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Home My WebLink About11-2569SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor s t? Scott P. Goodyear Case Number vs. Richard Lee Griffiths (et al.) 2011-2569 SHERIFF'S RETURN OF SERVICE 03/17/2011 02:06 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2011 at 1406 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Richard Lee Griffiths, by making known unto Donalu Green, Receptionist for Healing Arts Surgical Associates at 1 Tyler Court, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correc co y of t e same. L MICHELLE GUTS LL, DEPUTY 03/17/2011 02:06 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2011 at 1406 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Healing Arts Surgical Associates, by making known unto Donalu Green, Receptionist for Healing Arts Surgical Associates at 1 Tyler Court, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct opy of the same. MICHELLE GUT ALL, DEPUTY SHERIFF COST: $50.00 March 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c ,cun?•, t os `t. ?,,?. C O TA 2011 OR -1+ Pil 1: W CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates SCOTT P. GOODYEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. ACTION NO.: 11-2569 RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Wiley P. Parker, Esquire, and Amy B. Leonard, Esquire, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates., the Defendants in the above- captioned matter. Dated: ri I 12-011 HENRY & BEAVER LLP By: WILEY P. PARKER, Esquire I. D. #20653 ? 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendants Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates HENRY & BEAVER LLP By:, AMY B'1 NA D 1. D. # 9 3161 9 37 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendants Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates CERTIFICATE OF SERVICE I, Wiley P. Parker, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within April I , 2011 upon the following person(s) on Entry of Appearance in the manner specified below: Name Manner of Service Joseph S. Lukomski, Esquire U.S. First Class Mail ROVNER, ALLEN, ROVNER ZIMMERMAN & NASH 175 Bustleton Pike Feasterville, PA 19053 Date: April 1 , 2011 tJ ' t.- I J L 'is JF. r'Ur P "oTtljo OTAR'' 2011 APP -k, PN 1: 43 HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Lee Griffiths, Healing Arts Surgical Associates 1MBBRLAND COUNT`i' PENNSYLVANIA D.O. and SCOTT P. GOODYEAR, Plaintiff V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : ACTION NO.: 11-2569 PRAECIPE FOR RULE TO FILE COMPLAINT TO: THE PROTHONOTARY: Enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or judgment of non pros will be entered. 1 WILEY P. PAR ER, Esquire I.D. #20653 Attorney for Defendants Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof or suffer judgment of non pros. -2- ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: James E. Hockenberry, Esquire I.D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 hockenj andial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. ) 0, T PH 12: 22 'JM3Er L 'i3 t;i p r COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the Verification of Scott P. Goodyear, which is attached to this Praecipe, to Plaintiffs Civil Action Complaint. Respectfully submitted, BY: Jame E. Ho kenberry, Esquire 1. D. No.. 3 Attorneys for Plaintiffs Rovner, Allen, Rovner, et al. 175 Bustleton Pike Feasterville, PA 19053 215-953-2730, ext. 2311 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: James E. Hockenberry, Esquire I.D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 hockenga-dial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff, Scott P. Goodyear, hereby certify that I served a true and correct copy of Plaintiff's eraecipe to Attach Verification via United States mail, postage pre-paid, in the day ofM<_2011, as follows: Wiley P. Parker, Esquire UU Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully submitted, BY: James . Ho enberry, Esquire 1. D. No.: 133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et al. 175 Bustleton Pike Feasterville, PA 19053 215-953-2730, ext. 2311 HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates SCOTT P. GOODYEAR, Plaintiff V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants .w > j t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACTION NO.: 11-2569 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: James E. Hockenberry, Esquire ROVNER, ALLEN, ROVNER ZIMMERMAN & NASH 175 Bustleton Pike Feasterville, PA 19053 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, 1 intend to enter a Judgment of Non Pros against you after thirty (30) days of the date of the filing of this notice if a Certificate of Merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates The Judgment of Non Pros will be entered as to the following claims: All professional liability claims against all Defendants. HENRY & BEAVER LLP By WILEY P. - 1. D. # 206 3 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates -2- CERTIFICATE OF SERVICE I, Wiley P. Parker, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within June 24, 2011 upon the following person(s) on Praecipe for Rule to File Complaint in the manner specified below: Name Manner of Service James E. Hockenberry, Esquire ROVNER, ALLEN, ROVNER ZIMMERMAN & NASH 175 Bustleton Pike Feasterville, PA 19053 Date: June 24, 2011 U.S. First Class Mail WILEY P. PARKER i* TNF P FILED-OFFICE ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH ROTNQNpTAa By: James E. Hockenberry, Esquire 2011 JUN 30 AM 11: 4 I . D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike CUMBERLAND CGUtiTY Feasterville, PA 19053 PENNSYLVANIA 215.953.2730, ext. 2311 hockenj(&-dial-law.com SCOTT P. GOODYEAR COURT OF COMMON PLEAS FOR Plaintiff, CUMBERLAND COUNTY V. No.: 2011 - 2569 RICHARD LEE GRIFFITHS, D.O. and ) Medical Professional Liability HEALING ARTS SURGICAL Civil Action CENTER ) Defendant. ) CERTIFICATE OF MERIT AS TO RICHARD LEE GRIFFITHS. D.O. PURSUANT TO Pa.R.C.P. 1042.3 I, James E. Hockenberry, Esquire, certify that: an appropriate licensed professional has supplied a written statement to 1W the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against defendant. Respectfully submitted, BY: J mes . Hockenberry, Esquire ouns Jfor Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: James E. Hockenberry, Esquire I.D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 hockenj@dial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff, Scott P. Goodyear, hereby certify that I served a true and correct copy of Plaintiff's Certificate of Merit as to Defendant Richard Lee Griffiths, D.O. Pursuant to Pa.R.C.P. 1042.3 via United States mail, postage pre-paid, in the a916i"day of June, 2011, as follows: Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully submitted, BY: J es E. ockenberry, Esquire 1. No.: 1133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et al. 175 Bustleton Pike Feasterville, PA 19053 215-953-2730, ext. 2311 or rkir pR- oF?ICE ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH HONOTA?y By: James E. Hockenberry, Esquire 1611 JUN 30 I.D. No.: 91133 Counsel for P! AN 1?: 175 Bustleton Pike WBERL ANo PA 19053 PQ S yt coutiry VANIA Feasterville, 215.953.2730, ext. 2311 hockenj(aD-dial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action CERTIFICATE OF MERIT AS TO HEALING ARTS SURGICAL CENTER PURSUANT TO Pa.R.C.P. 1042.3 I, James E. Hockenberry, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professional(s) for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professional(s) in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against defendant. Respectfully submitted, BY: J es Hockenberry, Esquire C for Plaintiff ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: James E. Hockenberry, Esquire I.D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 hockenj(a-dial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff, Scott P. Goodyear, hereby certify that I served a true and correct copy of Plaintiffs Certificate of Merit as to Healing Arts Surgical Center Pursuant to Pa. R. C. P. 1042.3 via U n ited States mail, postage pre-paid, in the a q day of June, 2011, as follows: Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully submitted, BY: 4ames E. ockenberry, Esquire I. . No. 1133 Attorneys for Plaintiffs Rovner, Allen, Rovner, et al. 175 Bustleton Pike Feasterville, PA 19053 215-953-2730, ext. 2311 ORIGINAL HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 n N (=? By: Amy B. Leonard C= Identification No. 93526 r i M a c 'n rn - 937 Willow Street 5M r- ? ,'r P.O. Box 1140 .z-- Q PA 17042-1140 Lebanon r-:? +? , (717) 274-3644 ' ' Attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates SCOTT P. GOODYEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. ACTION NO.: 11-2569 RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the New Matter set forth herein, and to defend the action. You have twenty (20) days in which to file a responsive pleading. Failure to respond waives proper defenses or objections. HENRY & BEAVER LLP By: i.v. TrLVVJN 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendants Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 By: Amy B. Leonard Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates SCOTT P. GOODYEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. ACTION NO.: 11-2569 RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT 1. Admitted on information and belief. 2. The identity and address of Answering Defendant are admitted. It is admitted that Plaintiffs are asserting a Professional Liability claim against said Defendant, however it is denied that said claim is meritorious. 3. Denied as stated. It is admitted that Defendant, Healing Arts Surgical Associates, is the fictitious name of the sole proprietorship owned and operated by Defendant, Richard Lee Griffiths, D.O. The address of Defendant is admitted. 4. Denied as stated. See answer to Paragraph 3, above. 5. Denied. See answer to Paragraph 3, above. 6. Admitted. 7. Admitted. 8. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averments. By way of further response, such symptoms would be anticipated following an inguinal hernia repair. 9. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averments. By way of further response, Answering Defendant believes and therefore avers that a hematoma in the area of Plaintiffs penis would not be unanticipated during the recovery period from his surgery. 10. Admitted, however, the records of that visit more completely reflect the nature and extent of Answering Defendant's physical examination of Plaintiff, and said records, as written documents, speak for themselves. 11.Admitted, however, by way of further response the records of that visit more completely reflect the nature and extent of Answering Defendant's physical examination of Plaintiff and additional testing, and said records, as written documents, speak for themselves. 12.Admitted, however, the records of that visit more completely reflect the nature and extent of Answering Defendant's physical examination of Plaintiff, and said records, as written documents, speak for themselves. By way of further response, Plaintiff was prescribed Cipro for 1 month and advised to continue NSAIDS. In addition, Plaintiff was offered a referral to a urologist for a second opinion, but Plaintiff declined at this visit. 2 13.After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averment, in that the means of proof are solely within the control of other parties to the instant litigation, namely Plaintiff, and as such, strict proof thereof is demanded at trial, if relevant. 14. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averments, in that the means of proof are solely within the control of other parties to the instant litigation, namely Plaintiff, and as such, strict proof thereof is demanded at trial, if relevant. COUNT I - PROFESSIONAL NEGLIGENCE SCOTT P. GOODYEAR V. RICHARD LEE GRIFFITHS, D.O., d/b/a HEALING ARTS SURGICAL CENTER 15. The responses contained in Paragraphs 1 through 14 above are incorporated herein by reference as though fully set forth. 16. Denied as stated. it is specifically denied that Answering Defendant breached the standard of care or was negligent in any regard. a. - c. These allegations are denied in accordance with the provisions of Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 17. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Answering Defendant. 18. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Answering Defendant. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed. 3 NEW MATTER 19. The responses set forth in paragraphs 1 through 22 above are incorporated herein by reference as though fully set forth. 20. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 21. At all times material hereto Answering Defendant provided full, complete, proper, reasonable and adequate care and treatment in accordance with the applicable standard of care. 22. No conduct on the part of Answering Defendant was a substantial factor or factual cause of any harm alleged by Plaintiff. 23. Plaintiff may not have properly mitigated damages. 24. Plaintiff's alleged losses, injury or damage, if any, may be the result of natural or unknown causes and not the result of any action or inaction on the part of Answering Defendants. 25. In the event that Plaintiff suffered any loss, injury or damage as alleged in the Complaint the damages may have been caused by the conduct of others whom Answering Defendants had no right, duty or ability to control. 26. Answering Defendants believe and therefore aver that the care in the instant matter may be subject to the two schools of thought doctrine. 27. Plaintiffs alleged loss, injury or damage, if any, may be the result of the Plaintiffs disease process and not the result of any action or inaction on the part of Answering Defendants. 4 28. Plaintiff's claims and/or requests for damages may be barred or limited pursuant to the provisions of the Health Care Services Malpractice Act of 1975 (40 P.S. §1301.1-1 et seq. as amended). 29. Plaintiffs claims and/or request for damages may be barred in whole or in part or limited by the provisions of the Medical Care Availability and Reduction of Error Act (40 P. S. §1303.1 et seq.) 30. Answering Defendants may be entitled to assert and incorporate herein by reference any and all defenses contained in the Federal Health Care Quality Improvement Act (P.L. 99-660). 31. Plaintiffs claim may be barred in whole or in part pursuant to the legal doctrines of res judicata or collateral estoppel, to the extent that they may apply to this action. 32. Plaintiffs claims may be barred or reduced in whole or in part by reason of Plaintiffs comparative or contributory negligence or assumption of the risk. WHEREFORE, Answering Defendants demand that Judgment be entered in their favor and against Plaintiff and that Plaintiffs Complaint be dismissed, with prejudice. HENRY & BEAVER LLP By. WILEY P. P? , Esquire I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Richard Lee Griffiths, D.O. and Healing Arts Surgical Associates 5 VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Richard Lee Griffiths, D.O. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Answer and New Matter by regular United States mail, postage prepaid, on August 3 , 2011 to the following: James E. Hockenberry, Esquire ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH 175 Bustleton Pike Feasterville, PA 19053 ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH ='PUT1i0 lOTAh' B m James E Hockenber Es Hire y. rY q I . D. No.: 91133 Counsel for PlaintiW 1 l AUG I I AM 11: 31 175 Bustleton Pike CUMBERLAND COUNTY Feasterville, PA 19053 PENNSYLVANIA 215.953.2730, ext. 2311 hockeniB-dial-law.com SCOTT P. GOODYEAR COURT OF COMMON PLEAS FOR Plaintiff, CUMBERLAND COUNTY V. RICHARD LEE GRIFFITHS, D.O. and ) HEALING ARTS SURGICAL CENTER ) Defendant. ) No.: 2011 - 2569 Medical Professional Liability Civil Action PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 20-32. These averments are denied generally pursuant to Pa.R.C.P. 1029(e). In addition, said averments are conclusions of law to which no response is required. Respectfully submitted, By: James p. Hoc nberry, Esquire Couns aintiff J ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH By: James E. Hockenberry, Esquire I.D. No.: 91133 Counsel for Plaintiff 175 Bustleton Pike Feasterville, PA 19053 215.953.2730, ext. 2311 hockeniO-dial-law.com SCOTT P. GOODYEAR Plaintiff, V. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL CENTER Defendant. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY No.: 2011 - 2569 Medical Professional Liability Civil Action CERTIFICATE OF SERVICE I, James E. Hockenberry, Esquire, counsel for Plaintiff, Scott P. Goodyear, hereby certify that I served a true and correct copy of Plaintiffs Response tom Defendants' New Mattervia United States mail, postage pre-paid, in the day of August, 2011, as follows: Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully submitted, BY: James E. oc nberry, Esquire Counsel fo aintiff o &DOcd{ vs 1',G14a v Lee- &r; P -h /--Po To the Court: Case No. 2t011 -- a sb STATEMENT OF INTENTION TO PROCEED SC 6-D0ea{ Print Name QWVFC s 4o4 -GN uG Date: el/SIP( C) • rn r- <cp'T1 O intends to proceed with the above captioned ifiatterr=1 Sign Name Attorney IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed. David D. BueII Prothonotary Case# (s) 11-2569 Office of the Trothonotag Cum6erfand County, PA NOTICE OF PROPOSED TERMINATION OF COURT CASE To: JAMES E. HOCKENBERRY, ESQ. LAW OFFICE OF LEON AUSSPRUNG The court intends to terminate this case(s) without further notice because the docket shows no activity in the case for at least two years. You may stop the court from terminating the case by filing a Statement of intention to Proceed. The Statement of Intention to Proceed should be file with the Prothonotary of the Court at: CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE — SUITE 100 CARLISLE, PA 17013 717-240-6195 On or before OCTOBER 28, 2014. IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED. August 29, 2014 Date of this Notice David D. Buell, Prothonotary CHECK YOUR CASE(S) # at www.ccpa.net Put your cursor on the word "Government" for a drop down box. Then put your cursor on the word Courts. Click on the word "Prothonotary". This will bring you to the "Prothonotary Home Page". On the left hand Navigation Bar click on "Searchable Civil Records by Docket #". Follow these directions exactly to view your Case(s). Note: The complete list can be found at www.ccpa.net SCOTT P. GOODYEAR, Plaintiff v. RICHARD LEE GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : ACTION NO.: 11-2569, • PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Please mark the docket in the above captioned matter Settled, Discontinued, and Ended. LAW OFFICES OF LEON AUSSPRUNG. By: DAMECKENBERRRY, Esquire I.D. #9 2005 Market Street Suite 2300 Philadelphia, PA 19103 Attorney for Plaintiff