosis had been made of Mr. Reimer's condition but failed to disclose the condition. Finally, Defendant, Wolf, advised Plaintiffs that Mr. Reimer was suffering from Arachnoiditis. 33. Mr. Reimer has suffered, is now suffering, and will continue to suffer both physical and mental pain and be deprived of the enjoyment of life's pleasures as a result of the negligence of the Defendants set forth herein. 34. As a result of the negligence of Defendants, set out herein, Plaintiff has been forced to expend monies on healthcare providers, medication, nursing help and care in a sum in excess of $20,000 and will, in the future, incur further expenses of this nature in an effort ~o treat and regulate his pain and suffering. 35. The amount in controversy exceeds the limits referral to Arbitration under the Local Rules of Court. 36. Jury trial is demanded on all issues. requiring COUNT I ERNST A. REIMER V STEVEN WOLF, M.D. 37. The allegations of Paragraphs 1 through 26 are incorporated by reference. 38. The negligence of Defendant, Wolf, consisted, inter alia, cf the following: 38.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 38.2 Failing to order timely and appropriate would have aided him in making a diagnosis. 38.3 Failing to recognize the signs and Arachnoiditis which is a known sequelae of spinal surgery. Failing to use appropriate modalities of treatment for 38.4 Arachnoiditis. 38.5 tests which symptoms of Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 38.6 Failing to employ the skill and specialist in orthopedic medicine and surgery. 38.7 Failing to use such care and skill as practitioner of orthopedic surgery and medicine would circumstances similar to Mr. Reimer. 39. As a result of the negligence of Defendant, A. Reimer, has experienced the harm set forth above. knowledge of a a reasonable u~ilize under Plaintiff, Ernst COUNT II ERNST A. REIMER v. MICHAEL A. DeMICHELE, M.D. 40. The averments of Paragraphs 1 through 39 are herein by reference. incorporaued alia, 41. The negligence of Defendant, DeMichele, consisted, inter of the following: 41.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 41.2 Failing to order timely and appropriate would have aided him in making a diagnosis. 41.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 41.4 Failing to use appropriate modalities of treatment for Arachnoiditis. tests which 41.5 Failing to refer Mr. Reimer to physicians who were qualified and experienced treatment of Arachnoiditis. another physician or in the diagnosis and 41.6 Failing to employ specialist in internal medicine. 41.7 Failing to use such practitioner of internal medicine would to Mr. Reimer. the skill and knowledge of a similar care and skill as a reasonable utilize under circumstances 42. As a result of the negligence of Oefendant, Plaintiff, Erns5 A. Reimer, has experienced the harm set forth above. COUNT III ERNST A. REIMER v LAWRENCE C. ZIMMER/WAN, M.D. 43. The averments of Paragraphs 1 through 42 are incorporated herein by reference. 44. The negligence of Defendant, Ziramerman, consisted, inter alia, of the following: 44.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 44.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 44.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 44.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 44.5 Failing to refer Mr. Reimer to physicians who were qualified and experienced treatment of Arachnoiditis. 44.6 Failing to employ the skill specialist in internal medicine. 44.7 Failing to use such care and 45. A. Reimer, another physician or in the diagnosis and and knowledge of a practitioner of internal medicine would utilize under similar to Mr. Reimer. As a result of the negligence of Defendant, has experienced the harm set forth above. COUNT IV ERNST A. REIMER v PETER M. BRIER, M.D. 46. The averments of Paragraphs 1 through 45 are incorporated herein by reference. 47. The negligence of Defendant, Brier, consisted, inter alia, of the following: skill as a reasonable circumstances Plaintiff, Ernst 47.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 47.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 47.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 47.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 47.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 47.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 47.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 48. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT V ERNST A. REIMER v. INTERNISTS OF CENTRAL PA, LTD. 49. The averments of Paragraphs 1 through 48 are incorporated herein by reference. 50. The Defendant, Internists of Central PA, LTD., is liable for the negligence of its employees, agenSs, or servants as is set out above. 51. As a resul~ of the negligence of its employees, agenns, or servants, Defendant, Internists of Cenzral PA, LTD., Plaintiff Ernsn A. Reimer has experienced the harm set forth above. COUNT VI CATHERINE F. REIMER v. ALL DEFENDANTS LOSS OF CONSORTIUM 52. The averments of Paragraphs 1 through 51 herein by reference. are incorporated 53. As a result of the Defendants, jointly Plaintiff Catherine F. Reimer has been deprived of the and severally, services of her husband and the comfort and pleasures of marriage. WHEREFORE, Plaintiff Ernst A. Reimer demands judgment against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, ~ogether with inSerest, delay damages and costs. WHEREFORE, Plaintiff Catherine F. Reimer demands judgmen~ against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, together with in~eresS, delay damages and costs. MARKOWITZ & MARKOWITZ, P.C. 606 Argent Way Bluffson, SC 29910 (717) 843-705-9577 VERIFICATION I, Lewis H. Markowitz, make this verification pursuant to Pa.R.C.P. No. 1024(c) because the Plaintiffs' verification cannot be made by them in time for the filing of the pleading. I make this verification based on information and belief from information that has been furnished to me by the Plaintiffs. When the Plaintiffs sign their verification, I will substitute the verification of the Plaintiffs for my own. I understand that ~his VerificaSion is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relasing to unsworn falsification to authorities. Lewis H. Markowitfz~squire CERTIFICATE OF SERVICE AND NOW, TO WIT, this ~/~day of~~--, 200~, I, LEWIS H. MARKOWITZ, ESQUIRE, hereby certify that I have this date served a true and correct copy of the foregoing by depositing same in the United States Mail, postage prepaid at York, Pennsylvania, addressed to counsel of record as follows: Craig A. Stone, Esquire MetEe, Evans & Woodsid~ 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 By: MARKOWITZ & MARKOWITZ, P.C. Supreme Court I.D. ~07~91 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Daniel F. Wolfson, Esquire Lewis H. Markowitz; Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Attorneys for Plaintiffs Lewis H. Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 Attorneys for Plaintiff Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Attorney for Co-Defendants, Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D., and Internists of Central PA, Ltd. METTE, EVANS & WOODSIDE Craig A. Stone, ~ Supreme Court I.D. #15907 Kathleen Doyle Yaninek, Esquire Supreme Court I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Steven Wolf, M.D. DATED: July 2, 2001 POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. iNTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. RE1MER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. Z1MMERMAN, M.D.; PETER M. BRIER, M.D.; and iNTERNISTS OF CENTRAL PA., LTD. Defendants. iN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT MICI-1AEI, A. DEMICHEI,E; M.D.. LAWRENCE C. ZIMMERMAN,. M.D, PETER M. BRIER: M.D. AND INTERNI,qTS OF CENTRAL PA~ BRIEF IN OPPOSITION TO PLAINTIFFfl' MOTION TO REMO¥ JUDGMENT OF NONPRO,~ Plaintiffs filed a Writ of Summons against Defendants on March 5, 2001. On or about March 21, 2001, Defendants filed a Praecipe to Issue a Rule to File a Complaint. On March 22, 2001, the Prothonotary of Cumberland County issued a Rule to Plaintiffs to file their Complaint by April 11, 2001. A copy of the Rule to File a Complaint is attached hereto as Exhibit "A." Upon Plaintiffs' request, on April 2, 2001, Defendants granted Plaintiffs an extension of 45 days to file their Complaint. By this letter, attached hereto as Exhibit "B," Plaintiffs' Complaint was due on or before June 14, 2001. On June 7, 2001, Defendants served a letter and an Important Notice of default pursuant to Pa. R.C.P. 237.4, upon Plaintiffs. In this Important Notice dated June 7, 2001, Plaintiffs were advised that if they did not file their Complaint within ten (10) days that a judgment may be entered against them. A proper Certificate of Service was attached to said Notice. A copy of the letter, the Important Notice and the Certificate of Service is attached hereto as Exhibit "C." Therefore, pursuant to the Important Notice, Plaintiffs had ten (10) days or until June 17, 2001, to file their Complaint. Despite the Important Notice, and Defendants' prior letters regarding the due date of Plaintiffs' Complaint, Plaintiffs chose not to file their Complaint by said due dates. Therefore, on June 19, 2001, Defendants filed a Praecipe to Enter Judgment of Non Pros with the Prothonotary of Cumberland County. A copy of said Praecipe is attached hereto as Exhibit "D." On June 19, 2001, Curtis R. Long, the Prothonotary of Cumberland County, sent a Notice to Plaintiffs in care of their counsel, Lewis H. Markowitz, Esq., advising them that a judgment of non pros was entered against them and in favor of Defendant Michael A. DeMichele, M. D., Lawrence C. Zimmerman, M. D., Peter M. Brier, M. D., and Internists of Central PA, Ltd. A copy of the Prothonotary's Notice is attached hereto as Exhibit "E." Two (2) days after the judgment of non pros was entered against them, Plaintiffs filed their Complaint. Twenty (20) days after the judgment of non pros was entered on the docket, Plaintiffs filed their Motion to Remove Judgment of Non Pros. A copy Plaintiffs' Motion is attached hereto as Exhibit "F~" On July 13, 2001, Defendants filed their response to Plaintiffs' Motion to Remove Judgment Non Pros. A copy of which is attached hereto as Exhibit "G." On July 18, 2001, the Honorable Judge Guido ordered and directed a briefing and argument schedule regarding Plaintiffs' Motion to Remove Judgment of Non Pros and Defendants' response thereto. This Brief is offered in compliance to this Honorable Court's Order. -2- Should Plaintiffs' Motion to Remove Judgment of Non Pros be granted? (Suggested Answer: No.) III. Discussion of LeEal Issues Pa. R.C.P. 1037(a) provides as follows: "If an action is not commenced by a complaint, the Prothonotary, upon praecipe of the defendant, shall enter a role upon the plaintiff to file a complaint. Ifa complaint is not filed within twenty days afte, service of the rule, the Prothonotary.. upon praecipe of the defendan shall enter ajud_mnent of non pros" Pa. R.C.P. 1037(a) (emphasis added). Under the doctrine of"non pros" or "non prosequitur," if a plaintiff fails to take necessary steps within the time prescribed by practice of court for that purpose, a defendant may enter judgment against him or her. Rockwood Insurance Company v. Motor Coils Manufacturing Company, 646 A.2d 705 (Pa. Cmwlth. 1994). Any party may move for judgment non pros and thereby dismiss a stale action. Pine Township Water Company, Inc., v. Felmont Oil Corporation; 625 A.2d 703 (Pa. Super. 1993), appeal denied, 644 A.2d 1202 (Pa. 1994). A default judgment is resjudicata with regard to transactions occurring prior to entry of the judgment. Morgan Guar, Trust Company of New York v. Stoats, 631 A.2d 631 (Pa. Super. 1993), appeal discontinued, 637 A.2d 288 (Pa. 1994). The doctrine of non pros has developed in order to insure that Plaintiffs do not take advantage of defendants through dilatory tactics. 3 Cmodrich-Amram 2d., § 1037(a): l. Rule 1037(a) provides the entry of a judgment of non pros against a Plaintiff who unreasonably delays or fails to file a Complaint in action which is commenced with the filing ora praecipe for the issuance of a Writ of Summons. There is a two-step procedure for invoking the remedy of non pros under -3- subdivision (a) of the Rule. First, the defendant must file a praecipe directing the prothonotary to enter a rule upon the plaintiff to file a Complaint. Then, if the plaintiff fails to file a Complaint within twenty (20) days after service of the rule, the defendant may file a praecipe with the prothonotary for entry ora nonpros, and the prothonotary, upon the praecipe, must enter a judgment ofnonpros. Goodrich-Amram at 398. A condition precedent to the entry of a judgment of non pros in a case commenced only with a Writ of Summons, is a filing by the defendant ofa praecipe with the prothonotary for the issuance of Rule granting the plaintiff twenty (20) days in which to serve the Complaint. ~ National Bank of Watsontown: 70 A.2d 356 (Pa. 1950); Storm v. Golden: 488 A.2d 39 (Pa. Super. 1985). In the instant matter, defendants filed their praecipe to issue a Rule upon Plaintiffs on March 21, 2001, promptly, on March 22, 2001, the Cumberland County Prothonotary issued a Rule upon Plaintiff to file their Complaint within twenty (20) days. Therefore, defendants have met the first requirement under Pa. R.C.P. 1037(a). Defendants have also met the second requirement under Pa. R.C.P. 1037 (a). After the passing of mom than twenty (20) days, Defendants flied their Praecipe to Enter Judgment of Non Pros. Pursuant to Pa. R.C.P. 237.1(a): (2) "No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered. (i) In the case of a judgment of non pros, after the failure to file a complaint and at least ten days prior to the date of the filing of the praecipe to the party's attorney of record or to the party if unrepresented. -4- (3) A copy of the notice shall be attached to the praecipe. In the instant matter, Defendants granted Plaintiffs an extension of forty-five (45) days in which to file Plaintiffs' Complaint. This extension gave Plaintiffs a filing deadline of June 14, 2001, pursuant to Rule 237, on June 7, 2001, Defendants sent a letter containing an Important Notice to Plaintiffs advising them, per the language of Pa. R.C.P. 237.4, that Plaintiffs were in default because they had failed to file a Complaint as required to do so in this case and unless they acted within ten (10) days fi:om June 7, 2001, a judgment would be entered against them. It is to be noted, pursuant to the Note that follows Pa. R.C.P. 237.1, Defendants' courtesy time extension to Plaintiffs to file their Complaint does not effect the notice requirements under the Pennsylvania Rules of Civil Procedure. "A certification of notice is a prerequisite in all cases to the entry by praecipe of a judgment ofnonpros for failure to file a complaint or by default for failure to plead to a complaint. Once the ten-day notice has been given, no further notice is required by the rule even if the time to file the complaint or to plead to the complaint has_been extended by a~m'eement?' Pa. R.C.P. 237.1, Note. The courtesy extension deadline of June 14, 2001, passed without the filing of any Complaint by Plaintiffs. Additionally, the June 17, 2001, deadline imposed by the default notice came and went without Plaintiffs filing their Complaint. Atter the notice of intention to enter judgment required by Pa. R.C.P. 237.1 was given to Plaintiffs, there was no further extension of time granted by Defendants, as described in Pa. R.C.P. 237.2. Thus, Pa. R.C.P. 237.2 is not applicable to this case. In fact, on June 11, Defendants by letter informed Plaintiffs that no further extensions would be bestowed and that the Complaint was due by the June 14, 2001, extension deadline. -5- Pursuant to Pa. R.C.P. 440(a)(1), copies of all legal papers other than original process filed in an action or served upon a party to an action shall be served by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or by transmitting a copy by facsimile to the party's attorney of record. Pa. R.C.P. 440(a)(1)(i) and (ii). Furthermore, Pa. R.C.P. 440(b) provides: "Service by mail of legal papers other than original process is complete upon mailhl~. Pa. R.C.P. 440(b). In the instant matter, Defendant's Praecipe for Issuance of a Rule to File a Complaint and the Prothonotary's subsequent Rule to File a Complaint were served to Plaintiffs' counsel at the address listed on Plaintiffs' original Praecipe for Summons. Additionally, Plaintiffs were certainly aware of the Rule to File a Complaint because it necessitated their request for an extension which was granted on April 2, 2001. Furthermore, Defendant's Important Notice of default was served upon Plaintiffs' cotmsel, on June 7, 2001, at the address in South Carolina which had been listed by Plaintiffs' as his new address in his April 12, 2001 letter to undersigned counsel. Said correspondence is attached hereto as Exhibit "H." Pursuant to Plaintiffs' counsel's letter, Plaintiffs' requested that all correspondence until June 20, 2001, be mailed to the South Carolina address. Therefore, according to Pa. R.C.P. 440(b), Plaintiffs' counsel was served on June 11, 2001, since that is the date it was mailed and service was completed upon mailing. Thus, by filing the Notice as required, attaching a copy of said Notice as an original exhibit to the original Praecipe to Enter Judgment of Non Pros and effecting proper service, Defendants have met all of the requirements for a Judgment of Non Pros under the Pennsylvania Rules of Civil Procedure. Therefore, the Praecipe to Enter Judgment of Non Pros and the subsequent entry of Judgment of Non Pros by the Cumberland County Prothonotary should remain. Where a Plaintiff untimely filed a Complaint after the Defendants' Praecipe for Entry of a Judgment of Non Pros was properly filed, but before the Prothonotary entered the judgment on the record, the Trial Court properly struck the Plaintiffs' Complaint. 3 Goodrich Amram 2d § 1037(a): 4. citing, Lansdowne by Lansdowne v. G. C. Murphy Co., 517 A.2d 1318 (Pa. Super. 1986). It is to be noted, that in the instant matter, Plaintiffs filed their tmtimely Complaint after both Defendants' Praecipe for Entry of Judgment of Non Pros was properly filed ansi the Prothonotary had entered the judgment on the record on June 19, 2001. In all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. Pa. R.C.P. 1037(c). Pursuant to Pa. R.C.P. 237.3, a petition for relief fi'om a judgment ofnonpros or of default entered pursuant to Rule 237.1 is to be filed within ten (10) days after the entry of the judgment on the docket. Pa. R.C.P. 237.3(a) and (b) (emphasis added). In the instant matter, Plaintiffs did not file their Petition for Relief fi.om Judgment of Non Pros, via their Motion to Remove Judgment of Non Pros, until July 9, 2001, therefore, their Petition for such relief is untimely, since they chose to file said Petition twenty (20) days fi.om the date the Judgment of Non Pros was entered on the docket, instead of the requisite period often (I0) days. Since the requisite service of Defendants' Important Notice to Plaintiffs and Defendants' Praecipe to Enter Judgment of Non Pros have been established, this Honorable Court has jurisdiction over this matter. The Pennsylvania Rules of Civil Procedure, specifically Rule 3051 provides the circumstances upon which relief fi.om judgment of non pros may be granted. Pa. R.C.P. 3051 provides as follows: -7- (a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition. (b) If the relief sought includes the opening of the judgment, the petition shall allege facts showing that (1) the petition is timely filed, (2) there is a reasonable explanation or legitimate excuse for the inactivity or delay, and (3) there is a meritorious cause of action. Pa. R.C.P. Rule 3051. See also, Gohel v. Monteomery Hospital~ 698 A.2d 653 (Pa. Super. 1997), appeal granted, order rev'd, 710 A.2d 1140 (Pa.-1998). Therefore, in order for Plaintiffs to be successful in their Petition to Remove the Judgment of Non Pros, they must meet all three (3) prongs of the above noted three (3) prong test. They have the burden of proving that their Petition for Relief was timely filed, that they have reasonable explanation or legitimate excuse for the inactivity or delay, and they must prove they have a meritorious cause of action. Starting with the first prong, the timeliness of their Petition to Open, it is Defendants' position that they have not met this initial burden. For Plaintiffs to have timely filed their Petition to Open it would have had to have been filed within ten (10) days of the entry, on the dockt~l of the judgment ofnonpros. In the instant matter. Plaintlffq delayed their filing of the Petition to Ope,, until twen .ty (20) days after the judgment of non prox was entered on to the docket. Therefore, Plaintiffs have failed to meet the first prong of the three (3) prong test to obtain relief from a judgment ofnonpros. Whereas, Pa. R.C.P. 3051 is a "all or nothing" prong test to open a judgment ofnonpros, Plaintiffs have failed to meet their burden and therefore should have their Petition to Remove the Judgment of Non Pros denied. It is anticipated that Plaintiffs will argue at some point -8- along the way they did not receive proper service regarding either the Important Notice of default or the entry of the Judgment of Non Pros. However, to grant a Petition to strike a judgment based on improper service, the Court must be unable to find proper service, reviewing only the record as it existed when the judgment was entered. Simmons v. Luallen, 738 A.2d 1018 (Pa. Super. 1999). Plaintiffs' anticipated argument that service was not effectuated regarding one of the documents because they received it via facsimile transmission is nothing more than a red herr/ng. It is to be noted that the document/correspondence that Plaintiffs allege was improperly served by facsimile transmission was also served by mail, to all of Plaintiffs' counsel's four (4) addresse,;. Addresses derived from Plaintiffs' counsel's own pleadings and/or correspondences. And, pursuant to Pa. R.C.P. 440(b), service by mail of legal papers other than original process is complete Upon mailitlg. Therefore, Plaintiffs were properly served and the regular mailing of said documents effected service of Defendants' notice of default and of the entry of the default judgment. Plaintiffs have failed to meet their burden in this regard. Wherefore, based upon the foregoing reasons, Defendants respectfully request this Honorable Court to deny Plaintiffs' Motion to Remove the Judgment of Non Pros. "A request to open a judgment ofnonpros is by way of grace and not of right, and absent a manifest abuse of discretion, the Trial Court's decision on such a petition will not disturbed on appeal." Simmons v. Luallen, 738 A.2d 1018 (Pa. Super. 1999) (emphasis added). -9- Respectfully submitted, POST & SCHELL, P. C. EVAN BLACK, ESQ. Attorney for Defendants -10- Exhibit A P.OST & SCttELL, P;C. BY: EVAN BLACK I.D. # 17884 240 GRANT)VIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his Wife Plaintifl~, STEVEN WOLF, M.D.; MICHAEL A. DEM[CHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTy - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED RUBLE TO FILE A COMPLAINT AND NOW, this ~,,)~,OC~ay of~, 2001, a Rule is hereby granted upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry ora Judgment of Non Pros. TFI1JE COPY FRo RECORD Exhibit B POST ~,.' ScHELL, P.C. A]TORNEYS AT LAW 240 GRANDVIEW AVENUE CAMP HILL, PA 170 I I April 2, 2001 Lewis H. Markowitz, Esquire 2 West Market Street P.O. Box 152 York, PA 17405-0152 RE: Reimer v. DeMichele, M.D. Dear Lou: This will confirm my discussion with Sharon of your office on March 30, 2001, that you are requesting an extension of time to file a Complaint and Answer Discovery. I am happy to offer an extension of 45 days from March 30, to June 14, 2001, in which to have your Complaint and Answers to Discovery. Best ~vishes for a complete and speedy recovery. Very truly yours, EB/mc bcc: EVAN BLACK Joy Freundel, Paralegal P.S. - Joy: Mark you calendar accordingly. Exhibit C POST ~,' SCHELL, P.C. A~rORNEY$ AT LAW 240 ORANDVIEW AVENUE CAMP HILL, PA 170 I I June 7, 2001 Lewis Markowitz, Esquire 606ArgentWay Bluffton, SC 29910 RE: Reimer v. DeMichele, M.D., et al. Dear Mr. Markowitz: Please find enclosed an Important Notice for failure to file a complaint. If you should have any questions regarding this matter, please contact this office. Very truly yours, EVAN BLACK /jmf Enclosure cc: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire (at Markowitz & Krevsky, P.C.) Lewis H. Markowitz, Esquire (at Markowitz & Markowitz, P.C.) Craig A. Stone, Esquire POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his ~vife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BPdER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEY'S FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURy TRIAL DEMANDED TO: IMPORTANT NOTICE Ernest Reimer and Catherine Reimer c/o Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky, P.C. 208 W. Market Street York, PA 17401 DATE OF NOTICE: June~7, 200~1 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 ~, Lewis Markowitz, Esquire Markowitz & markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405~0152 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT AS REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTSi YOI3 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CERTIFICATE OF SERVIC~E I, Joy M. Freundel, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire and Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Lewis Markowitz, Esquire 606 Argent Way Bluffton, SC 29910 Lewis H. Markowitz, Esquire c/o Markowitz & Krevsky 208 W. Market Street York, PA 17401 Lewis Markowitz, Esquire Markowitz & Markowitz, P.C. 2 West Market Street P.O. Box 152 York, PA 17405-0152 Craig A. Stone, Esquire Metre, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Exhibit POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and iNTERNISTS OF CENTRAL PA., LTD. Defendants. iN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED pRAECIPE TO ENTER JUDGMENT NON PROS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plaintiff, has failed to file a Complaint and it is hereby requested that you kindly enter a judgment of non pros against Plaintiff and in favor of Michael DeMichele, M.D., Lawrence Zinunem~an, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd., pursuant to the provisions of Pa. R.C.P. No. 1037(a). Defendant contends that: 1. A Rule to File Complaint within twenty (20) days was issued on March 22, 2001 (See Exhibit "A") 2. By lctter dated March 26, 2001, tbe Rule to File Complaint was served upon PlaintifPs Counsel. (See Exhibit "B") 3. By letter dated April 2, 2001, moving Defendants granted Plaintiffs request for a 45 day extension of time to file a Complaint. A Complaint was due on June 14, 2001. (See Exhibit 4. That on June 7, 2001, a Important Notice was sent to Plaintiffs counsel advising to file a Complaint in 10 days. (See Exhibit "D") 5. On or around June 11, 2001, Plaintiff's Counsel requested a second extension of time to file a Complaint. Moving Defendant's did not grant Plaintiffs request. (See Exhibit "E") 6. A Complaint has not been filed since the ten day notice has been served and more than ten days has elapsed. 7. Nearly 3 months have elapsed since service of the Rule to File Complaint and no Complaint has been filed. WHEREFORE, Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd. respectfully requests this Honorable Court to issue a Judgement of Non Pros against Plaintiffs and in favor of the aforesaid named Defendant. Respectfully submitted, POST & SCHELL, P.C. By:__ ~",/AN BLACK, ESQUIRE ·Attomey for Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Ceotral PA., Ltd. -2- Exhibit E POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his wi fe Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMER.MAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. DefendantS. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-I252 CIVIL ACTION - LAW JU'RY TKIAL DEMANDED TO: Ernst A. Reimer axed Catherine Reimer c/o Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 NOTICE Plea,se be advised thai a Judgment of Non Pros was entered against you in favor ofDefen&mts Michacl DeMich¢le, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA, Ltd pursuant to Pa.K.C.P. I037(a) for failurcto comply with the Local Rulcs ofCourx. -~- ~ Date: ~_.)/..,/.,.~ I t~ o~)~ { Cumberland County Proth ntfi02.ol4ry Exhibit F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ERNST A. REIMER and CATHERINE : F. REIM~R, his wife, : - tif~ ~ Plain s : vs ! No. 01-1252 Civil Action - Law PENNSYLVANIA STEVEN WOLF, M.D. : MICHAEL A. DEMICHELE, M.D. : LAWRENCE B. ZIMMERMAN, M.D. : PETER M. BRIER, M.D. and : INTERNISTS OF CENTRAL PA., LTD. : Defendants : Jury Trial Demanded MOTION TO REMOVE JUDGMENT OF NON PROS Plaintiffs, Ernst A. Reimer and Catherine F. Reimer, by their attorney, Lewis H. Markowitz, Esquire, move this Honorable court to remove the Judgment of Non Pros entered by Defendants, Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D. and Internists of Central Pa., Ltd. on June 18, 2001 and in support of their Motion state the following: 1. On June 11, 2001, Plaintiffs, through their counsel, received a copy of Defendants' Exhibit D attached to Defendants Motion for Non Pros. 2. Prior to receiving the notice by mail, Plaintiffs, counsel received a copy via fax transmission from counsel for Defendants. A copy of the fax is attached as Exhibit A. 3. Service of the document by fax was a nullity because none of Plaintiffs, pleadings in this matter was endorsed with or contained Plaintiffs, counsel's fax number nor was there an agreement to allow such service. 4. Pa.R.C.p. No. 440{d) (1} provides, inter alia, that service by fax can only be made if there is an agreement to allow such service or by having the fax number appear on an entry of appearance or other prior pleading. 5. Plaintiffs in reliance upon the date of receipt of the notice (June 11, 2001) timely filed their complaint on June 21, 2001. A copy of the complaint is attached to this Motion as Exhibit B. 6. As the certificate of service on the Complaint notes mailed to counsel for Defendants on June 20, 2001. a copy was 7. On June 18, 2001, Defendants, Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D. and Internists of Central Pa., Ltd., caused a judgment of non pros to be entered. 8. Notice of the entry of judgment of non pros was received by counsel on June 21, 2001, by letter dated June 19, 2001. A copy of said letter is attached as Exhibit C. 9. Plaintiffs are filing this motion within ten days of the entry of said judgment. 10. Pursuant to Pa.R.C.P. 237.3(b) the Court shall open the judgment if the petition is filed within ten days of the entry of the judgment of non pros and the Complaint states a meritorious case. WHEREFORE, Plaintiffs pray that the judgment of non pros be opened and Defendants directed to file an Answer within 20 days of service of the Complaint. MARKOWITZ & MARKOWITZ, By: Supreme Court I.D. #07491 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 VERIFICATION I, Lewis H. Markowitz, make this verification pursuant to Pa.R.C.P. No. 1024(c) because the Plaintiffs' verification cannot be made by them in time for the filing of the pleading. I make this verification based on information and belief from information that has been furnished to me by the Plaintiffs. When the Plaintiffs sign their verification, I will substitute the verification of the Plaintiffs for my own. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unsworn falsification to authorities. Dated: Exhibit G POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMiCHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMiCHELE, M.D.; LAWRENCE C. ZiMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF coMMoN PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS MICHAEl, A. DEMICHEI,E~ M.D., LAWRENCE C. ZIMMERMAN, M.D., PETER M. BRIER, M.D. AND INTERNISTS OF CENTRAL PA~ LTD. TO PLAINTIFFS' MOTION TO REMOVE JUDGMENT NON PROS AND NOW come the above Defendants, by and through their attorneys Post & Schell, P.C., and for their response to Plaintiffs' Motion to Remove Judgment Non Pros, states as follows: 1. Admitted only that counsel for Responding Defendants mailed a ten (10) day notice of intent to enter judgment (referenced as Exhibit "D" in Paragraph 1 of Plaintiffs' Motion to Remove Judgment). A copy of said document and accompanying cover letters are attached to this response as Exhib't 'A." As evidenced by the cover letter and Certificate of Service to Exhibit "A," Plaintiffs' counsel ~vas served at two (2) separate addresses in York, Pennsylvania and a residence in South Carolina. This service was accomplished through the regular mail. Responding Defendants had no knowledge as to the exact date xvhich Plaintiffs' counsel, Attorney Markowitz, received this 2. Admitted only that the correspondence referenced in Exhibit "A" to Plaintiffs' Motion was sent via facsimile on June 1 l, 2001. 3. Denied that service of the correspondence of June 11, 2001, was a nullity, as the Rules of Civil Procedure do not preclude corresponding with opposing counsel b.y facsimile. 4. Admitted to the extent that Pa. R.C.P. 440 speaks for itself. 5. Admitted that Plaintiffs' Complaint was filed with the Cumberland County Prothonotary on June 21,200 l, as indicated by the Cumberland County Prothonotary docket entries attached as Exhibit "B." It is denied that this Complaint was timely filed, as the date of the ten (10) notice of intent to enter judgment was June 7, 2001, the same date that said notice was mailed Plaintiffs' counsel (Exhibit "A"). The notice specifically states as follows: "Unless you act within ten (10) days from the date of this Notice, a judgment may be entered against you without a hearing...." (Emphasis added). The language of this notice to enter judgment is in conformity with the requirements of Pa. R.C.P. 237.4 and 237.1 as the ten (10) day period for filing a Complaint in response to the Motion expired on June 17,2001, Plaintiffs' Complaint was not timely filed. 6. It is admitted that the Certificate of Service of the Complaint indicates it was mailed to counsel for Defendants on June 20, 2001. For further response, the Complaint was received by defense counsel on June 21, 2001. 7. Admitted. For further response, judgment of non pros was entered by the Prothonotary on June 19,2001, as evidenced by the docket entries attached as Exhibit "B." 8. Admitted only that notice of entry of judgment non pros was mailed to Plaintiffs' counsel on June 19, 2001, as evidenced by the docket entries attached as .Exhibit "B." For further response, correspondence on June 19 and June 20 to Plaintiffs' counsel's various addresses reflects -2- that notice of entry of judgment ~vas forwarded on those dates as well. Defendants are without knowledge of the date that counsel received notice of entry of judgment, Defendants can neither admit or deny this averment. 9. Denied. It is specifically denied that Plaintiffs are filing their Motion to Open Judgment within ten (10) days of entry of said judgment. For further response, the Cumberland County docket entries attached as Exhibit "B" reflect that the Motion to Remove Judgment Non Pros was filed on July 9, 2001, roughly 20 days following entry of judgment. 10. Admitted to the extent that Pa. R.C.P. 237.3(b) speaks for itselfi It is specifically denied that Plaintiffs' Complaint states a meritorious case. WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiffs' Motion to Remove Judgment Non Pros as being untimely filed. Respectfully submitted, POST & SCHELL, P,C. EVAN BLACK, ESQ. Attorney I. D. #17884 JOHN R. KANTNER, ESQ. Attorney I. D. #'75741 Attorneys for Defendants Michael A. DeMichele, M. D., Lawrence C. Zimmerman, M. D., Peter M. Brier, M. D. and Internists of Central PA Date: -3- Exhibit H MARKOWITz 8* MARKOWITz, P.C. LEVd-IS H. 1VI_4,RKO,!~irlTZ (71~843-5527 FAX(71~ 864-7599 Respond to: 606 Argent Way Bluffton, South Care]ina 29910 (843) 705-957'7 April 12, 2001 (Dictated April 11, 2001) File No. 1981 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Re: Reimer, et ex v DeMicheie, M.D., et al Dear Even: I would appreciate r~c~e~_ all correspondence relatin.g to Lhls matter at my new address 606 Argent Way, B%uIfton, South Carol!ne 29910. My telephone number there is (843) 705-9~/~. I will ~be at that address commencing Monday, Ap'~il 16, 2iFil and will be ffnere un: ~i June 20 when I will return to York to prepare for the Hafgr trial and te remain in York until the Hafer trial is completed. During thee period of time you will be able te reach me either through the Frankel, Bare office er through my son's office, Harkow[tz & Krevskv, P. C., 208 East Market Street, York, Pennsylvania, pne~e (/17) 043 28?6. I would appreciate it if you would see that all correspondence ks sent to me at that address. Neimer. As you know Z have no problem wit. h waiving the waitinc dna ~ wi 11 be gl ad to do 1E if you so desire. I real'i-~e that dif~icu!E to contact me but hopefully now tha~ I have been discha: ~ed we ,~,~ii i be able to ge~ back on l~rack on this mat~er. [[ke!ihood he reIerr2ng Reimer ~o o~her counsel s~nce my are ~o cut back on the amount of work that I have be~{1 By way of courtesy :io you, the subDeena~ kha% case were fuom the Prothonotary of r~aunt~n {io~Sy. If you .Chaos rile, ,~en wi i J see thas we f{led .~e su~mo~.s ]n Again, as a :n~t~eF or courtesy to yore, i wi]~ RiOt false Evan Black, Esquire --2-- April 12, 2001 With kindest personal regards, LHM/sss I am Very truly yours, MARKOWI~TZ & MARKOWITZ, Lewis H. Markowitz CERTIFICATE OF SERVICE I, Rebecca S. Rusbatch, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harhsburg, PA 17110-0950 DATE: 8/24/01 ERNST A. REIMER and : CATHERINE F. REIMER, his wife,: Plaintiffs VS. STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-1252 CIVIL : JURY TRIAL DEMANDED ORDER AND NOW, this z z ~ day of August, 2001, following telephone conference with counsel, our order of July 31, 2001, compelling responses to discovery, is VACATED as having been improvidently entered. In the event that an order is entered striking the non pros in this case, the plaintiff shall respond to outstanding interrogatories, requests for production of documents and supplemental interrogatories/requests for production of documents dated May 1, 2001, and requests for release of medical records within twenty (20) days of the entry of any such order striking non pros. BY THECOURT, Lewis Markowitz, Esquire For the Plaintiffs Evan Black, Esquire For the Defendants DeMichele, Zimmerman, Brier and Internists of Central PA Craig A. Stone, Esquire For Defendant Wolf :rim POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. P_ElMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED 3154 day of~, 2001 upon consideration of Defendants, Michael NOW, this DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd., Motion to Compel, it i~ hereby ORDERED, DIRECTED that the Motion is hereby granted and Plaintiff shall-fde-f~14 anu 6,/,hila~t~ oai~,'~3fS tO the Interrogatories, Request for Production of Documents and Supplemental Interrogatories/Request for Production of Documents Dated May 1, 2001, along with the signed Authorizations ' 5ervie..e_ o~ for the Release of Medical Records from Holy Spirit Hospital, within twenty (20) days of the date o.~this Order. Should Plaintiff fail to comply with this Order, Plaintiff shall suffer the possibility of sanctions, including the preclusion of expert witness testimony, upon further motion by Moving Defendants. BY THE ~OURT: TRUE COPY FROM In T;~:timony whereof, I here unto s~t m~, hand and t~j~ ami af sald/r, ourt ahCarlisla, Pa. POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE c. tP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF OUT AND NOW, this 27 ~ ~ day of <~,, t3 ,2001 upon consideration of Defendants, Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd., Motion to Compel, it is hereby ORDERED, DIRECTED that the Motion is hereby gr ed and Plaintiff shall.~l.,~ lmx ant ' ' ~ .... ~ to the Interrogatories, Request for Production of Documents and Supplemental Interrogatories/Request for Production of Documents Dated May 1, 2001, along with the signed Authorizations for the Release of Medical Records from Holy Spirit Hospital, within twenty (20) days of the date of this & A Order. Should Plaintiff fail to comply with this Order, Plaintiff shall suffer the possibility of sanctions, including the preclusion of expert witness testimony, upon further motion by Moving Defendants. BY THE COURT: .05 J' POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. RELMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL OF DEFENDANTS MICHAEL DEMICHELE, M.D., LAWRENCE ZIMMERMAN, M.D., PETER BRIER, M.D. AND INTERNISTS OF CENTRAL PA., LTD. DIRECTED TO PLAINTIFF AND NOW come Defendants, Michael DeMichele, M.D, Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA, Ltd. by and through their attorneys, Post & Schell, P.C., aver as follows: 1. Plaintiffs initiated this action by serving a Writ of Summons, shortly thereafter, a Rule to File Complaint was filed on or around March 22, 2001. A Complaint was received on June 21, 2001. 2. Discovery commenced on or about March 20, 2001, moving Defendants served Plaintiff with Interrogatories, Request for Production of Documents and Witness/Expert Witness Interrogatories. See "Exhibit A". 3. On or about May 1, 2001, Moving Defendants served Plaintiff with Supplemental Interrogatories and Request for Production of Documents seeking Plaintiffs actual special damages as allowed by the recent decision in Moorhead v. Crozer Chester Medical Center, 765 A.2d 786 (Pa. 2001). The discovery request sought full and complete details of the Decedent's medical expenses including amounts paid by an insurance carrier, amounts written-off, forgiven, or otherwise not owed by an insurance cartier, and amounts paid out-of-pocket by the Plaintiff. A true and correct copy of Moving Defendants' discovery request is attached hereto as Exhibit "B". 4. On April 2, 2001, a letter was sent to Plaintiffs Counsel confirming their request for a 45 day extension to answer discovery. Please see Exhibit "C". 5. On June 11, 2001, Authorizations for the Release of Medical Records f~om Holy Sprit Hospital were faxed and mailed to Plaintiff's Counsel to be signed by Plaintiff, Ernest Reimer. Please see Exhibit "D". 6. Furthermore, it is Moving Defendants' position that the requested information is necessary to make an accurate assessment of this case. 7. In addition, the records requested from Holy Spirit Hospital are believed to be essential to this case, as Plaintiffs Counsel indicate through their Complaint that Plaintiff remained hospitalized at Holy Spirit Hospital for a significant amount of time. -2- 8. Pursuant to Pa. R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days after the service of the interrogatories. 9. To date, Plaintiff has failed to provide responses to any of the discovery requests. 10. Moving Defendants are prejudiced by Plaintiffs failure to provide actual damage information, calculation and documentation as Moving Defendants have been precluded from ascertaining the extent of Plaintiffs claims or gaining the necessary investigative materials to make an accurate assessment of Plaintiffs claims which would further the course of the instant litigation and insure its readiness for trial. 11. Since Plaintiff has failed to respond in accordance with the civil procedure rules, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete responses to all discovery request and to provide signed authorizations for the release of medical records, or be precluded from introducing testimony, including expert witness testimony, at trial regarding same. WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to provide Moving Defendants with answers to all outstanding discovery requests and to provide -3- signed authorizations for the release of medical records, or be precluded fi.om offering testimony, including expert witness testimony, regarding the same. Respectfully submitted, POST & SCHELL, P.C. BY: Evan~ack[,' ~s qu~ire~'~ 240 Grandview Avenue Camp Hill, PA 17011 717-731-1970 I.D. No. 17884 Attorneys for Defendants Michael DeMichele, M.D., Lawrence Zimmerman, M.D., Peter Brier, M.D. and Internists of Central PA., Ltd. Exhibit A POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMiCHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS MICHAEL DEMICHELE, M.D., LAWRENCE ZIMMERMAN, M.D., PETER BRIER, M.D. AND INTERNIST OF CENTRAL PA., LTD'S MEDICAL MALPRACTICE INTERROGATORIES DIRECTED TO PLAINTIFFS (SET 1) PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereo f: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the docunlent was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the naxne, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A briefstate~nent of the subject matter of such document. -2- (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e.g. telephone, personal conv, ersation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any docmnent (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter ora document or oral Communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral connnunication called for above. You shall, however, otherwise "identify" such document or oral con~munication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following infonnation should be given: (I) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the nan~e of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. PERSONAL BACKGROUND I. State your full names, dates and places of birth, present residence, Social Security Numbers, and marital status, both presently and at the time of the incident. -5- 2. State the names and addresses of each school, college or other educational t:acility which both of you have attended, listing the dates ofattendauce and courses of study, including all professional, trade, on-the-job, or any specialized training which you have received. -6- 3. State the names, addresses, relationships and ages of all persons dependent upon you for support or maintenance, at the time of the incident being alleged, listing for each such person the nature and amount of such support or maintenance paid or contributed in the year preceding the incident being alleged. 4. Please list all family physicians or other medical practitioners with whom you or any person acting on your behalf have consulted in the past ten (I0) years for general, physical or medical complaints during your lifetime, stating the last known address of each such physician and the period (dates of first and last consult). -8- EMPLOYMENT 5. For a period often ( l 0) years immediately preceding the date of treatment, surgery, or examination being alleged, please state: (a) The name and address of each of your employers or, if you were self-employed during that period, each of your business addresses and the name of the business while self-employed; the period of employment; the position held; the nature of work being performed; the name of your immediate supervisor; and (b) Your average weekly earnings from each employment or self-employment, the average number of hours worked by you per week in each employment or self-employment, and the amount of income from employment or self-employment reported on your federal income tax return for each year. -9- 6. If you have engaged in one or more gainful occupations after the date of the treatment, surgery, examination, or events being alleged, please state: (a) The name and address of each of your employers or, if you were self-employed, each of your business addresses and the name of the business while self-employed; the period of employment, position held; the nature of the work being performed; the name crf your immediate supervisor; and (b) The wage, salary, or rate of earnings received by you in each employment or self- employment and the amount of income reported on your federal income tax return for each year subsequent to the accident. -10- 7. Are you presently receiving Social Security benefits for disability, Social Security benefits for retirement, disability pension income, workers' compensation benefits or other wage continuation retirement or wage supplementation benefits from any agency, company, person, corporation, state or government? If so, state the nature, amount and frequency~fsuch payments and the condition or circumstances under which such payments are being made. If you have made claim and have been denied for any such benefits, please so state. -1!- 8. State whether you have applied for any jobs or forms of employment since the date of the incident being alleged, and you were required to take a physical examination for the position, please state: (a) Name(s) and address(s) of the employer to whom the application was made and date of application; · (1~) Name, address and telephone number of the health care provider who administered the exanllnatlon; (c) For each employer listed in 8(a), whether you made any representations in writing or answered in writing any questions concerning your physical condition. 42- 9. State the name and last knowo addresses of all treating doctors or other medical perso~mel, wbo in any way informed you, or anyone acting in your behalf, that the Defendant was in any way negligent in his treatment of you, and upon whom you may rely at the trial of this matter. Also state a brief description of the testimony. -13- EXHIBITS 10. Identify fully and completely each and every document, demonstrative exhibit, picture, object model movie tape, or other document which you intend to refer to or introduce during the course of the trial. ALLEGATIONS OF NEGLIGENCE l 1. Describe in detail how the alleged malpractice or negligence occurred, including exact location and time of same, and tbe events immediately before, at the time orr and immediately following same. -15- 1 l(a). What was the correct course of treatment and procedure that should have been followed by the Defendant in his/her treatment of you? -16- 12. yourself? STATEMENTS Do you or anyone acting on your behalf have statements from any witness other than whether such statement was written or oral. statement referred to in the above answer. If so, give the name and address of each such witness, the date of the statement and Please consider this a Request to Produce each ~17- 13. Have you given any statement concerning this action or subsequent matter? If so, please give the name and address of each person to whom the statement was given; and where and whea each statement was given. Please consider this a Request to Produce the statement. -18- INJURIES SUSTAINED 14. State m detail the injuries (including any pennanen! injuries) or diseases that you allege you suffered as a result of the treatment, surgery, examination, or events upon which this action is based and state the extent and nature of any disability arising therefrom. -19- MEDICAL TREATMENT 15. If you have received medical treatment, tests, or examinations including x-rays) because of injuries or diseases you suffered as a result of the treatment, surgery, or examination being alleged, please state the name and address of each attending physician, cor~sulting physician, person or laboratory taking an x-ray of you, the date or inclusive dates on which each of them rendered the service, the amounts and dates of their bills for service, and whether these bills have been paid. ~20- 16. As a result of any alleged personal injuries you suffered as a cousequence of the treatment, surgery, examination, or events being alleged, were you a patient or out-patient at auy hospital or clinic? If so, state the name and address of each such hospital or clinic, the dat~or inclusive dates in which each such treatment or examination in a hospital was rendered, the respective charges by each hospital, and whether these bills have been paid. -21- l 7. State in detail the limitation of duties and activities that yotl allege that yotl suffered after the treatment, surgery, examination, or events upon which this action is based. -22- 18. State the names and last known addresses of all persons who have personal knowledge of the infom~ation referred to in Inten-ogatory 17, above. -23- (a) (b) accident; and (c) 19. Either prior to or subscquent to the treatment, surgery, examination, or events being alleged, have you ever suffered any iujuries, illnesses, or diseases in those portions of the body claimed by you to have been affected by the treatment, surgery, or examination beiug alleged? If so, please state: Description of the injuries or diseases you suffered; The date and place of any accident, if such an injury ~)f disease was caused by an The names and addresses of all hospitals, doctors, or practitioners who rendered treatment or examinations because of any such injuries or diseases. -24- EXPENSES AND LOSSES 20. If you were employed on the date of the incident, and made claim for lost wages or loss of earning capacity, state the basis upon which you intend to compute your lost earnings or loss of earning capacity, including dates missed from work, rates of compensatim~ and any job you contend you could have performed. Please attach your tax returns for the previous five (5) years. -25- 21. State any and all other expenses, losses, or special damages incurred as a result of the occurrence complained of and the total amount of damages which will be sought in this matter at the time of trial. As to each of your alleged damages including medical expenses, state whether the expenses incun-ed have been paid and, if so, the source of payment (include du~icate payments). -26- 22. State the nature and estimated cost of all future ~nedical attention, evaluation, treatment, and rehabilitation services which you will require as a result of injuries allegedly sustained m the incident and state the name and address of the individual furnishing such opinion and estimate of cost. -27- PRIOR SUITS 23. Have you ever filed any other suit for personal injuries? If so, please state the court in which the suit was filed, year of filg~g, caption of the case and the disposition or status of the matter. Respectfully submitted, POST & SCHELL, P.C. E~N B LA~, ~S QU~d~---~'- Attorney for Defendants Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D. and Intenfist of Central PA, LTD. 28- CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Steven Wolf, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 -29- POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 1.7884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. ATTORNEYS FOR DEFENDANTS MICHAEL A. DEM}CHELE; M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS MICHAEL A. DEMICHELE, M.D., LA%TRENCE C. ZIMMERMAN, M.D. PETER M. BRIER, M.D. AND INTERNISTS OF CENTRAL PA., LTD. REQUEST FOR PRODUCTION OF DOCUS{ENTS DIRECTED TO PLAINTIFFS (SET 1) Pnrsuant to Rule 4009 of the Pepmsylvania Rules of Civil ProcedureT~efendant requests that Plaintiffs produce the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 240 Grandview Avenue, Suite 100, Camp Hill, Pemasylvania, within thMy (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as they are in their possession. The documents will be properly returned after copying has been completed. Tliis rcqtiest is intended to cover all documents in the possession, custody, and control of the Plaintiffs, their agents, employees, insurance carriers, and attorneys and is considered to be continuing and, therefore, should be lnodified or supplement'ed as you receive further or additional infom~ation ap tO the time of trial. The documents covered by this request are as follows: -2- 1..All photographs concerning.the incident in the above-referenced matter. -3- 2. All investigations, reports, test results, drawings, summaries, or records of the incident involving the above-referenced case and the events surrounding it. ~ -4- 3. All statements of witnesses. -5- 4. All statements of any person who will be called as a'witness at trial. 5. All stateinents of any party, their agents, or employees concerning tile incident and ex;ents sun'ounding it. -7- 6. All written or recorded evidence of the conduct and/or conversation'between Plaintifi?s and any Defendant which is relevant to this laxx, suit. -8- 7. A current cun'idulum vitae for each expert. -9- 8. All documents prepared by each exper~ identified, together with all ~:orrespondence between expert and Plaintifl's or their agents, atlomeys, or anyone acting on Plaintiffs' behalf. -10- 9. All documents or other demonstrat'ive evidence which will be introduced or used at trial. 10. All of Plaintifi's medical repons, hospital repons, physi'cian's repons, and medical bills concerning the incident. -12- 11. All documents recording benefit~ paid due to the incident in the above-referenced matter. -13- 12. All documents alleging and verifying lost wages in the possession of Plaintiffs, their agents, employees, attorneys, and insurance careers due to the incident in tile above-re_ferenced matter, including Federal and S~ate income tax returns for tile past five (5) years. -14- 13. Any m~d all medical records and medical billings of Plaintiff, together with copies of radiology studies and any aud all other tests, laboratory studies, and examinations pertinen~to Plaintiff~ Respectfully submitted, POST & SCHELL, P.C. Attorney for Defendants Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D., and Internist of Central PA., LTD. -15- CERTIFICATE OF SERVICE 1, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C.~ do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoir/g document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class__, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Steven Wolf, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 Date: J~/7Freundel, thi'faiegal -16- POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMiCHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REiMER, his wile Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS MICHAEL DEMICHELE, M.D., LAWRENCE ZIMMERMAN, M.D., PETER BRIER, M.D. AND INTERNIST OF CENTRAL PA, LTD. WITNESS/EXPERT WITNESS INTERROGATORIES ADDRESSED TO PLAINTIFF (SET 1~ PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically' called lbo all printed, typewritten, handwritten, graphic or recorded matter, ~owever formal or informal. (B) Whenever you are asked to "identity" a document, the following in/brmation should be given as to each document bf which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the docunlent was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position o{' the person having custody of the document; (6) If you do not have possession, custody or control oPtl~ document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of conmnunication (e.g. telephone, personal conversation, etc.); (2) Where it took place; -2- (3) Its date; (4) The names; addresses, employers and positiOns (a) of all persons who participated in the 5onnnunication; and (b) of all other persons who were present during or Who overheard that comanunication; and (5) The Substance of who said what to whom and the order in which it was said; (6) Whether that communication or any part thereof is recorded, described or reti:rred tn in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: and (1) The name, present address and present employer and position of the person; (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently locate'd-if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indermfitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to inean and refer to the incident as alleged to have occurred and as set forth in your Complaint. -3- 1. Please provide the names, residence addresses, business addresses, and telqphone numbers of all witnesses Plaintiffs intend to call to testify at the time of trial of this case. ANSWER: -4- 2. State the facts and substance to which each Witness is going to testify, identifying the testimony of each witriess by name. _ANSWER: 3. State the name, business address, and area of specialization of each person Whom you expect to call as an dxpert witness'at ttie time of trial in the above-captioned case. ' ANSWER: 4. Sei forth the qualifications of each expel~t. In doiug so, list the schools each has attended, including years in attendance and degrees receiv'ed, experience in particular fields, including natnes and addresses of emplOyers with inclusive years of employment, and a ligt of all · publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (You may attach a copy of each xpert s curnculum wtae and list of publications in lieu of answering this Interrogatory.) ANSWER: 5. Set forth the substance of the facts and opinions to which each expert is expected to testify and a summary of the grounds for each opinion, including any literature upon which the expert wimess has relied in formulating his opinion. To the extent that the opinion to be offered by the expert at trial will rely upon literature not initially identified, you are required by Pa. R.C.P. 4007.4 to supplement your response. ANSWER: 6. Set tbrth in detail the factual information and materials supplied to each such expert. ANSWER: POST & SCHELL, P.C. EVAN BLACK, ESQUIR'E~ Attorney for Defendants Michael A. DeMichele, M.D., Lawerence B. Zimmerman, M.D., Peter B. Brier, M.D. and Internist of Central PA., LTD. -9- CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee ofth~ law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing documen't upon the following person(s) at the following address(cs) by sending same in the United Slates mail, first-class,__ postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Dar e :3/6~01 Steven Wolf, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 y~ Freundel,'~aralegal -10- Exhibit B POST & SCHELL, P.C. BY: EVAN BLACK I.D. # 17884 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. INTERNISTS OF CENTRAL PA., LTD. ERNST A. REIMER and CATHERINE F. REIMER, his wife Plaintiffs, STEVEN WOLF, M.D.; MICHAEL A. DEMICHELE, M.D.; LAWRENCE C. ZIMMERMAN, M.D.; PETER M. BRIER, M.D.; and INTERNISTS OF CENTRAL PA., LTD. Defendants. IN THE COURT OF COMMON PLEAS - DAUPHIN COUNTY - PENNSYLVANIA NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' SUPPLEMENTAL INTERROGAT(YRIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TOWARDS PLAINTIFFS DATED MAY 1.2001 PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, ~owever formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereofi (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having po~eession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral coinmunication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e.g. telephone, personal conversation, etc.); (2) Where it took place; -2- (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature o f an~'"'~ch proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to Plaintiff(s). (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. 1. Are you alleging that you are entitled to damages for any medical expenses arising out of the care and treatment that was rendered by the Defendant(s) and/or any other medical care providers in this action? (a) If so, kindly enter the names of the medical care providers who rendered these services in Column A of the accompanying Chart. (b) Kindly enter the total amount of charges for each medical care provider in Colunm B of the accompanying Chart. (c) Request for Production of Documents: Kindly attach copies of all medical bills/invoices for the treatment rendered due to the injuries alleged in the Complaint and reflecting the amounts claimed in Column B. -4- 2. Did the Plaintiffpossess medical insurance (e.g. accident and health insurance, Blue Cross and Blue Shield, Pennsylvania Department of Public Welfare or Medicaid..) which paid any portion of Plaintiff's alleged medical expenses? (a) If so, kindly state the name of the insurer(s), the address(es), and the policy number(s) for the medical insurance which paid any portion of Plaintiff's alleged medical expenses. (b) Kindly enter the total amount of the medical expenses for each provider that was paid by Plaintiff's insurance carder in Column C of the accompanying Chart. (c) Request for Production of Documents: Kindly attach copies of any receipts showing amounts paid by Plaintiff's medical insurer and reflecting the amounts paid in Column C. -5- 3. Were any of Plaintift?s medical expenses "written off" or forgiven or otherwise not owed by reason of a contract or agreement between the medical care provider and ~laintift's medical insurer, as a compromise of a bill between the medical care provider and the Plaintiffor for any other reason? (a) Kindly enter, in Column D of the accompanying Chart, the amount of the medical expenses that were "written off' or forgiven or otherwise not owed by reason of a contract between the health care provider and Plaintiff's medical insurer, as a compromise of a bill between the medical care provider and the Plaintiffor for any other reason. -6- 4. Were or are any of PlaintilTs medical expenses personally owed or owing by Plaintiffor his representatives and, therefore, not paid by Plaintiff's insurance carrier _and/or written off, forgiven or otherwise not owed with respect to any medical care provided by Defendant(s) and/or any other medical care providers who provided care for which Plaintiff is claiming damages? (a) Kindly enter, in Column E of the accompanying Chart, the amount of the medical expenses that were or are personally owed by Plaintiff or his representatives and, therefore, not paid by Plaintiff's insurance carrier and/or written off, forgiven or otherwise not owed with respect to any medical care provided by Defendant(s) and/or any other medical care providers who provided care for which Plaintiff is claiming damages. A B C D E Medical care Total medical Amount of Amounts Amounts paid or provider charges for each medical charges "written off", owed by medical care paid by forgiven or Plaintiff or his provider Plaintiff's otherwise not representatives insurance owed personally (i.e. not paid by insurance and ..~.~ not written off) -7- Respectfully submitted, EVAN BLACK, ESQ. Attorney for Defendants Michael A. DeMichele, M.D.; Lawrence B. Zimmerman, M.D.; Peter M. Brier, M.D.; and Internists of Central PA, LTD. -8- CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 DATE: -9- Exhibit C POST ~. $CHELL, P.C. A~FORNEYS AT LAW 240 (~RANDVIEW AVENUE CAMP Hill, PA ~ 70 I I April 2, 2001 EVAN BLACK (717) (512-6013 Lewis H. Markowitz, Esquire 2 West Market Street P.O. Box 152 York, PA 17405-0152 RE: Reimer v. DeMichele, M.D. Dear Lou: This will confirm my discussion with Sharon of your office on March 30, 2001, that you are requesting an extension of time to file a Complaint and Answer Discovery. I am happy to offer an extension of 45 days from March 30, to June 14, 2001, in which to have your Complaint and Answers to Discovery. Best wishes for a complete and speedy recovery. Very truly yours, EVAN BLACK EB/mc Exhibit POST ~ SCHELL, P.C. ATTORNEYS AT LAW 240 GRANDVIEW AVENUE OAMP HILL, PA I '70 I I June 11, 2001 Daniel Wolfson, Esquire WOLFSON & ASSOCIATES 267 East Market Street York, PA 17403 Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 Lewis H. Markowitz, Esquire MARKOWITZ & MARKOWITZ, P.C. 208 East Market Street York, PA 17401 RE: Reimer v. DeMichele, M.D., et al. Dear Counsel: Please find enclosed Authorizations for the Release of Medical Records from Holy Spirit Hospital. Holy Spirit requests the enclosed authorizations to be signed by-Farnst Reimer before they can release copies of his records, pursuant to our subpoena. Please have your client sign the enclosed authorizations and return them in the self-addressed stamped envelope I have provided. If you should have any questions regarding this matter, please contact this office. Thank you for your time and cooperation. Very truly yours, Joy M. Freundel Paralegal JMF/jmf Enclosure HOLY SPIRIT HOSPITAL HEALTH INFORMATION SERVICES DEPARTIviENT 503 North 21st Sweet Camp Hill, PA 17011-2288 (717) 763-2660 Fax (717) 763-2920 FASCIMILE TKANSMISSION SHEET IF COPY IS ILLEGIBLE OK INCOMPLETE PLEASE CALL (717) 763-2660 OB. (717) 763-265~'' CONFIDENTIALITY NOTICE The izfformation contained in this facsimile message is privileged and confidential and is intended for the u~e of the adckessce listed above. If you ~re neither the intended recipient nor the employc~ or agent rcspomible for delivering this message to the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any ~ction in reliance on the content~ of this telecopied information is strictly protfibited. If you have received th/s telecopy in. error, pl~e notify us immediately by telephone to ~nmge for return of the original document to' 4/96 JUN 07 2~01 14:01 717 763 2S20 HOLY TM Spirit of Caring ._~U~T?AT!O~I.ffi_ R TIIR RRT,RAg~._O_F_,!:JI~LC~6~ INFORMATION-- (N~e of'Requestor~edical Facility/Opganizatio~A~en~) S~:~ (~m~lete Mall~ Ad. ess) ~ ' (Telephone N~ - Inelud~ I ~derst~nd this au~o*i~tion This au~omizm%ion ~ill ~i~ on if no~ ~vooaLed stated Patient Signature: Date Patient's AdS. ess Witness Signature Date ID Orll~ C't'd~ U PROCESSED __INITIALS Should the'individual r~Ruesting release of records ~e a minor according to Pa. State Statute or be mentally/physically incapacitated and usable to sign, the person's signature below stipulates that he/abe is the responsible individual for Ute releasing party and permits the release of the necessary medical information. Patient/~umrdian/gignificant Other's Printed Name Relationship to Patient Parent/(k~ardi~/Signifieant Other-s Date Signature A Service of Holy Splflt Heath System MRD ~52 Revised: 1/95 503 NorTh llst Street · Camp Hill, PA 170ll -2288 · (717) 763.2100 /UN 07 2001 14:02 ?17 ?B3 2920 PAGE.~2 The Spirit of Caring m/OR mUOL (date) I also f~ly ,,.derst~d t~t should tho veco~ for rele~e indicted a~ve eonta~ info~tion on HIV-related t~t~nt/di$oses ~ s~at~e ~low will ~le~e of this s~oific Realizi~ ~e ~t~ of ~ i~o~%ion ~nta~ed ~ ~ medical reco~, I author~e ~is ~fo~tion is ~ ~le~ for the follow~ ~ses: _ I u~erste~ ~is ~rizmtion is su~ect to ~v~ation ~ ~ at ~e, ~ to the e~t Moly Epirit Mospit~ b~ al~ ~d ~ reli~ u~m this ~t~ri~- ~is aut~rizatio~ will e~i~ on .~if not r~ted to ~e stated ~te. Unless ~ate4, t~s ~t~rization ~ valid for f~om T.R. date of signature. Patient Signature: Signature of Witness: Date: Date: MRD # 54 Revieed: 10/95 A SeMce of Holy Spirit Health System 503 North 215t Street · Camp Hill, PA 17011-2288 (717) 763-Z100 JUN 07 2081 14:02 717 7~3 2920 { HOLY The Spirit of Caring ._HIV-IU~I. ATJ~D-INI~I/gl:IA'I3~ON (tmtient'e printed name) ~..._ Holy sp~i.t Ho.~,it,,~ .~,i~l ~o~. ~,-o~..19~ ........ ,;o _~t ..... ( da be ) ( date ) b~lizing the =%=e of the information oont.lnod in my medical ceco~, I authorize Holy Spirit ~spital ~ ~lem~e thJ~ i~omatiou to .PO~ - [~dical I~r ~onn* 1 ~encyYfx)~Y ) ~is ~fomtlon iu N~i role~ed for the {o] lo, log }~,r~me(~): .... I u~ersta~ ~s authorization i~ subject te raw,cation by me at-~tlme, except to ~e e~nt %~% Holy Spirit Hosl)ital has alrea8y acre4 in uekiunce ~m %hi, ~orization. ~is ~thorizatlon will expire o~ ..................... if not z, evoked by me ~ior to %~ s~te~ ~%e. Unless revocated, this authorization '~ valid for ninety (90) claym fr~m %he date of signature. Patient signature: Date ~i~ned: Signature of Witness: Date Sigmed: A Semite of Holy Spirit Health System 503 North ?.lst Street ' Camp Hill, PA 17011,2288 (717) 763 -2100 ~ ~ 60 ?17 763 2928 PAGE.04 ZUN 87 2081 14:82 HOLY SPfRIT HOSPFfAL Effccfiv* cl~e ~ , SIGNATURE OF PATIENT DAI~ SIGNED SIGNATUR~ OF pARENT OR GUARDIAN W MINOR RELATIONSHIP TO pATIENT The fol~loifig i~rson who is un~ble to provide · $i~nm f,~ly gave ~t v~bnl consent to ~a mime of tnfotm~Jon requested. He/She ~ ~e ~quest ~ ~o hi.m/~r md ~nderst~nds ~ n~we of the mle~e. He/She sJso unde~s~nds tha~ his~net consent may be ortlly mvok~ nz any ~imm. ~NATU~ oF wTt~£ss DATE ' S sIGNATLU~ OF WITNES " S SIGNATURE. OF W]TNES CMHC Form # i 11 Rev. 4/97 DATE pATIENT NAME A Se~b:t of Holy Spirit Health System nn'~ North 21st Su'eet' Camu Hill, PA 170tI-22~8 3'UN 07 20~1 14:(32 717 763 2920 PRGE.(~5 CERTIFICATE OF SERVICE I, Joy M. Freundel, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Lewis H. Markowitz, Esquire 606 Argent Way Bluffion, SC 29910 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 -5- ERNST A. REIMER and CATHERINE F. REIMER, his wife V. STEVEN WOLF, M.D., MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1252 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18~ day of JULY, 200~, upon consideration of the Motion to Remove Judgment of Non Pros and the response thereto it is hereby ordered and directed as follows: (1) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (2) Depositions shall be completed by September 10, 2001. (3) The parties shall file briefs in support of their respective positions on or before September 21, 2001. (4) Argument shall be held in chambers on September 24, 2001, at 8:30 a.m. By ~ Edward E. Guido,';J. Lewis H. Markowitz, Esquire Even Black, Esquire Craig A. Stone, Esquire :eld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. REIMER and CATHERINE : No. 01-1252 F. REIMER, his wife, : Plaintiffs : : Civil Action - Law STEVEN WOLF, M.D. : MICHAEL A. DEMICHELE, M.D. : LAWRENCE B. ZIMMERMAN, M.D. : PETER M. BRIER, M.D. and : INTERNISTS OF CENTRAL PA., LTD. : Defendants : Jury Trial Demanded MOTION TO REMOVE JUDGMENT OF NON PROS Plaintiffs, Ernst A. Reimer and Catherine F. Reimer, by their attorney, Lewis N. Markowitz, Esquire, move this Honorable court to remove the Judgment of Non Pros entered by Defendants, Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D. and Internists of Central Pa., Ltd. on June 18, 2001 and in support of their Motion state the following: 1. On June 11, 2001, Plaintiffs, through their counsel, received a copy of Defendants' Exhibit D attached to Defendants Motion for Non Pros. 2. Prior to receiving the notice by mail, Plaintiffs' counsel received a copy via fax transmission from counsel for Defendants. A copy of the fax is attached as Exhibit A. 3. Service of the Plaintiffs' pleadings Plaintiffs' counsel's such service. 4. Pa.R.C.p. No. 440(d) (1) can only be made if there document by fax was a nullity because none of in this matter was endorsed with or contained fax number nor was there an agreement to allow provides, inter alia, is an agreement to allow such that service by fax service or by having the fax number appear on an entry of appearance or other prior pleading. 5. Plaintiffs in reliance upon the date of receipt of the notice (June 11, 2001) timely filed their complaint on June 21, 2001. A copy of the complaint is attached to this Motion as Exhibit B. 6. As the certificate of service on the Complaint notes mailed to counsel for Defendants on June 20, 2001. 7. On June 18, 2001, Defendants, Michael A. DeMichele, M.D., Lawrence B. Zimmerman, M.D., Peter M. Brier, M.D. and Internists of Central Pa., Ltd., caused a judgment of non pros to be entered. a copy was MARKOWITZ & MARKOWITZ, P.C. Lewis H. Mark~z, Esq. Supreme Court I.D. %07491 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843 705-9577 8. Notice of the entry of judgment of non pros was received by counsel on June 21, 2001, by letter dated June 19, 2001. A copy of said letter is attached as Exhibit C. 9. Plaintiffs are filing this motion within ten days of the entry of said judgment. 10. Pursuant to Pa.R.C.P. 237.3(b) the Court shall open the judgment if the petition is filed within ten days of the entry of the judgment of non pros and the Complaint states a meritorious case. WHEREFORE, Plaintiffs pray that the judgment of non pros be opened and Defendants directed to file an Answer within 20 days of service of the Complaint. ~ il ~-~1 15:~? FR PO~T-SCI~L HBG POST ~. $cI-II~L~., P.C. AI'TOI~N~Y~ AT ~,w 11,200] Via l?ec~lmtle & Regular Mill D~ol WOL~SON ~ ~SOC~T~ 267 ~t ~t Yo~, PA 17403 Lewis it, Madmwitz, F.~quim Bluffioo, SC: 29910 Yla Facsimile & M~OW~Z & ~0~, 208 E~t M~ York, ~A 17401 RE: Reimer v. De.Mlebele, L'~LD., et I am ~able to extinct say additional time to the Plaiatiffs in which to file a complaint. My clients have inslruc'~d mo thai wa should receive a complgm no later thee lun e 14, 2001, wh/ch w~ your od~inal request for an exlemion on which I was happy to sram you, The additional 45 days would ~vc be~n sufficient for your cli~'n~ to ob~ now couaaet, at no ~n~ hot'ore Iuno 8, 2001. did yea/ndi~ale to mc that you were considering leaving this ease. Please have the complaint filed and served ia accordance with out agreement. EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. REIMER and CATHERINE F. REIMER, bJs wife V. STEVEN WOLF, M.D. ET AL NO. 01-1252 Civil Action - Law Jury Trial D emanded NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (800) 990 9108 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desca defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sas defensas o sas objeciones a las demandas en su contra. Se le avisa que si no se defie~de, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification pot cualquier dinero reclamado en la demanda o pot cualquier otra queja o compensaction reclamados pot el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYO O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE F. REIMER, his wife, Plaintiffs vs STEVEN WOLF, M.D. MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA., LTD. Defendants OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1252 Civil Action - Law Jury Trial Demanded COMPLAINT 1. Plaintiffs, Ernst A. Reimer and Catherine F. Reimer, are adult individuals, who are husband and wife, and reside at 22 Meadow Drive, Camp Hill, Pennsylvania, 17011. 2. Defendant, Steven Wolf, M.D., is a physician specializing in orthopedic medicine and surgery with an office at 875 Poplar Church Road, Camp Hill, Pennsylvania 17011. 3. At all times Defendant Wolf held himself out as qualified to perform orthopedic surgery and to diagnose and treat the sequelae of such surgery. 4. Defendant, Michael A. DeMichele, specializing in Internal Medicine, with an Professional Center, 108 Lowther Street, Lemoyne, 5. At all times material to this action, was an agent, servant or employee of Defendant, M.D., is a physician office at Harrisview Pennsylvania 17043~ Defendant, DeMichele, Internists of Central PA, LTD., and acting within the scope of his 6. At all times material to this action, Defendant, held himself out as qualified and competent to diagnose inflammatory disease processes such as Arachnoiditis. 7. Defendant, Laurence C. Zimmerman, M.D., is a specializing in Internal Medicine, with an office at Professional Center, 108 Lowther Street, Lemoyne, · 8. At al~ times material to this action, wa~ an agent, servant or employee of Defendant, .£ agency or employment. DeMichele, and treat physician Harrisview Pennsylvania 17043. Defendant, Zimmerman, Internists of Central PA, LTD., 9. At all times material to this action, Defendant, held himself out as qualified and competent to diagnose inflammatory disease processes such as Arachnoiditis. 10. Defendant, Peter M. Brier, M.D., is a physician specializing in Internal Medicine, with an office at Harrisview Professional Center, 108 Lowther Street, Lemoyne, Pennsylvania 17043. 11. At all times material to this action, Defendant, Brier, was an agent, servant or employee of Defendant, Internists of Central PA. LTD., and acting within the scope of his agency or employment. and acting within the scope of his agency or employment. Zimmerman, and treat 16. On or about November 24, 1998, Defendant Wolf performed a cervical fusion on Plaintiff, Ernst A. Reimer. 17. On or about December 5, 1998, Defendant Wolf performed additional spinal surgery on Mr. Reimer. 18. On or about December 9, 1998, Mr. Reimer developed a staph infection which was definitively diagnosed on December 17, 1998. . 19. Mr. ~eimer was treated with antibiotics and remained hos'pitalized until January 27, 1999, at Holy Spirit Hospital, when he of Central PA, LTD., held to diagnose and treat Arachnoiditis. At all times material to this its employees inflammatory action, Defendant, Internists or agents as being qualified disease processes such as 12. At all times material to this action, Defendant, Brier, held himself out as qualified and competent to diagnose and treat inflammatory disease processes such as Arachnoiditis. 13. Defendant, Internists of Central PA, LTD., is a Pennsylvania corporation or Limited Partnership, with offices at 108 Lowther Street, Lemoyne, Pennsylvania 17043. 14. At all times material Defendant, Internists of Central PA, LTD., treated Plaintiff Ernst A. Reimer through its agents, servants or employees, including but not limited to Defendants DeMichele, Zimmerman and Brier. 15. was transferred to HealthSouth for rehabilitation purposes. 20. Mr. Reimer continued as a patient at HealthSouth until his discharge on February 13, 1999. 21. During his hospitalization at Holy Spirit, Mr. Reimer was attended to and treated by Drs. DeMichele and Wolf. 22. Mr. Reimer's convalescence was sporadic because of pain which Defendants attributed to the staph infection. 23. On or about MJrch 8, 1999, Defendant Wolf examined Mr. Reimer and concluded that the staph had been cured and advised Plaintiffs that the pain and itchiness Mr. Reimer had been suffering is from bone-on-bone irritation. 24. Because of the increased pain and itchiness, Mr. Reimer on March 18, 1999, again discussed his physical problems with Defendant Wolf. Dr. Wolf after listening to the complaints of pain prescribed medication to relieve the pain. 25. Mr. Reimer's pain intensified and he contacted Defendant DeMichele, who prescribed more pain medication. 26. The pain, nausea and vomiting Mr. Reimer was experiencing continued unabated. Finally, on March 25, 1999, he contacted Defendant Internists of Central PA, LTD., who directed him to come in immediately. 27. Mr. Reimer's weight was checked and it was noted he had lost sixteen pounds since his previous appointment, less than three weeks prior. 28. Defendant Brier examined Mr. Reimer and admitted him to Holy Spirit Hospital, where he remained until he was transferred to HealthSouth on or about April 5, 1999. 29. Mr. Reimer was discharged from Rehab South on April 16, 1999. 30. Mr. Reimer's condition continued to deteriorate despite complaints to Defendants, DeMichele, Brier, Zimmerman and Wolf. 31. Finally, on April 22, 1999, Defendant Wolf ordered tests to be performed, including a myleogram and a CAT scan. 32. On April 23, 1999 Defendant, Zimmerman, advised Plaintiff that a diagnosis had been made of Mr. Reimer's condition but failed to disclose the condition. Finally, Defendant, Wolf, advised Plaintiffs that Mr. Reimer was suffering from Arachnoiditis. 33. Mr. Reimer has suffered, is now suffering, and will continue to suffer both physical and mental pain and be deprived of the enjoyment of life's pleasures as a result of the negligence of the Defendants set forth herein. 34. As a result of the negligence of Defendants, set out herein, Plaintiff has been forced to expend monies on healthcare providers, medication, nursing help and care in a sum in excess of $20,000 and will, in the future, incur further expenses of this nature in an effort to treat and regulate his pain and suffering. 35. The amount in controversy exceeds the limits requiring referral to Arbitration under the Local Rules of Court. 36. Jury trial is demanded on all issues. COUNT I ERNST A. REIMER V STEVEN WOLF, M.D. 37. The allegations of Paragraphs 1 through 26 are incorporated by reference. 38. The negligence of Defendant, Wolf, consisted, inter alia, of the following: 38.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 38.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 38.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 38.4 Failing to use appropriate modalities of treatment for Arathnoiditis. 38.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 38.6 Failing to employ the skill and knowledge of a specialist in orthopedic medicine and surgery. 38.7 Failing to use such care and skill as a reasonable pracsitioner of orthopedic surgery and medicine would utilize under circumstances similar to Mr. Reimer. 39. As a result of th~ negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT II ERNST A. REIMER v. MICHAEL A. DeMICHELE, M.D. 40. The averments of Paragraphs 1 through 39 are incorporated herein by reference. 41. The negligence alia, of the following: of Defendant, DeMichele, consisted, inter 41.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 41.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 41.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 41.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 41.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 41.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 41.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 42. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT III ERNST A. REIMER v LAWRENCE C. ZIMMERMAN, M.D. 43. The averments of Paragraphs 1 through 42 are herein by reference. 44. The negligence of Defendant, Zimmerman, consisted, inter alia, of the following: incorporated 44.1 Failing to diagnose the condition from which Plaintiff is suffering in a prompt and timely manner. 44.2 Failing to order timely and appropriate tests which would have aided him in making a diagnosis. 44.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 44.4 Failing to use appropriate modalities of treatment for Arachnoiditis. 44.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 44.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 44.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 45. As a result of 5he negligence of Defendant, Reimer, has experienced the harm set forth above. COUNT IV ERNST A. REIMER v PETER M. BRIER, M.D. 46. The averments of Paragraphs 1 through 45 herein by reference. 47. The negligence of Defendant, Brier, off,he following: -- 47.1 Failing to diagnose the condition is' suffering in a prompt and timely manner. Plaintiff, Ernst are incorporated consisted, inter ali%, from which Plaintiff 47.2 Failing to order timely and appropriate would have aided him in making a diagnosis. 47.3 Failing to recognize the signs and symptoms of Arachnoiditis which is a known sequelae of spinal surgery. 47.4 Failing to use appropriate modalities of treatment for Arachnoiditis. tests which 47.5 Failing to refer Mr. Reimer to another physician or physicians who were qualified and experienced in the diagnosis and treatment of Arachnoiditis. 47.6 Failing to employ the skill and knowledge of a specialist in internal medicine. 47.7 Failing to use such care and skill as a reasonable practitioner of internal medicine would utilize under circumstances similar to Mr. Reimer. 48. As a result of the negligence of Defendant, Plaintiff, Ernst A. Reimer, has experienced the harm set forth above. COUNT V ERNST A. REIMER v. INTERNISTS OF CENTRAL PA, LTD. 49. The averments of Paragraphs 1 through 48 are incorporated herein by reference. 50. The Defendant, Internists of Central PA, LTD., is liable for the negligence of its employees, agents, or servants as is set out above. 51. As a result of the negligence of its employees, agents, or servants, Defendant, Internists of Central PA, LTD., Plaintiff Ernst A. Reimer has experienced the harm set forth above. COUNT VI CATHERINE F. REIMER v. ALL DEFENDANTS LOSS OF CONSORTIUM 52. The averments of Paragraphs 1 through 51 herein by reference. 53. As a ~ result of the Defendants, jointly Plaintiff Catherine F. Reimer has been deprived of the are incorporated and severally, services of her husband and the comfort and pleasures of marriage. WHEREFORE, Plaintiff Ernst A. Reimer demands judgment against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, together with interest, delay damages and costs. WHEREFORE, Plaintiff Catherine F. Reimer demands judgment against each Defendant, jointly and severally, for damages in an amount in excess of $25,000, together with interest, delay damages and costs. MARKOWITZ & MARKOWITZ, P.S. Lewis H. Markow~tz, Esq. Supreme Court-~m/~491 Attorney for Plai~iffS 606 Argent Way Bluffton, SC 29910 (717} 843-705-9577 VERIFICATION I, Lewis H. Markowitz, make this verification pursuant to Pa.R.C.P. No. 1024(c) because the Plaintiffs' verification cannot be made by them in time for the filing of the pleading. I make this verification based on information and belief from information that has been furnished to me by the Plaintiffs. When the Plaintiffs sign their verification, I will substitute the verification of the Plaintiffs for my own. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unsworn falsification to authorities. Lewis H. Markowi~,--~squire Dated: CERTIFICATE OF SERVICE NOW, TO WIT, this ~day of~, 200~, I, LEWIS H. AND MARKOWITZ, ESQUIRE, hereby certify that I have this date served a true and correct copy of the foregoing by depositing same in the United States Mail, postage prepaid at York, Pennsylvania, addressed to counsel of record as follows: Craig A. Stone, Esquire Metre, Evans & Woodsid~ 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 MARKOWITZ By: & MARKOWITZ, P.C. Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 EXHIBIT C · - ' POST ~ SCHELL, P.C. A3-rORNEYS AT LAW ~40 GRANDVIEW AVENUE CAHP HILL, PA 170 I I June 19, 2001 Lewis H. Markowitz, Esquire 2 West Market Street P.O. Box 152 York, PA 17405-0152 RE: Reimer v. DeMichele, M.D.,. et al. Dear Mr. Markowitz: Please find enclosed a courtesy copy of Defendants, Michael A. DeMichele, M.D.; Lawrence B. Zimmerman, M.D.; Peter M. Brier, M.D.; and Internists of Central PA, LTD's Praecipe to Enter Judgment Non Pros. A copy was previously sent to your South Carolina address but understand that you may not be at your South Carolina address for the next following weeks. Very truly yours, EVAN BLACK EB/jmf Enclosure cc: Lewis Markowitz, Esquire (C/O Frankel Bare & Associates) Lewis Markowitz, Esquire (C/O Markowitz & Krevsky, P.C.) Copy CERTIFICATE OF SERVICE 200J, AND NOW, TO WIT, this of ~_~, I, LEWIS H. MARKOWITZ, ESQUIRE, hereby certify that I have this date served a true and correct copy of the foregoing by depositing same in the United States Mail, postage prepaid at York, Pennsylvania, addressed to counsel of record as follows: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 MARKOWITZ & MARKOWITZ, P.C. Lewis H. Mark~witz, Esq. Supreme Court I.D. %07491 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 IN THE COURT OF COMMON PLEAS ERNST A. REIMER and CATHERINE : F. REIMER, his wife, : Plaintiffs : STEVEN WOLF, M.D. : MICHAEL A. DEMICHELE, M.D. : LAWRENCE B. ZIMMERMAN, M.D. : PETER M. BRIER, M.D. and : INTERNISTS OF CENTRAL PA., LTD. : Defendants : Wolf, OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1252 Civil Action - Law Jury Trial Demanded PLAINTIFFS' REPLY TO PRELIMINARY OBJECTIONS OF DEFENDANT STEVEN WOLF, M.D. TO PLAINTIFFS' COMPLAINT Plaintiffs, by and through their counsel, Markowitz & Markowitz, hereby respond to the Preliminary Objections of Defendant Steven M.D. as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. The answers to Paragraphs 5. Admitted. 6. Denied. 1 through 3 are incorporated. Defendant is seeking the pleading of evidence which is more readily obtained through the discovery process. The Complaint when read as a whole supports the factual averments to which objection has been made. 7. This paragraph states a conclusion of law to which no response is required. The rule will speak for itself. 8. Denied. It is denied that there is any prejudice to Dr. Wolf in that the Complaint when read in its entirety fully and fairly apprises the Defendant of the nature of the claims made against him. To the extent that there is a pleading of prejudice without any factual specificity, the averment is denied and strict proof is demanded at a hearing held thereon. 9. Denied. The use of the phrase "inter alia" (paragraph 38 of the Complaint) is a legal term of art and is not designed to permit later amplification of Plaintiffs' theories of liability even after the statute of limitations has run. The Court retains full and complete power to control amendments of pleadings and under the circumstances Defendant's averment in this paragraph is impertinent. WHEREFORE, Plaintiffs respectfully request that the Preliminary Objections of Defendant Steven Wolf be denied and that the Defendant be directed to file an Answer within 20 days of the Order. MARKOWITZ & MARKOWITZ, P.C. By: ~~ Lewis H. Markowitz, Esq. Supreme Court I.D. #07491 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 CERTIFICATE OF SERVICE MARKOWITZ, ESQUIRE, hereby certify that I have this date served a true and correct copy of the foregoing by depositing same in the United States Mail, postage prepaid at York, Pennsylvania, addressed to counsel of record as follows: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 MARKOWITZ & MARKOWITZ, P.C. By: Lewis B. Marko~it=, E~q~. Supreme Court I.D. %07491 Attorney for Plaintiffs 606 Argent Way Bluffton, SC 29910 (843) 705-9577 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLAGK, ESQUIRE 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: 05/30/2001 Attorney for DEFENDANT DEll-256183 5 984 7--LO 5 CO~O~VwqZ~r.TH OF PENNSSV~%/~IA CO~3~4TY OF IN THE HATTER 0F: EARNEST RE]~E~ -VS- DE H/C"~:LE M.D. ET AL COURT 0P C0~ON PLRAS TERH, CASE NO: 01-1252 NOTICE OF INT~.~ ~0 SERVE A SUBPOENA TO PRODUCE DOCUMENTS A~D THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. ~OLFSON, ESQUIRE MCS on behalf of EVAN BLACE, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fr~ the date listed below in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~nty day notice period is ~aived or if no objection is made, then the subpoena may be served. Co~lete copies of any reproduced records ~ay be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05110/2001 CC: EVAN BLACK, ESQUIRE TIM SANTOHIE~I - 86063 - 21IPPAS51529 Any questions regardin8 this matter, contact MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT THEM CS GROUP INC. 1601 HARKET STREET ~80o PHILADEI~PHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 PAGE: RECOI[DS >>> LOCATION LIST <<< LOCATION NAME HR. nIC~ [ECOKDS & X~AYS HEDICAL I~COP. I)S & X~YS 14EDICAL RECOEDS & X~YS HEDICAL RECOKDS & XRAYS HEDICAL RECOP. DS & X~KYS HEDICAL RECORDS & XP, AYS HEDICAL RECORDS & XP. AYS HEDICAL RECORDS & XP. AYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XRAYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY HEDICAL, BILLING, AND X-RAY(S) HEDICAL, BTLLING, AND X-RAY(S) m~.AT.THSOUTH REHABILITATIONS FRANK W. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTHSOUTH REHAB OF YOKK HARTHAN REHABILITATION ASSOC. N=ogOLOGY CENTER, INC. PKISH CONLEY ASSOCIATES HOPPITT, PEASE & LIM ASSOC. PENNSYLVANIA ~u~O ASSOC, LTD COHFONT CAKE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OP RRg~B. DE02-1527S1 598/+7--C02 _COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.-k.ND EARNEST REIfqER VS DEMICHELE MD ET AL F~le No. 01-1252 SUBPOENA TO PRODUCE DOC'u-M~-N-rs OR 'VI-IINGq FOR DISCOVERY PURSUA.N-r TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: FRANK W.JACKSON MD (.~,m* of Person or :hings: .. ' gROUP INC., 1601 MARKET ST., I~800, PHILA.,PA 19103 I AdcL"~s) You may. deiP,'er or mail legible copies of the dKumonts or produce thin~ r~[aested by. t~s subp~n~ togetaer with the ce.incase ~ compliance, to the p~ m~nS this request at the ad~ ~ a~e. You ~ve the right to se~ in advice, the ~uonabie cost of prep~n[ the copifl or producing ~he you. fail..t° .~oduce. the documents or thin~ required by. this subpoena, witl-.in twen~ (20) days ,tf~er its ser%*,ce. Hne parry. serx'm~ :.'us su=poona may sesk a cmatt order compolling you to comply with p. TI-IlS SL'~POENIA WAS ISSUED AT THE REQUEST OF TI-rE FOLLOWING PERSON: NAM~' Pvaw RT.Af~W. F~.qO. ADDRESS: 240 GRANDVIEW AVE. ,STE 100 CA~ ~LL, PA 17011 T~LEPHON~ 215-246-0900 SUPREME COb~ ID ~: DAI'~ Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANK W. JACKSON, M.D. 601 N. CAROLINE ST. RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304904 59847--L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF C0~940N PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256184 5 984 7 --LO 7 COt41VlOl~II~"-'-a'r -TH OF PENNS!fI.V~AIIA COIJ-I~ITY OF CI31vI]3EI~J~LIqI) IN THE MATTER 0F: EARNEST REIMER -VS- DE HICBELE M.D. ET AL COURT OF C0~glON PLEAS TERM, CASE NO: 01-1252 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: DANIEL F. WOLFSON, EsQIrIRE MCS on behalf of EVAN BLACL ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro~ the date listed below in ~hich to file of record and serve upon the ondersiEned 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 coa~leting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/10/2001 CC: EVAN BLACK, ESQUIRE TI// SANTOMIRRI - 86063 - 21IPPA551529 HCS on behalf of EVAN BLACK, ESqUIRE Attorney for DEFENDANT Any questions regarding this matter, contact T~- MCS GROUP INC. 1601 NARK~T STREET #800 PHILADELPHIA, PA 19103 (21S) 246-0900 DE02-152751 59847--C02 PAGE: RECORDS REQUESTED >>> LOCATION LIST <<< LOCATION NAME ~UICAL RECORDS ~ XRAYS MEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & I~RAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & I~,AYS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY M~ICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-P. AY(S) HEALTHSOUTH P, ElhqBILITATIONS FRANK W. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTHSOuTu R~A~ OF YORX HARTHAN REHABILITATION ASSOC. NSuKOLOGY CENTER, INC. PRISM COWLEY ASSOCIATES HOFFITT, PEASE & LIHASSOC. PENNSYLVANIA NsoKO ASSOC, LTD COHFORT CARE OP HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL REYSTONE SPINE CENTER PHYSICIAN OF DE02-152751 59847--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI..-k.ND EARNEST REIf~ ER VS DEMICHELE MD ET AL File No. 01-1252 SUBPOENA TO PRODUCE DOCUM~-N"FS OR THINGS FOR DISCOVERY PURSUA.N'T TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR'~ID-PENN UROLOGY (~me et Re.Q. or -~. ) w~,hi...~. 120) d,?, a,,, ,,,.,lc. o~ th~, ,u~p s~,,~. ~bt~.~..a ~ ~, ~. ,o ~,oduc. the fo,o,~i.g ~ocum,nt, o, things: .. CROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may dsC'er or mail feeble copi~ of the dorumen~ or produce thi~ r~lue~ted I~y t~ sub~n~ together wit~ the ce.ificzte M compliance, to the p~ m~ng this request at the adM ~ a~e. You ~ve the right to see~ in advice, the ~uona~fe cost of prep~nS the copifl or producin~ the t~n~ ~t. you f~il to ~oduce the documents or thin~,s required by this sub!~.na, witl-~in twen~ sen'ins mis s~?,poene may s~k · cou~ ordor compelling you to comply with THIS 5L'~POENA WAS ISSUED AT THE REQUEST OF ~ F-OLLOWING PERSON: NAME: ~vaw RT.A~. I~.RO_ ADDRF. S$: 240 GRANDVIEW AVE, ,gTE 100 CAMP ]*ITT,L,n PA 17011 T~LEPHONE: 215-246-0900 SUPRE:ME COUI~T ID ~. AI'rOR.NE'Y FOR,: n~xrn~n'v ! Seal of the Com't EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MID PENN UROLOGY, INC. 423 N. 21ST STREET SUITE 30O CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304906 5 9 8 4 7--LO 7 CEIITIFICATE PREREqUiSITE TO SEI~VICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256185 5984 7--L08 C OP~O ~]~F~ T -TH OF P gNN S Y].VAI~ IA COUlqTY OF C_.~Igl~T .~d~D IN THE HATTER OF: EARNEST KEIHER -VS- DE HICm~LE M.D. ET AL COURT OF CO[~40N PL~-A.~ TERM, CASE NO: 01-1252 NOTICE OF INTEN~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TItINC~ FOR DISCOVERY PURSUANT TO RUI~E 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. WOLPSON, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in ~hich 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. C~plete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 0511012001 CC: EVAN BLACK, ESQUIRE TIH SANTOMIERI - 86063 - 21IPPAS51529 Any questions regarding this matter, contact MCS on behalf of EVAN BLACK, ESquiRE Attorney for DEFENDANT THE MCS GROUP INC. 1601MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--CO2 PAGE: RECORDS REQUESTED >>> LOCATION LIST <<< LOCATION NAM~ POttHCAL EECORDS & XRAYS MEDICAL RECORDS & XR~YS MEDICAL RECORDS & XR~YS MEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS HEDICAL RECORDS & ][RAYS HEDICAL RECORDS & XRAYS HELICAL RECORDS & XRAYS HEDICAL RECORDS & ][RAYS HEDICAL RECORDS & ][RAYS MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH REHABILITATIONS FRANK W. JACKSON, HID PENN U~OLOGY, INC. HEALTHSOUTH REHAB OF YOKK HAHTHAN ~a~ILITATIONASSOC. N~uKOLOGY CENTER, INC. PRISM CO~LEYASSOCIATES HOFFITT, P~A~E & LIMASSOC. PENNSYLVANIA N~uKO ASSOC, LTD COMFORT CA~E OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICLqN OF DE02-152751 59847--C02 COMMON'WEALTH OF PENNSY'LVANIA COUNTY OF CUMBERL.~_ND EARNEST REIt~ER VS DEMICHELE MD ET AL File No. 01-1252 TO: SUBPOENA TO PRODUCE DOCUM"~-N-rs OR 'I'MINGS FOR DISCOVERY PURSUA_N"r TO RULE 4009 ?~ CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB OF YORK things: wc~ C. ROU~ I~C.. 1601 MARKET ST., 0800, PHILA.,PA 19103 You may deih'~ or mail feeble copie~ of the do~umeem of ~duce t~ ~ed by t~s subp~n~ ogether with the ce~ificate ~ ~ompliance. to the p~ m~fl~ this requ~ a~ the ad~ ~ a~e. You ~ve the right to see~ in advice, the ~uonable ~ost of prep~nS the copifl of prod~n~ the t~ ~t. you fa~l to ~oduce the dooaments or thin~ required by ~Ki$ subp~e~-~a, w-itl'.in twenty. (20) days after i~s sea':ce, the patty. se~'ing th.is s~b~ena may seek a ¢oI~' order compelling you to comply with i*. I'HIS SL-SPOEWA WAS ISSUED AT THE REQUE.h-r OF ~ r--OLLOWING PERSON: NAM~' ;yaw RT.ACW. E.qO. AD[~R~.~$: 240 G~VI~ A~. ,STE 100 CA~ HILL. PA 17011 TELEPHON~ 215-246-0900 SUPR~M~ CO~ ID ~ DA'rE: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB OF YORK 1850 NORMANDIE DRIVE YORK, PA 17404 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNEST REIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304908 59847--L08 CEI~TIFICA?E PREI~qUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE /*009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TEILM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256186 5 984 7--L0 9 C O1~11~O l~r%~ ~-~ T - T H OF PENN S 5V~IqIA COLrlqTY OF CLrI~I]3EI~3~lqD IN THE MATTER OF: EARNEST RE]~ER -VS- DE MICHELE M.D. ET AL COURT 0P C0~t0N PI.RAS TEI~, CASE NO: 01-1252 NOTICE OF IBT~N~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAI~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. ~0LFSON, ESQUII~E HCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days from the date listed belo~ in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty 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 HCS or by contacting our local MCS office. DATE: 05~10~2001 CC: EVAN BLACK, ESQUIRE TIM SANTOHIERI - 86063 - 21IPPA-551529 MCS on behalf of EVAN BLACK, ESquiRE Attorney for DEFENDANT Any questions regarding this matter, contact T~ HCS GROUP INC. 1601 ~A~ET STREET t8o0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 PAGE: · RECORDS ItE(~UES'r~D LOCATION LIST <<< LOCATION NAHE 14~r)TCAL ~,ECO~DS ~ XRAYS HEDICAL RECOP. DS & ]~AYS HEDICAL RECOItDS & XI~YS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & I~AYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XRAYS HEDICAL IIECORDS & XP,~YS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XRAYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY HEDICAL, BILLING, AND X-RAY(S) HEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH REHABILITATIONS PqL%NKW. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTHSOUTH REHAB OF YO~K HA~TMAN ~A~ILITATION ASSOC. ~uKOLOGY CENTE~t, INC. PRISM CONLEYASSOCIATES HOPPITT, p~ARE & L~4ASSOC. PENNSYLVANIA N~uKO ASSOC, LTD COMFORT CARE OP HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OF REHAB. DE02-152751 5984-7 --C02. ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMB ERL.-LND EARNEST RE~ ER : VS : DEMICHELE MD ET AL : FHe No. 01-1252 SUBPOENA TO PRODUCE DO---rS OR THINGq FOR DISCOVERY PURSUA.N-r TO RULE 4009 '~'~ CUSTODIAN OF RECORDS FOR: HARTMAN REHAB (N,~me of P~non or -:mi~) rwe..-..? 120) d,iys aftev sev.'ice of th~s subPsC~. ~.9~l~eqd by. ~w ~, m produc, the ~ollowi .~ ~ocument, or ,Ii ~CR C. ROUP INC., 1601 MARKET ST., ~/800, PHILA.,PA 19103 You may dei~.f: or mail feeble copies of the documents or produce thinl~ roqaested by th, ii subpoena, together w,th the certificate a..' compliance, to the par~. mains this request at the addr~e~ Iilled abave. You have the dsm to s.~ ~n advice, the ~uonable cos~ of prepmnS the copi~ or producin8 the ~ ~t. If you faJl to ~oduce the documents or thing1 required by th~s subpaena, wit,b, in twen~ (:Ia) ,*ays after its ser~ :ce. :~e patty. ser~'in~ t~s s~bpoena may seek a cma~ order compellin$ you to comply with THIS SL'SPO ------------------IE~A WAS ISSUED AT THE R£QUEST OF ~ FOLLOWING PERSON': NAM~. ~vA~ RT,ACIC. P. RO. ADDR~$S: 240 G~VI~ AVE.,STE 100 C~ MILL. PA 17011 T~L~PHON~ 215-246-0900 SUPREME CO~ lO ~ Seal of the Co~u't EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARTMAN REHABILITATION ASSOC. 2645 N. 3RD STREET SUITE 490 HARRISBURG, PA 17110 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security ~. 203-28-9289 Date of Birth: 01-16-1936 SU10-304910 5 984 7--LO 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF CO~ON PLEAS EARNEST REIMER TERM, -VS- CASE NO: 01-1252 DE MICHELE M.D. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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. MCS on behalf of DATE: 05/30/2001 EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256187 59847--L10 CO~4ON-W~a~LTH OF PENNSlrLV~d~IA COUI~TY OF ClI~I~ERT IN THE HATTER OF: EARNEST REIHER -VS- DE H~CgF. LE M.D. ET AL COURT OF COI~ON PLEAS TERH, CASE NO: 01-1252 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSLh~qT TO RULE 4009.2! [ Note: see enclosed list of locations ] TO: DANIEL F. ~OLFSON, ESQUIRE HCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If 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 HCS or by contacting our local MCS office. DATE: 05/1012001 CC: EVAN BLACK, ESQUIRE TIH SANTOHIERX - 86063 - 21IPPAS51529 HCS on behalf of EVAN BLACK, ESquiRE Attorney for DEFENDANT Any questions regarding this matter, contact THEM CS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (21S) 246-0900 DE02-152751 59847--C02 RECOIU)S ~EqUESTED >>> LOCATION LIST <<< LOCATION NAH~ PAGE: H~ICAL RECOP. DS & XNAYS HEDICAL, BILLING, AND X-KAY(S) ~EDICAL ~ HOSPITAL BILL X-rAY ONLY MEDICAL, BILLING, AND X-KAY(S) MEDICAL, BILLING, AND X-KAY(S) m~-ALTHSOUTH P~I~KB ILITATIONS FRAN~. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTBSOUTH ~g-qB OF YORK HARTMAN REHABILITATION ASSOC. N~u~OLOGY CENTER, INC. PRISM CONLEY ASSOCL~.TES HOFPITT, PEASE & LIMASSOC. PENNSYLVANIA N~uKO ASSOC. LTD COMFORT CARE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OF REHAB. DE02-152751 59847--C02 _COMMON'WEALTH OF PE~SYLVANIA COUNTY OF CUMBERI..-k.ND EARNEST REIM~ER VS DEMICHELE MD ET AL File No. 01-1252 SUBPOENA TO PRODUCE DOCUlV[~-'N"I'S OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009 ~'~ TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER Ihings: Max GROUP INC.. 1601 MARKET ST., #800, PHILA.,PA 19103 You may deL.,er or mail le~ib · cop es of the documenW or produce tl~in~ r~pae~ed by t~s subp~n~ oge~her w th the certificate ~ ~ompliance, to the p~ m~ng this requflt at the ad~ ~ a~e. You ~ve the right to see~ in advice, the muonable cost of prep~ng the copi~ or producing the ~ ~L If you fail to ~oduce the documents or things required by this subp~l~, witl'.in twenty. (2~) days alter its sea':ce, the parry. sec'ins t~.is subpoena may seek a court order compelling you to comply with THIS SL'BPO~A WAS ISSUED AT THE REQUEST OF TH~ FOLLOWING PERSON: NAM~' ~vaw R~.ACK. ADDR£SS: 240 GRANDVIEW AVE. ,STE 100 CAMP RILL~ PA 17011 TELEPHON'~ 215-246-0900 SUPREM£ COUI~r ID AI'I'O R.%fY FOR: DAI'~ Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER, INC. 890 POPLAR CHURCH RD. SUITE 107 CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304912 5 984 7--LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COF~4ON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256188 5984 7 --Lll COI~I'iO~/~TH OF PENNSI/I.V~%I~IIA COUI~ITY OF CI314I~EI~r-AI~ID IN THE MATTER, OF: EARNEST RKIMER -VS - DE HIC~E M.D. ET AL COURT OF CO~40N PLEAS TERM, CASE NO: 01-1252 NOTICE OF II~R~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PuRSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. ~OLFSON, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days from the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty 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: 05/10]2001 CC: EVAN BLACE, ESQUIRE TIH SANTOMIERI - 86065 - 21IPPA~51529 HCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFL~DANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HA.R.KET STREET ;800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 >>> LOCATION LIST <<< LOCATION NAHE H~)ICAL ~CORDS & X~AYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-IIAY ONLY HEDICAL, BILLING, AND X-RAY(S) H~DICAL, BTT.LING, AND X-RAY(S) m~-AI.THSOUTN REHABILITATIONS F~/~KW. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTHSOUTH REHAB OF YORK HAHTMAN REHABILITATION ASSOC. N~uKOLOGY CENTER, INC. PRISM CO~EY ASSOCIATES HOPFITT, PEASE & LIHASSOC. PENNSYLVANIA NSUKO ASSOC, LTD COHFORT CAKE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OF KEHAB. DE02-152751 59847--C02 ~OMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EARNEST REI~ER VS DEMICHELE MD ET AL File No. 01-1252 TO: SUBPOENA TO PRODUC£ DO~'TS OR THINGS FOR DISCOVERY PURSUA.N-r TO RULE 4009 CUSTODIAN OF RECORDS FOR: PRISM Wbhifl twe..'~..-(~) days ~er sen. ice of t~s subp~ yA~~ ~ ~ ~ ~ produce the foHowiflS documents thing~ gROUP INC., 1601 MARKET ST., #800, PHILA. ,PA 19103 (Address) You may dei~'er or mail le~ble copies of the documents or produce t~ to, quested by this subpoena, together with ce~i~cate ~ :ompliance, to the p~ m~ng this eequflt it the id~ ~ a~e. You ~ve the right ~o seek. in adv~e, the ~monable cost of prep~nS the copi~ oc producing the ~ ~t. If you fi.~l r: ?.oduce the documents or thins! required by this subpoer~ witl'..in rwen~ (2Gl days after its ser%qce, thc p,v~,?' serving ~s st:bpoen& may seek · court order compelling you to comply w~th it. THIS SL'~PO~NA WAS ISSULmD AT THE REQUEST OF THE FOLLOWING PERSON: NAM~' ~vaN RLAC~. ADDRESS: 240 GRANDVIEW AVE.,STE 100 CA~ HILL. PA 17011 TELEPHON~ 215-246-0900 SUPR~M~ CO~ ID ~ Seal of the Court E."f 7/973 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PRISM 175 LANCASTER BLVD. P.O.BOX 2028 MECHANICSBURG,, PA 17055 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: ]EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304914 5 98~ 7 CEltTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COM~fON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256189 5984 7 --L12 C OlVllvlo I~TW -:.a r -TH OF PENN SYI~ V~d~] I A COIII~TY OF ctilV[BEPJ~d~lI) IN THE HATTER OF: EARNEST REIMER -VS - DE HICm~-~.F- M.D. ET AL COURT 0P COI~40N PLEAS TEILM, CASE NO: 01-1252 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: DANT~I. F. ~OLPSON, ESQUIRE HCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro~ 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 completin8 the attached counsel card and returning same to HCS or by contactin$ our local MCS office. DATE: 0511012001 CC: EVAN BLACK, ESQUIRE TIM SANTOM~ERI - 86063 - 21IPPAS51529 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEP]~DANT Any questions reEardinE this matter, contact THE MCS GROUP INC. 1601MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 REcoRDS REQUESTED LOCATION LIST <<< LOCATION N~4E PAGE: 1 H~ICAI, RECORDS & X~AYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & ~'~AYS HEDICAL RECORDS & X]lAYS HEDICAL RECORDS &.]rRAYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XP. AYS HEDICAL P. ECORDS & XEAYS HEDICAL ItECORDS & X~&YS HEDICAL HECORDS & XRAYS HEDICAL, BTT.LING, AND X-~AY(S) HEDICAL AND HOSPITAL BILL X-rAY ONLY HEDICAL, BILLING, AND X-RAY(S) HEDICAL, BILLING, AND X-PAY(S) ~-ALTHSOU~H P. EHABLLITATIONS FRANK W. JACKSON, H.D. HID PENN U~OLOGY, INC. HEALTHSOUTH REHAB OP YORK HART14AN REHABILITATION ASSOC. NEoKOLOGY CENTER, INC. PRISM COrdLEY ASSOCIATES HOPfflTT, PEASE & LIH ASSOC. PENNSYLVANIA I~-uKO ASSOC, LTD COHFORT CA~ OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL I~EYSTONE SPINE CENTER PHYSICIA~ Otr lt~gAR. DE02-152751 59847--C02 C_OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.~ND EARNEST REIM ER VS DEMICHELE ~ ET AL File No. 01-1252 TO: SUBPOENA TO PRODUCE DOCLVM/m,-N'T$ OR TH}NG5 FOR DISCOVERY PURSUA.N-r TO RULE 4009 ~.22 CUSTODIAIq OF RECORDS FOR: COWLEY ASSOC. at GROUP INC., 1601 I~ET ST., #800, PHILA.,PA 19103 You may clei~'e~ or mail legible copies of the document~ or produce thin~s rqlq~aested by this subpoena, together with thc certificate o..' compliance, to the party, ma~.in[ this request at the addx~ ILeal alive. You ~ve the right to see~ in advice, the ~onable cost of prep~n~ the copi~ or producin~ the t~n~ ~ you f,til to ~oduce the doc~amente or things required by this subp(x, nL witl-.in twenty. (2Q) (:lays after its service, the pa.'~.' ser,'ing th. is sT=':poena may se~l( a cmart ord~ compelling .vow to comply with I'HIS SL'~POENA WAS ISSUED AT THE REQUEST OF 'I't.IE FOLLOWING PERSON: NAM[: EVAN RT.~CY. E.qO. ADDRESS: 240 GRANDVIEW AVE. ,STE 100 CAMP RILL. PA 17011 TEL£PHON'~ 215-246-0900 SUPREME CO~lt'[' ID ~ DA'I~ Seal of the Cou.t't Eft 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COWLEY ASSOCIATES PLAZA 21, SUITE 2-1 425 N. 21ST STREET CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates We. quested: up to and including the present. Subject. EARNEST REIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SUlO-304916 5 9 8 4 7 --L12 CERTIFICATE PKEKEqUISITE TO SEI~VICE OF A SUBPOENA PURSUANT TO RULE &009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256190 5 9847 --L13 -TH OF PENNS 'fI- V~!4 IA C OIJI~T Y OF CI. If4]~ E 1~ T - ~bID IN THE HATTER OF: EARNEST REIHER -VS- DE HICg~-~- M.D. ET AL COURT OF C0~40N PLEAS TE~H, CASE NO: 01-1252 NO~ICE OF INTEN~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND ~{INGS FOR DISCOYX-~ PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. ~OLFSON, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (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 t~enty 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: 0511012001 CC: EVAN BLACK, ESQUIRE TIH SANTOHIERI - 86063 - 21IPPAS51529 Any questions reEarding this matter, contact MCS un behalf of EVAN BLACK, ESQUIRE Attorney for DEI~NDANT THE H CS GROUP INC. 1601 HARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 PAGE: 1 RECORDS I~EqUESTEI) >>> LOCATION LIST <<< LOCATION NAME H~nICAL P~CORDS & X~AYS ~DICAL ~ECOKDS & X~AYS MEDICAL RECOP. DS & XHAYS HEDICAL RECORDS & XHAYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XEAYS MEDICAL RECORDS & XP, AYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XRAYS MEDICAL RECORDS & XHAYS HEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL SILL X-RAY ONLY MEDICAL, SILLING, AND X-RAY(S) MEDICAL, BTI.I.ING, AND X-RAY(S) m~.ALTHSOUTH REHABILITATIONS FRANK W. JACKSON. M.D. HID PENN U~OLOGY, INC. HEALTHSOUTH ~EHAB OF YORE HARTMAN REHABILITATION ASSOC. N~oaOLOGY CENTER, INC. PKISH COWLEY ASSOCIATES MOFPITT, PEASE & LIMASSOC. PENNSYLVANIA N~UKO ASSOC, LTD COMPORT CAKE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OF REHAB. DE02-152751 59847--C02 _COMMON'WEALTH OF PENNSY't. VANI..~, COUN'I'Y OF CUMBERLAND ~ES~ RE~ VS DEMICHELE MD ET AL File No. 01-1252 SUBPOENA TO PRODUCE DO~-rs OR THING~ FOR DISCOVERY PURSUANT TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR: MOFFITT PEASE & LIM ASSOC. chinss: MCR gROUP INC.. 1601 MARKET ST., #800, PHILA.,PA 19103 You may dei~.e~ or mail legible copies of the documen~ or produce thin~ nlq. Cited by this subpoena, together with the certificate o.' compliance, to tho p,uvy makin$ this reque.M at the eddtmsl liJtKI above. You have the right to s.~ in advice, the ~uona~le cost of prep~nS the copifl or produ~n~ the t~ ~t. you faJI to ~oduce the documents or thin~ requited ~ ~his subp(:ms~,, witJ'.in twenw. (-)n) days a~e~ its service the pat~. servin~l t~s s~paena may seek a cov~ order compollin! you to comply with Tills 5L~PO~*/A WAS ISSUED AT TIIE K£Qt,'T. ST OF ~ FOLLOWING PERSON: ADDR~: 240 O~VI~ AVE.,STE 100 cA~ H~LL~ PA 17011 TELEPHON~ 215-246-0900 SUPREME CO~ ID ~ Seal of' the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT, PEASE & LIM ASSOC. 1000 N. FRONT STREET WORMLEYSBURG, PA 17043 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 $U10-304918 5 9847 --L13 CEI~TIFICATE pKEP. EQUI$ITE TO Sgl~VICg OF A SUBPOENA PUP, SUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COP~40N PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, EsquIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256191 5984 7 --L14 .TH OF PENNS~rI-. v-/klq' -I' A C Ol.rl~ T Y OF C~'I~ER ? IN THE HATTER EARNEST REI14ER -VS- DE HICHELE H.D. ET AL COUI~T OF C0~ON PLEAS TERM, CASE NO: 01-1252 NOTICE OF INYENT ~O SERVE A SUBPOENA TO PRODUCE DOCU~EI~S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. ~OLFSON, ESQUIRE HCS on behalf of EVAN BLACK~ ESqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (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 co~pleting the attached counsel card and returninH same to HCS or by contactinH our local MCS office. DATE: 0511012001 CC: EVAN BLACK, ESQUIRE TIM SANTOHIE~I - 86063 - 21IPPAS51529 HCS on behalf of EVAN BLACK, ESqUIRE Attorney for DEFENDANT Any questions reHarding this matter, contact TREHCS GROUP INC. 1601 HARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 ~co~s ~q~ST~ >>> LOCATION LIST <<< LOCATION PAGE: 1 H~ICAL RECORDS & XI~YS HEDICAL RECORDS & ][RAYS HEDICAL RECORDS & ~AyS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL RECORDS & HEDICAL RECORDS & XRAYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY P~DICAL, BILLING, AND X-PAY(S) HEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH REHABILITATIONS FRANK~. JACKSON, M.D. MID PENN U~OLOGY, INC. HEALTHSOUTN R~A8 OF YORK HA~TMAN P~EHABILITATION ASSOC. N~uKOLOGY CE~'r~K, INC. PRISM COWLEY ASSOCIATES HOFFITT, PEASE & LIMASSOC. PENNSYLVANIA~uKO ASSOC, L~D COHFORT CARE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPII~IT HOSPITAL KEYSTONE SPINE CEI~T~K PHYSICIAN OF ~RN~B. DE02-152751 59847--C02 COMMON'WEALTH OF PE~SY'LVANIA COUNTY OF CUMB ERL-~ND EARNEST RE~:ER : VS : DEMICHELE MD ET AL : File No. 01-1252 SUBPOENA TO PRODUCE DOCUM~'TS OR THING,~ FOR DISCOVERY PURSUA.N-r TO RULE 4009 TO: CUSTODIAN OF RECORDS FOR:PENNA NEURO ASSOC. ,LTD (N~m, o( PenQn or :hinss: at Meg gROUp 1~C.. 1601 MARKET ST., t~800, PHILA.,PA 19103 (Aclctr~st You moy 4elis'er or mail feeble copies of the do~umefl~ or produce tl~iflf~s r~[uested by t~s sub~n~ together wSth the certificate ~ compliance, ~o cae p~ m~flS this requfl~ at ~he adM ~ a~e. You ~ve the right ~o sff~ ~n advice, the ~uonable cost o~ prep~nS the copifl or produ~n~ the ~ ~t. you fa~l to ~oduce the documents or things requ red by this subJ~M~a, wifl-.ifl twefl~ (20) days a~ter servin~ this s~oefla may sesk a colafl' order compelling you to comply with THIS SL~PO~NA WAS ISSUED AT THE REQUE.qT OF 'ri-Il r--OLLOWING PERSON: NAM~ ~vaM RI.AC.Y. W-qO. ADDRESS: 240 GRANDVIEW AVE.,STE 100 CA~ RILL. PA 17011 TELEPHON~ 215-246-0900 SUPR~{E CO~ I~ ~ Seal ol: the Coo2't EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEURO ASSOC, LTD 108 LOWTHER STREET LEMOYNE, PA 17043 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject :EARNEST REIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304920 5 9847 --L14 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF CO~ON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 eCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 eCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256192 5 9847--L15 COl~l~lOl~l'w--.~r .TH OF PENNSIfI~V.i/~IIA C O I31~I T Y OF IN THE MATTEK OF: EARNEST ~EIMEE -VS- DE MICHELE M.D. ET AL COURT 0P C0~t0N PLEAS TERM, CASE NO: 01-1252 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: DANIEL F. I~OLFSON, ESQUIRE MCS on behalf of EVAN BLACK, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have tventy (20) days fro~ the date listed belov in ~hich to file of record end serve upon the undersigned en objection to the subpoena. If the tventy day notice period is waived or if no objection is made, then the subpoena may be served. Cmaplete copies of eny 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: 05/10/2001 CC: EVAN BLACK, ESQUIRE TIH SANTOHIERI - 86063 - 21IPPA551529 Any questions regarding this matter, contact HCS on behalf of EVAN BLACK, ESqUIRE Attorney for DEFENDANT THE H CS GROUP INC. 1601 pL~R~ET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 ~,ECORDS ~,EqU~S TED LOCATION LIST <<< LOCATION NAME PAGE: 1 H~ICAL RECOEDS & XRAYS t4EDICAL RECORDS & XRAYS t~DICAL K~COP. DS i ~YS ~DI~AL RECOIU)S & MEDICAL RECOP. DS ~ ~&YS I'~DIC&L 1U~COIU)S ~ MEDICAL RECORDS & XRAYS MEDICAL RECOIU)S & XRAY$ MEDICAL ~ECOEDS & XRAYS M~DICAL RECORDS & XP. AYS MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH REHABILITATIONS FRANK W. JACKSON, M.D. MID PENN UROLOGY, INC. R~.ALTHSOUTH R~HAB OF YORK HARTMAN REHABILITATION ASSOC. NEUROLOGY CENTER, INC. PRISM COWLEY ASSOCIATES HOFFITT, PEASE & LIMASSOC. PENNSYLVANIA N~u~O ASSOC, LTD COMFORT CARE OF HOLY SPIRIT HOLY SPIKIT HOSPITAL HOLY SPIRIT HOSPITAL ~$TONE $PII~ C~fE~ PHYSICIAN OF ~'~r~B. DE02-152751 59847--C02 COMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~_ND EARNEST REIMER VS DE MICHELE M.D., ET A; File No. 01-1252 TO: SUBPOENA TO PRODUCE DOCUM~-N"TS OR T'I-IINGS FOR DISCOVERY PURSUANT TO RULE 4009 7'~ CUSTODIAN OF RECORDS FOR: COMFORT CARE OF HOLY SPIRIT (Name of Pe~on Within rwe..-~... (2~) days ~er sec'ice of t~s subp~na, you ~e ordet~ ~ the ~ to produce the following ~ocuments or things: SEE ATTAHCED MCS GROUP INC.~, 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deib,'er or mail legible copies of the document~ or produce thin~ rt~uested by this subpoena, together with the certificate o.' compliance, to the p,u'~, making this request at the add,-e~ IL~e~l above. You have the right to seek, in advance, the ~monable cost of preps'inS the copies ot producing the thin~:l If you f~il to ~oduce the documents or things reclu red by t~is subl:mena, witF~in t~enty. (20) c!ays ~ter its service the p~rry serving t~s subpoena may seek a court' order compelling you to comply with. i*_ TI-tIS SUBPOENA WAS ISSUED AT THE REQUEST OF ~ r=OLLOWING PERSON: NAM~ EVAN BLACK. Ego. ADDRESS: 240 GRANDVIEW AVE.,STE 100 CAMP HILLt PA 17011 TELEPHON~ 215-246-0900 SUPREME COURT ID #: A-i-tO.NEat. FOR: DEFENDANT Seal of the Court (£ff 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMFORT CARE OF HOLY SPIRIT 205 GRANDVIEW CORP. PLACE P. O. BOX 309 CAMPHILL, PA 17001 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-306922 59 8z~7 --L2L5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PUi~SUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF C0~fli0N PLEAS TERM, CASE NO: 01o1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, EsquIRE Attorney for DEFENDANT DEll-256193 5984 7 --L16 -TH OF PENN S 5V~/qIA COU1qTY OF IN THE HATTER EARNEST REIHER -VS- DE HICHELE M.D. ET AL COURT OF CO~N PLEAS TERM, CASE NO: 01-1252 NOTICE OF INTERT TO SERVE A SUBPOENA TO PRODUCE DOCUMEI~ES AND · "~INGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. %/OLFSON, ESQUIRE MCS on behalf of EVAN BLACK, ESqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (20) days from the date listed belme in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty 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 HCS office. DATE: 0511012001 CC: EVAN BLACK, ESQUIRE TIH SANTOKIERI - 86063 - 21IPPA5515Z9 HCS on behalf of EVAN BLACK, ESqUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MAR~T STREET t8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 ~CO~S ~ST~ >>> LOCATION LIST <<< LOCATION NAME PAGE: 1 M~,ICAL RECORDS & XKAYS ~EI)ICAL RECORDS & tRAYS MEDICAL RECORDS & XRAYS ~t~DICAL RECORDS & lLIYS ~tEDICAL RECORDS & IIAYH HEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS NEDICAL RECORDS & XRAYS MEDICAL RECORDS & XRAYS HEDICAL, HILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, HILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) ~lv~I.THSOUTH REHABILITATIONS FRANK W. JACKSON, M.D. HID PENN UROLOGY, INC. HEALTHSOUTH REHAB Off YORK HARTI4AN R~I~BILITATION ASSOC. NEUROLOGY CENTER, INC. PRISH CO~fl. EY ASSOCIATES HOFI~ITT, PEASE & LIMASSOC. PENNSYLVANIA N=uKOASSOC, LTD COMFORT CARR OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL sz[STONE SPINE CENTER PHYSICIAN OF REHAB. DE02-1S2751 59847 --C02 gOMMON'WEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.~ND EARNEST REIMER VS DE MICHELE M.D., ET A; File No, 01-1252 TO: SUBPOENA TO PRODUCE DOCUM~--N'TS OR T'HINGq FOR DISCOVERY PURSUA. N'T TO RULE 4009 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL Wi:hin twe..-~,.. {20) days ~er sec'ice of t~s subp~na, you ~e order~ by ~e ~n to produce the followin~ ~ocuments or SEE ATTAHCED MCS GROUP INC. ~ 1601 MARKET ST., #800, PHILA. ,PA 19103 You may deib.-et or mail le~ib e cop es of the documents or produce th~ requested by th~s subpoena, together ~,i h the certificate ~ compliance, to the pa~'ty matins this request at the adciz~s IL~ed above. You have the ri~:ht to seer,. ~n advice, the .~asonable cost of prep&tinS the copies or producin$ the ti'Lin~ ~t. If you fbi to ~oduce the document! or thJn~3 required by t~s subl:~ee.a, v,~tF~ rwen~ (-~n) days ,~tet its se~':ce, the p,~ry servin$ :his subpoena may seek · cou~ order compeilin~ you to comply with THIS SL'BPOENA WAS ISSUED AT THE REQUEST OF TI-IE FOLLOWING PERSON: NAME: EVAN BLACK. ESO. ADDRESS: 240 GRANDVIEW AVE.,STE 100 CAMP HILL~ PA 17011 TELEPMON:--' 215-246-0900 SUPRE.ME COURT ID #: A'I-~O KNb'~' FOI~ DEFENDANT Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: EARNEST REIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-304924 59847--L16 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER oVS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256194 5984 7 --L17 .TH OF P E NN S %fl.,v~l~ IA C O[~--[~T Y OF IN T~E HATTER 0F: EARNEST KEIHER -VS- DE HICxKI.E M.D. ET AL COURT OP CO~40N PLEAS TERM, CASE NO: 01-1252 N0~ICE OF INTgN'f TO SERVE A SUBPOENA TO PRODUCE DOCUMEN~S AND THINGS FOR DISCOVERY PURSUAI~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. WOLFSON, ESQUIKE MCS on behalf of EVAN BLACK, ESqU~KE intends to serve m subpoena identical to the one that is attached to this notice. You have t~enty (20) days frem the date listed belo~ in~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is waived or if no objection is made, then the subpoena ~ay be served. Complete copies of any reproduced records may be ordered at your expense by co~pletinS the attached counsel card and returnin$ same to MCS or by contactinS our local MCS office. DATE: 05/10/2001 CC: EVAN BLACK, ESQUIRE TIH SANTOHIEKI - 86063 - 21IPPAS51529 HCS on behalf of ~VAN 8LACK, ESQUIRE Attorney for DEFENDANT Any questions regardinE this matter, contact THE HCS GROUP INC. 1601HARXET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 RECORDS KEqUESzE~ LOCATION LIST <<< LOCATION NAHE PAGE: H1~r~l~ RECOP. DS & XRAYS HEDICAL P~GOP. DS & ~&YS HEDICAL I~CORDS & InlAys M~DIC&L RECOKDS & X~AYS MEDICAL P.~COP. DS & X~AYS MEDICAL RECORDS & XRAYS HEDICAL RECORDS & XRAYS HEDICAI. RECORDS & XRAYS H~DICAL RECORDS & XRAYS HEDICAL RECORDS & X~AYS MEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) HEALTHSOUTH R~g~BILITATIONS FRANK~. JACKSON, H.D. HID PENN UROLOGY. INC. HEALTHSOUTH E~NAR OF HAUl. AN REHABILITATION ASSOC. NEUROLOGY CENTER, INC. PR/SM CO$~.~EYASSOCIATES HOFFITT, P~A~E & LIHASSOC. PENNSYLVANIA ~EuRO ASSOC, LTD COHFORT CAKE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTE~ PHYSICIAN OF DE02-152751 5984-7 --CO2_ COMMON'WEALTH OF PENNSYLVANIA COUNTY OF C ,UMBERL-kND EARNEST REIMER VS DE MICHELE M.D., ET A; File No. 01-1252 TO: SUBPOENA TO PRODUCE DOCUNf~-N-FS OR THINGq FOR DISCOVERY PURSUA.N-T TO RULE 4009 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL Within rwe..--~..- C20) days ~er sec'ice of t~s sub~na, you ~e order~ ~ the ~u~ to produ~ the followim~ documents or SEE ATTAHCED MCS GROUP INC.t 1601 MARKET ST., ~800, PHILA.,PA 19103 You may. de~.'~r or mail Ie~b · cop ee of the documents or produce tb..in~,~ ~mested by. t~s subp~na. ~oget~er wi~h the cemficate ~ compliance, to the p~ m~n~ this requ~t at the ad~ ~ a~e. You have the righ~ to see~ tn advice, the ~uonabie cost of prep~nS the ~opi~ or producin~ the t~n~ ~t. if you f,~] to ..-v. oduce the document! or th~ngs tequ red ~v Ih~s subp<~n~ w'it.~..in t~ven~ (2~3) days after :~s sem',ce, the pa~.' sen'lng :~s s~:~'poena may seek · cou~ order compelliml~ ~ou ~o comply with P_ TI-IlS SL'BPO~NA WAS ISSUED AT THE REQUEST OF ~ F--OLLOWING PERSON: NAM~' EVAN BLACK. ESO. ADDRE~.;: 240 GRANDVIEW AVE.,STE CAMP HILLf PA 17011 T£L£PHON=. 215-246-0900 SUPRE.M£ CO~a'l~T ID ATTO R.N E%' ~DI~ DEFENDANT 5e~ ofthe Cou~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST ST, CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject: EARNESTREIMER 22 MEADOW DR., CAMP HH.L,, PA Social Security ~: 203-28-9289 Date of Birth: 01-16-1936 SU10-304926 59847--L17 CERTIFICATE PREKEqUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF COMMON PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256454 5 984 7 --L18 -TH OF P E NN S -f-f_. V~lq IA ¢ OLr[qT Y OF IN THE HATTER OF: EARNEST REIHER -VS- DE HICHELE M.D. ET AL COURT OF CO~ON pI.~.A.~ TERM, CASE NO: 01-1252 NOTICE OF IN~EN~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN~ TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DANIEL F. WOLFSON, ESQUIRE MCS on behalf of EVAN BLACK, ESqUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in ~hich 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: 0511012001 CC: EVAN BLACK, ESQUIRE TI)4 SANTOMIERI - 86063 - 21IPPA551529 HCS on behalf of EVAN BLACK, ESqUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 HARKET STREET ~8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 PAGE: ' KECOlmS REQUESTED >>> LOC~TION LIST <<< LOCATION NAHE ~r)TCAL RECOEDS & X~AYS ~EDICAL RECO~OS & X~AYS HEDICAL RECORDS & X~AYS HEDICAL RECORDS & ~RAYS HEDIC~t, RECORDS & XRAYS HEDICAL RECOP. DS & XRAYS HEDICAL RECORDS & XRAYS HEDICAL KECORDS & XRAYS H~DICAL RECORDS & XRAYS HEDICAL RECORDS & XBAYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY HEDICAL, BILLING, AND X-RAY(S) MEDICAL, BTLLING, AND X-RAY(S) HEALTHSOUTH REHABILITATIONS FRANK W. JACKSON, M.D. HID PENN U~OLOGY, INC. HEALTHSOOTa K~AR OF YORK HA~I'HAN KEHABILITATION ASSOC. NSoKOLOGY CENTER, INC. PRISH COWLEY ASSOCIATES HOFFITT, PEASE & LIHASSOC. PENNSYLVANL~N~uKO ASSOC. LTD COMFORT CAKE OF HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIP~TT HOSPITAL KEYSTONE SPINE CENTER PHYSICIAN OF DE02-1§27S1 598z~-7--C02 COMMON'WEALTH OF PENNSY'LVANI.,'~ COUN'I-Y OF CUMBERLA.ND EARNEST REIMER VS DE MICHELE M.D., ET A; File No. 01-1252 TO: SUBPOENA TO PRODUCE DOC'UM~.~--N-rs OR THINGR FOR DISCOVERY PURSUA_N-r TO RULE 4009 CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER Within rwe..-,~.,.. ~) days ~er se~'ice of t~s subp~, you ~e order~ ~ the ~un to produce the following ~oc~mems or :hings: SEE ATTAHCED at MCS GROUP INC./ 1601 MARKET ST., #800, PHILA.,PA 19103 You may. deLh'er or mail e~b e copies of the documents or produce th,b"~ re~!uested by. ti~s subpoena, together ~l~h ~e ce~ificate ~ compliance, to the p~ m~ng this request at the ad~ ~ a~e. You ~ve the right to se~ ,n advice, the muonabie cost of prep~nS the copi~ or producing the t~n~ ~t. If you fa~l to ~oduce the documentl or thingl requ red by thJs subpoena, w~tJ',.in twenvy (20} days ~fter serving ~is s~poena may seek a cm~' order compelling you to comply with THIS SL'BPOENA WAS ISSUED AT THE REQUEST OF 'rH'E FOLLOWING PERSON: NAME: EVAN BLACK. ESO. ADDRF.$S: 240 GRANDVIEW AVE.,STE 100 CAMP HILLt PA 17011 TELEPHON=- 215-246-0900 SUPREME COUI~T ID #: ATTO RNE~f r-ol~ DEFENDANT Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KEYSTONE SPINE CENTER 1521 CEDAR CLIFF DRIVE CAMP HILL, PA 17011 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EARNEST REIMER 22 MEADOW DR., CAMP HILL,, PA Social Security #: 203-28-9289 Date of Birth: 01-16-1936 SU10-305198 5 9 8 4 7 --L18 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO ltULE 4009.22 IN THE MATTER OF: EARNEST REIMER -VS- DE MICHELE M.D. ET AL COURT OF C0~940N PLEAS TERM, CASE NO: 01-1252 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQUIRE 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 sou§bt 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: 05/30/2001 MCS on behalf of EVAN BLACK, ESQUIRE Attorney for DEFENDANT DEll-256196 59847 --L19 C Ol~O ~T -TH OF coUNTY OF CT~EI~T .~.ND IN THE HATTER EARNEST KEIHEE -VS- DE MICHI'~I.E M.D. ET AL COURT OP COI~40N pL~.~ TERM, CASE NO: 01-1252 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: DANIEL F. I~)LFSON, ESQU~F~ MCS on behalf of EVAN BLACK, ESQUIRE ~ntends 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 ~wenty 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 cmepleting the attached counsel card and returning same to HCS or by contacting our local MCS office. DATE: 0511012001 CC: EVAN BLACK, ESQUIRE TIH SANTO~IER~ - 86063 - 21IPPA551529 HCS on behalf of EVAN BLACK~ ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact T~D~ MCS GROUP INC. 1601 MARKET STREET ~800 PNTT.ADELPHIA, PA 19103 (215) 246-0900 DE02-152751 59847--C02 ' coRDs REquRs D LOCATION LIST LOCATION NAHE PAGE: P~.~CAL P~ECO~DS & X~AYS HEDICAL RECORDS & t'~Ays HEDICAL RECORDS & HEDICAL RECORDS & X~AYS HEDICAL RECORDS & XHAYS MEDICAl. RECORDS & X~AYS HEDICAL RECORDS ~ XRAYS H~DICA]. RECORDS & HEDICAL RECORDS & X~AYS HEDICAL RECORDS & X~AYS HEDICAL, BILLING, AND X-RAY(S) HEDICAL AND HOSPITAL BILL X-RAY ONLY HEDICAL, BILLINg, AND X-RAY(S) HEDICAL, BILLING, AND X-PAY(S) m~.ALTHSOUTH ~,BILITATIONS FRANK~. JACKSON, H.D. HID PENN UROLOGY, INC. HEALTHSOUTH REHAB OF YORK HA~THAN REHABILITATION ASSOC. N~oKOLOGY CENTE~, INC. co~LEYASSOCIATES HOFFITT, PEASE & LIHASSOC. PENNSYLVANIA~suKO ASSOC, LTD COMPORT CAHE OP HOLY SPIRIT HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL KEYSTONE SPINE CENTEK PHYSICIAN Off ~AB. DE02-152751 59847--C02 GOMMON'WEALTH OF PE~SYI. VANIA COUN'D{ OF CUMBERL.~ND EARNEST REIMER VS DE MICHELE M.D., ET A; 01-1252 TO: SUBPOENA TO PRODUCE DOCUM~.~,-'N-rs OR THINGq FOR DISCOVERY PURSUA=N-r TO RULE 4009 ~'~ CUSTODIAN OF RECORDS FOR: PHYSICIAN'S REHAB. MEDICINE W~thin rwe..-~..- C~) days ~er sec'ice of ~s subp~na, you ~e order~ ~ the ~ to produce the followin~ ~oc~mems or things: SEE ATTAHCED MC$ GROUP INC.~ 1601 MARKET ST., #800, PHILA.,PA 19103 You may deE"eT or mail e~b · copies of the documents or produce thixt~ r~qaested by this subpoena, ogether with the ce~ificate o.' compliance, to the parry, maJcing this request at the ad~',mm lJ~esl above. Yo~ ~ve the right to see~ in advice. ~he ~uonable ~ost o~ prep~nS the copi~ or producing the t~n~ ~t. you fa~l to ~oduce the documents or things required by this sublx~,~a, w'itl-.ln rwenw. (2Q) days after its sea':ce, the p~ry se~'in~ ;?6s s~=poena may seek a cou~ order compellin; you to comply with TMIS SL-BPOENA WAS ISSUED AT THE REQUEST OF T'H'E FOLLOWING PERSON: NAM~' EVAN BLACI~. ESO. ADDRESS: 240 GRANDVIEW AVE. ,STE 100 CAMP HILLy PA 17011 TELEPHON=. 215-246-0900 SUPRE.M£ COU~T ID #: A'I'I'O R.W ~' FOR: DEFENDANT 13Al'E: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHYSICIAN OF REHAB. 175 LANCASTER BLVD. P.O. BOX 2028 MECHANICSBURG, PA 17055 RE: 59847 EARNEST REIMER Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. sDa. t.es Re.o~uested: up to and including the present. ubject · EARNESTREIMER 22 MEADOW DR., CAMP HILL,, PA Social Security ~. 203-28-9289 Date of Birth: 01-16-1936 SU10-304930 59847--L19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. Iq.EIMER AND CATHERINE F. REIMER, his wife, 22 Meadow Drive Camp Hill, PA 17011 Plaintiffs VS. STEVEN WOLF, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA, LTD. Harrisview Professional Center 108 Lowther Street Lemoyne, PA 17043-0107 NO. 01-1252 CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PI.R&SE ISSUE a Rule upon the Plaintiffs to file a Complaint against Defendant, Steven Wolff M.D., within twenty (20) days after service thereof, or suffer judgment of non pros as provided in Pennsylvania Rule of Craig A. Supreme DATE: 3/30/01 By: 3401 Nor P.O. Box ;dure 1037(a). ODSIDE 5quire I.D. #15907 ~nt Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Steven Wolf, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERIaM~D COUNTY, PENNSYLVANIA ERNST A. REIMER AND CATHERINE F. REIMER, his wife, 22 Meadow Drive Camp Hill, PA 17011 Plaintiffs VS. STEVEN WOLF, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OF CENTRAL PA, LTD. Harrisview Professional Center 108 Lowther Street Lemoyne, PA 17043-0107 NO. 01-1252 CML ACTION - LAW JURY TRIAL DEMANDED RULE TO: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Counsel for Plaintiffs A RULE is hereby issued upon the Plaintiff, Ernst A. Reimer and Catherine F. Reimer, his wife, to file a Complaint against Defendant, Steven Wolf, M.D., within twenty (20) days after service hereof, or suffer a judgment of non pros. DATED: ~,~g~ ~7~/ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNST A. REIMER AND CATHERINE F. REIMER, his wife, 22 Meadow Drive Camp Hill, PA 17011 Plaintiffs STEVEN WOLF, M.D. 875 Poplar Church Road Camp Hill, PA 17011-2208 MICHAEL A. DEMICHELE, M.D. LAWRENCE B. ZIMMERMAN, M.D. PETER M. BRIER, M.D. and INTERNISTS OP CENTRAL PA, LTD. Harrisview Professional Center 108 Lowther Street Lemoy-ne, PA 17043-0107 NO. 01-1252 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance as counsel for Defendant, Steven Wolf, M.D., in the above-captioned action. By: IM ~ ~WOODSIDE C r a ~g~. ~/o~, E sq-uire Supreme ~o~rt I.D. #15907 3401 Nortl~ront Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Steven Wolf, M.D. DATED: March 30, 2001 _.CERTIFICa~TE OF SERVlC~. I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Daniel F. Wolfson, Esquire Lewis H. Markowitz, Esquire Wolfson & Associates, P.C. 267 East Market Street York, PA 17403 Counsel for Plaintiffs Evan Black, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Counsel for Co-Defendants DATED: March 30, 2001 By: Craig A. Su Supreme C~ 3401No~h ~ODSIDE o~'squire I.D. #15907 nt Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Steven Wolf, M.D.