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Home My WebLink About04-3829BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff V. JUDY M MOORE 1502 Holly Pike, #1, Carlisle PA 17013-9103 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D T 3 a .2? C'_? CIVIL ACTION - LAW COMPLAINT 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 (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 claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-1349 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA V. JUDY M MOORE 1502 Holly Pike, #1, Carlisle, PA Defendant NO. CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Judy M Moore, who resides at 1502 Holly Pike, #1, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5398400021228615 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $4,254.44. Wherefore, plaintiff demands judgment against defendant for the sum of $4,254.44, and the costs of this action. BURTONELT,.& ASSOCIATES, P.C. Bye BGudon Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. YourAWUnit+ersalCard Statement March 6 - April 6, 2004 JUDY M MOORE Account S M 400 2122 8815 Calling Card 8780447704 + PIN ry? A Minimum Payment Due ...................... ................... SBB6.10 Due Date• ............................................. ........... May 9. 2004 'Payment mum be raceiwd by 1:00 pm local time on the psymom duo deb. Amount Past Due ............................... ................... $274.7 Amount Over Limit ............................ ................... $604.44 Credit Line ............................................. ................ $3,750.00 Available Credit ..................................... ....................... $0.00 Cash Advance Limit .............................. ....................... $ 0.00 Available Cash Advance Limit ............. $ ....................... 0.00 (U 9 °141'1 h1'f"'. ?ON 161?M'; mow Previoue Balance 4,079.15 Paymentsa dAdjustments 0.00 MasterCard Activity 175.29 Total AT&T Services 0.00 New Balance $4,264.44 Note: Detailed activity starts on page 3 Page 1 of 3 a - -- `T How To Reach Us Account Online: www.universalcard.mm Customer Service: 1 800 423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Your account is past due and your balance is over the credit line. To ensure you continue to receive the many benefits of your cardmembership, please send the Minimum Amount Due shown. If you have already sent us this payment, thank you. Payment Record Amount Paid: Date Paid: Check Number: Please follow Payment lastructlons outlined In the "Important Instructions for Making Payments" section of the statement. %ji Arib Ymw Accwat Number 05398400021228615425444885105901 5398 4000 2122 8615 Amax Elder Amount of Payment Endaaed Payment Muff b eoxh7N By 11 year Total ealaxf Methodist, Amount Due c MAY 03 2004 $4254.441 $885.1011 $ 1 2493 MC 20 A I M7050594 rill111..1111...lllrrllrrl rlrll lllrrlflllllrrl rrl llllllrllrrlr rr rill 110.1. Hail hill rein 10.1. ...1111 .... rllrrlJ.1 JUDY M MOORE AT&T UNIVERSAL CARD 1502 HOLLY PIKE 41 P.O. BOX 8104 CARLISLE BRKS PA 17013-9103 S HACKENSACK, NJ 07606-8104 nrlfralnrlnnrf nrr.alto.llurrurlarlrn rntfrtrlnurarr EXHIBIT -A JUDY M MOORE Account 5398 4000 2172 8015 March 5 - April 8, 2004 In the retum envelope, please: 1 Enckiseyourcheckormoneyorder.Include your account number and name on the front of your check or money order. Please, no cash or foreign currency. Z Enclose yoarpaymentcoupon. Do not staple or tape it to your payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the window of your remittance envelope. Page 2 of 3 0 X%T JUDY M MOORE Account 5398 4000 2122 8315 March 5 - April 6, 2004 FAR Page 3 of 3 i ; X%T Purchases ......................................................................................... ............................................................... 0.00 Cash Advances and Checks ........................................................... ............................................................... 0.00 Finance Charges .............................................................................. ........................................................... 101.29 Fees ................................................................................................... ............................................................. 74.00 Total MasterCard Activity ............................................................. ......................................................... $176.29 ®l Purchases Total MasterCard Purchases ............................................. $0.00 T1 CashAdsances Cash Advance Limit ..................................... $0.00' 'This represents a portion of your total credit line. I FinanceChaWhtfGrmation Days In Balance Periodic Transaction ANNUAL Nominal Periodic x Billing x Subject to = FJNAtlGE + FeeIPM9AfGP PERCENTA APR Rate Period Finance Charge 2NARGE r CHARGE E RATE PURCHASES Standard Purch 27.990% .07668%(D) x 32 x $238.07 = $5.84 + $0.00 27.990% Purch/CashAdv thru 05/06/03 27.990% .07668%(D) x 32 x $3,889.94 : $95.45 + $0.00 27.990% CASH ADVANCES Standard Adv 22990% .07668%(D) x 32 x $0.00 v $0.00 + $0.00 27.990% Total FINANCE CHARGE _ $101.29 Fees Standard Purch Trans Post Description Amount 04/06 LATE FEE - MAR PAYMENT PAST DUE 39.00 _ 04/06 OVER CRED IT IIMTT FEE is 00 Total Fees $74.00 I;xt?r?e6?$I AT&T Universal Calling Card Calls ......................................................................................................... $0.00 VERIFICATION TWO &OSS is Attorney Management Specialist for Citibank (South Dakota) N.A. the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: 711 104 C 0 h 0 OhQm-) Judy M Moore 5398400021228615 ?? ? ?? ?--? ? > ? ? --? , , c>.? -? -n _ '. ?:' ?, ? ? C" _. ?- 4.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-03829 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS MOORE JUDY M SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOORE JUDY M the DEFENDANT , at 1225:00 HOURS, on the 6th day of August 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JUDY M MOORE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this day of ruJ a?naY A.D. fit, r. ),L. d 8rothonotary So Answers; R. Thomas Kline 08/06/2004 BURTON NEIL & ASSOC By: Dep Sher-if CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff VS. JUDY M MOORE 1502 Holly Pike, #1 Carlisle PA 17013-9103 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3829 CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: Credit: TOTAL $4,254.44 -160.00 $4,094.44 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED BURTON NE/ & AS,ffOCIATES, P.C. AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER R.CI V.P. 236 BY: ` `"Neil, squire e" ? . Attorney for aintiff Pro Prothonotary I.D. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-1349 CrIMANK (SOUTH DAKOTA) NA. : IN THE COURT OF COMMON PLEAS Plaintiff VS. JUDY M MOORE CUMBERLAND COUNTY, PENNSYLVANIA : N0.04-3829 Defendant : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Judy M Moore 1502 Holly Pike, #1 Carlisle PA 17013-9103 DATE OF NOTICE: August 30, 2004 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or obligations to the claims set forth against you. Unless you act within ton (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 rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990- 108 BURTONNEASSQCIATES, P.C. JJJJJJ '" 13Y: t -. u _.-Burton Nell, Esquire Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. C-1349 -Ca 7V ? -o W r N G - w. y.. il n -7- e it ?' ?? ICJ i cn l J]" CID LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire Attorney I.D. No. 78028 1500 Walnut Street, 18' Floor Philadelphia, PA 19102 (215) 875-8000 Attorney for Plaintiffs FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs V. LI MIN LIU, M.D., et al. AUGUST TERM, 2004 NO. 043829 Defendants PETITION TO STRIKE JUDGMENT OF NON PROS Plaintiff respectfully seeks through this Petition to strike the entry of judgment of non pros and in support of the Petition states as follows: This medical negligence action was filed on August 10, 2004. 2. Prior filing suit, plaintiff obtained an Affidavit of Merit from a board certified oncologist attesting to there being a reasonable basis for the claims in this action. 3. The expert's Affidavit was signed and received by telefax on July 28, 2004. 4. Inadvertently, an attorney Certificate of Merit was not filed within the time by the Pennsylvania Rules. On October 13, 2004, without any notice being provided to plaintiff, defendants filed a Praecipe for Entry of Judgment of Non Pros. 6. Judgment for Non Pros was entered and the claims against defendants were dismissed with prejudice on October 13, 2004. 7. Approximately three weeks prior, plaintiff's counsel spoke with Sarah Arosell, Esquire, counsel for defendant Dr. Liu and Dr. Conroy about the claims in this case. 8. Counsel discussed the various claims candidly and plaintiff s counsel specifically addressed the fact that plaintiffs expert, a Harvard-trained oncologist, supported the theories of liability set forth in the Complaint. Plaintiff s counsel and Ms. Arosell discussed deposition scheduling and agreed to look at dates in December and January for the depositions of the physician defendants. 10. Ms. Arosell did not mention that the technical terms of Rule 1042.3 of the Pennsylvania Rules, with respect to the filing of an attorney Certificate of Merit had not yet been satisfied. 11. Attorney certificates of merit have now been filed, only a few days after the 60-day deadline imposed by the Pennsylvania Rules of Civil Procedure. 12. There is no prejudice to defendants by the late filing of the formal, attorney Certificate of Merit, both because of the minimal deviation from the requirements under the rule and because defense counsel had been advised that plaintiff indeed had an expert supporting the theories of liability. 13. Although defense counsel is not obligated to provide plaintiff with Notice before seeking Judgment of Non Pros for failing to comply with Rule 1042.3, rules of equity require that defendants' entry of judgment be stricken because defendants were advised that plaintiff had an expert. 14. Even if the Court is disinclined to strike the Entry of Judgment, the Order of October 13, 2004 should be revised to reflect that the claims are dismissed "without prejudice," rather than "with prejudice." 15. In that the statute of limitations has not run on the claims set forth in the plaintiffs should be free to re-file the Complaint. 16. In the interest of fairness and equity, and for the reasons set forth in the accompanying Memorandum of Law, the Entry of Judgment of Non Pros should be stricken. Respectfully submitted, LAYSER & FREIWALD, P.C. BY. f AARON J. FREP?VAL'D ESQUIRE Attorney for Plaintiffs 1500 Walnut Street, 18°i Floor Philadelphia, PA 19102 215-875-8000 DATED:MU(01 LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire Attorney I.D. No. 78028 1500 Walnut Street, 18'b Floor Philadelphia, PA 19102 (215) 875-8000 Attorney for Plaintiffs FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Plaintiffs V. LI MIN LIU, M.D., et al. Defendants IN THE COURT OF COMMON PLEAS OF CUM13ERLAND COUNTY AUGUST TERM, 2004 NO. 043829 MEMORANDUM OF LAW IN SUPPORT OF PETITION TO STRIKE JUDGMENT OF NON PROS 1. Factual Summary The Complaint in this Wrongful Death action was filed on August 10, 2004. The claims arise from allegedly negligent treatment rendered to Jerry A. Carbo following his diagnosis with pancreatic cancer. Because of the negligent chemo-radiation and other oncologic treatment rendered by defendants, Mr. Carbo died on January 19, 2003. Before filing suit, plaintiff obtained an Affidavit of Merit from a physician double board certified in internal medicine and oncology. This physician reviewed the medical records and offered his opinion that there was a reasonable basis for proceeding with the medical negligence action against the defendant doctors and the hospital defendant. The Affidavit was signed on July 28, 2004 and was sent by telefax to plaintiff s counsel on the same day.' Unfortunately and 'A copy of the Affidavit may be made available to the Court for in camera review, if the Court so desires. inadvertently, an attorney Certificate of Merit was not filed in compliance with Pennsylvania Rule of Civil Procedure 1042.3(a). Attorney certificates have now been filed, only a few days past the 60-day requirement set forth in the Rule. Copies of the Certificates of Merit are attached as Exhibit A. On October 13, 2004, without any notice being provided to plaintiff, defendants filed a Praecipe for Entry of Judgment of Non Pros. Judgment for Non Pros was entered and the claims against defendants were dismissed with prejudice on October 1.3, 2004. The Prothonotary signed the form of order provided by defense counsel, a copy of which is attached as Exhibit B. Approximately three weeks prior, plaintiff s counsel spoke with Sarah Arosell, Esquire, counsel for defendant Dr. Liu and Dr. Conroy about the claims in this case. Counsel discussed the various claims candidly and plaintiff s counsel specifically addressed the fact that plaintiff's expert, a Harvard-trained oncologist, supported the theories of liability set forth in the Complaint. Plaintiffs counsel and Ms. Arosell discussed deposition scheduling and agreed to look at dates in December and January for the depositions of the physician defendants. Ms. Arosell did not mention that the technical terms of Rule 1042.3 of the Pennsylvania Rules, with respect to the filin of an attorney Certificate of Merit had not yet been satisfied. II. Argument The entry of judgment of non pros should be stricken. The physician affidavit of merit was in hand and defense counsel knew as much. Defendants are seeking to dismiss this case by relyi] on a rule designed to keep cases with no physician support out of the courts. Defendants knew there was physician support, based on plaintiff counsel's representations. Moreover, the Certificate of Merit has now been filed, with no prejudice to defendants. If the Court is disinclined to strike the Entry of Judgment, the Order of October 13, 2004 nonetheless should be revised to reflect that the claims are dismissed "without prejudice," rather than "with prejudice." In that the statute of limitations has not run on the claims set forth in the Complaint, plaintiffs should be free to re-file the Complaint. A. The Entry of Judgment of Non Pros Should be Stricken In the in interest of fairness and equity, the Entry of Judgment of Non Pros in this case should be stricken. Plaintiff complied with the requirement that there be an affidavit from an appropriate, board certified physician expert who reviews the medical records and supports the contentions in the professional liability action. Plaintiff complied in obtaining such an expert pre- litigation, which satisfies the underlying policy interest of Rule; 1042.3(a), which is to keep frivolous professional liability actions from being filed. The technical, although not unimportant requirement of filing an attorney certificate of compliance with this rule is the only basis for defendants having rushed to the Courthouse to obtain the dismissal of all claims. Although defendants are not required to give plaintiff notice before invoking Rule 1042.3, fairness and equity in this case would have dictated that notice be given. As set forth above, plaintiff's counsel and counsel for defendants engaged in substantive discussions about this case, candidly sharing information about the theories of liability and even making plans for the taking discovery during the anticipated litigation. hi the course of these discussions, plaintiff's counsel referred to the expert who had reviewed the medical records and materials and who supported plaintiff's case. hi short, defendants knew that plaintiff had an expert, but inadvertently had not filed the attorney certification. Attorney certifications have now been filed with the Court and served on defendants, in what amounts to a delay of only a few days. There is absolutely no prejudice defendants can claim. Indeed, defendants sometimes, if not often serve expert: reports after Court-imposed deadlines - in one instance with which counsel is familiar, as few as several days before trial - and are not sanctioned unless there is clear and convincing prejudice that can be established. All conceivable bases for having a certificate of merit rule are satisfied in this case. Plaintiff secured a competent expert and had a report from an appropriate medical expert before litigation was begun. Defendants had notice of this fact so that they had assurance that plaintiff was not filing a meritless action. What defendants did, in essence, therefore, was lay in wait for the moment when they could seize on a technical violation to have plaintiffs' claims dismissed entirely. This is the very scenario that the Courts of this Commonwealth have begun to recognize as a fundamentally unfair consequence of the new certificate of merit rule. As Honorable Scott Lash of the Court of Common Pleas of Berks County held only a few weeks ago, a Petition to Strike an Entry of Judgment should be granted "where the failure is due to a mistake or oversight of counsel and where application is promptly made and a reasonable excuse for the default offered." Reitenauer v. Ganas, 97 Berks Co. LJ 9 (August 4, 2004). Such is the case here. The failure to file the attorney certificate of merit was an oversight. Plaintiff had an affidavit from a competent, certifying physician before litigation was started and believed there had been compliance with the rule. Discussions with defense counsel, as referenced above, served to reinforce this mistaken belief. The attorney certificates have been filed now with the Court, only days after plaintiff received notice of the Entry of Judgment. There is no prejudice to defendants. Accordingly, plaintiff respectfully urges the Court to grant the Petition to Strike the Entry c Judgment in this case and to re-instate the claims against all defendants. B. The Order of October 13, 2004 Should be Revised to Indicate that Claims are Dismissed Without Prejudice In the alternative, plaintiff respectfully urges the Court to Reform the Order of October 13, 2004. In obtaining the Judgment of Non Pros, counsel for defendants presented to the Prothonotar a form of Order prepared by counsel. This Order indicates that claims against defendants are dismissed "with prejudice." This is not the correct designation in this case. In that the statute of limitations has not run on the claims set forth in the Complaint, as noted above, plaintiffs should b entitled to re-file the Complaint. Pennsylvania case law provides that a non pros entered. against a plaintiff for failure to file a complaint pursuant to Pennsylvania Rule of Civil Procedure 1037 does not bar a second action. See 3 Goodrich-Amram 2d § 1037(a):7, which states, "A non pros against a plaintiff is not res judicata, and thus does not bar the plaintiff from commencing another action upon the same cause of action, provided that the statute of limitations has not expired, and that the costs of the non prossed action have been paid." See also, Haefner v. Sprague, 343 Pa. Super. 342, 494 A.2d 1115 (1985); Bucci v. Detroit Fire & Marine Ins. Co., 109 Pa. Super. 167,167 A. 425 (1933). Nothing in the Certificate of Merit rule requires that non pros be entered with prejudice. The case law, not to mention equity and fairness, indicate that a second action, under these circumstances should not be barred. Accordingly, if the Court is determines not to strike the Entry of Judgment, then the Order so granting should be revised to change the phrase "with prejudice" to "without prejudice." Respectfully submitted, LAYSER & FREIWALD, P.C. BY: 1 N J. F AL SQUIRE Attorney for Plaintiffs 1500 Walnut Street, 18' Floor Philadelphia, PA 19102 215-875-8000 DATED: 4I9? CERTIFICATE OF SERVICE I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct of the attached Petition to Strike Entry of Judgment of Non Pros was served upon opposing on this date, via United States First Class Mail, Postage Prepaid, as follows: Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 L ER FRIUWALD, P.C. BY: AARON J. FREIWALD E QUIRE Counsel for Plaintiffs 1500 Walnut Street, 18' Floor Philadelphia, Pa. 19102 (215) 875-8000 DATED: 10 W?? _x?,?,k Q LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire aif(a),layserfreiwald.com Attorney I.D. No. 78028 1500 Walnut Street, 18" Floor Philadelphia, PA 19102 (215) 875-8000 Attorney for Plaintiffs FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Plaintiffs V. LI MIN LIU, M.D., et al. IN THE (:UUK1 Ur I,UNRv'u'N r,. - OF CUMBERLAND COUNTY AUGUST TERM, 2004 NO. 043829 Defendants CERTIFICATE OF MERIT AS TO DEFENDANT LI MIN LIU, M.D. I, Aaron J. Freiwald, Esq., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals from whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against the defendant. Date: l ?7/41. AARON J. FREIWAL ,Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy of the attached Certificate of Merit as to Defendant Li Min Liu, M.D. was served upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 LAYSER & FREIWALD, P.C By: (tai " AARON J. FREIWALD, Esquire Attorney for Plaintiffs DATED: `?? LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire ajf(a-)lavserfreiwald.com Attorney I.D. No. 78028 1500 Walnut Street, 18th Floor Philadelphia, PA 19102 (215) 875-8000 Attorney for Plaintiffs FERNS CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Plaintiffs V. LI MIN LIU, M.D:, et al. Defendants IN THE COURT OF COMMON PLhAS OF CUMBERLAND COUNTY AUGUST TERM, 2004 NO. 043829 CERTIFICATE OF MERIT AS TO DEFENDANT CENTRAL PA HEMATOLOGY & ONCOLOGY I, Aaron J. Freiwald, Esq., certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ® the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals from whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against the defendant. Date: A AARON J. FREIWALD, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy of the attached Certificate of Merit as to Defendant Central PA Hematology & Oncology was served upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 LAYSER & FREIWALD, P.C By: G„"' AARON J. FREIW D, Esquire Attorney for Plaintiffs DATED: `? ` LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire aifna.lavserfreiwald.com Attorney I.D. No. 78028 1500 Walnut Street, 18" Floor Philadelphia, PA 19102 (215) 875-8000 Attomey for Plaintiffs FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Plaintiffs V. LI MIN LIU, M.D., et al. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AUGUST TERM, 2004 NO. 043829 CERTIFICATE OF MERIT AS TO DEFENDANT JOHN D. CONROY, JR., D.O. I, Aaron J. Freiwald, Esq., certify that: ® an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals from whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against the defendant. Dater 4A0 ?J'J' AARON J. FREIWALD, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVI(M I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy of the attached Certificate of Merit as to Defendant John D. Conroy, Jr., D.O. was served upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 LAYSER & FREIWALD, P.C By AARON J.:FREIWALD, Esquire Attorney for Plaintiffs DATED: %uot LAYSER & FREIWALD, P.C. By. Aaron J. Freiwald, Esquire aifnlavserfreiwald corn Attorney I.D. No. 78028 1500 Walnut Street, 181 Floor Philadelphia, PA 19102 (215) 875-8000 FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs V. AUGUST TERM, 2004 LI MIN LIU, M.D., et al. NO. 043829 Defendants I, Aaron J. Freiwald, Esq., certify that: 0 an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals from whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against the defendant. Date:_ AARON J. FREIWALD, ire Attorney for Plaintiffs CERTIFICATE OF SERVICE I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy of the attached Certificate of Merit as to Defendant Holy Spirit Health System was served upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 LAYSER &: FREIWALD, P.C By: AARON J. FREIWALlb, Esquire Attorney for Plaintiffs DATED: `o! LAYSER & FREIWALD, P.C. By: Aaron J. Freiwald, Esquire aif(a layserfreiwald.com Attorney I.D. No. 78028 1500 Walnut Street, 18'h Floor Philadelphia, PA 19102 (215) 875-8000 FERNE CARBO, individually of the and as Executrix of the Estate of JERRY A. CARBO, deceased Plaintiffs V. LI MIN LIU, M.D., et al. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AUGUST TERM, 2004 NO. 043829 Defendants CERTIFICATE OF MERIT AS TO DEFENDANT HOLY SPIRIT HOSPITAL I, Aaron J. Freiwald, Esq., certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals from whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against the defendant. Date:. ut? 0?? AARON J. FREIWALD, Esquire Attorney for Plaintiffs CERTIFICATE OF SERVICE I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy of the attached Certificate of Merit as to Defendant Holy Spirit Hospital was served upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 DATED: l `L LAYSER &: FREIWALD, P.C By: AARON J. FREIWALD, Esquire Attorney for Plaintiffs E ?VN.j 6 8 E 0 Sarah A rneY 11 5 2'31 717-25 serosell(fl onaoy, r., M o9Y & oncAlo9Y .1 Jobn e s and 1Ju, Hemet ER, t-LP for Defendants L1 CIn Central P' n{oMAS a HAF pttom Y OF COMMON PLEAS -nkobA S, Front street P.BOY, SPA 17108 Cl Hafisburg. of'• ICUMBES PND COUNTY, and as Executrix YLV CARGO, Ind1VA CARGO, deceased, pENNS FERNE pmp' the Estate of JERK plaintiff NO 2004 3929 CIVIL ACTIO DEM NDED LI M? :JURY TRIAL V p. JOHN D. GY AND ME iCALL ICE LIU, M' D" SPIRIT: MEDICAL MALPRACTT?L PA HEMATOLO CEN CIATES, P.C., H ONCOLOGY ASSOOLY SPIRIT HEALTH HOSplTP'L and H SYSTEM Defendants THOMAS, Font gtr?eet HppER, LLP P O 0 0%998p 57108 Harnspurg, and as Executrix of FER ARBO, Individually ARGOdeceased, NE C of JERRY A• C, the Estate plaintiff Sarah A- Y i b 5872, 7'175a com sarosell ?nroY dr„ ., john D, p maiologY & Oncology ..In LIU, tlomeYs for Defers a and Dq^ttal P He IN THE COURT OF CON ON PLEAS CUMBSRI VAt4o NIAOUN PENN NO, 2004-3929 CNIL ACTION eMp OED JURY •I RIAL DE MEDICAL MALPRACTICE CONROY, JR D.O•, v I-% MI MEDISPIRIT N I-IU, M.D., JO Tp OGY AND L PA HE C1ATES' P.C•, ?TTN CENTS GY ASSp SPIRIT OSPITAI- and VAO C% l.{OSPIT HEA SYSTEM' Defendants c? co r c7 r• w 0 r -r, a n _: r r ;ra =xjj) claims l11 frita ologY & o fessional the P TO THE PHONOTARY Oof non Pros against Plain ti tA p and Central Pa. He enter judgment M D John p- Conroy, Jr., Please L. Min Liu, . has asserted professional liability tioned matter p and Centrral l P Pa caP ed above Jr M. required by against Defendants, above- ream in the plaintiff Conroy, Within the time endin& that the M•D John D . been filed the certificates P Oncology' Cehify Liu' 1:1 MIn filing dersigned, I, the un dants, certltes ofto iextend the timefor fi motion claims a9 &ainst pefen Oncology, that no HematOl P y10423, and that there is no fitted, p Pa. I? Court. Respecttully su MAS & HAFER, UL before the THOtAAS,111 DATE /a/13/0Y BY = N Esquire Sarah . Arosell, I.p.#55797FrOnt Street 805 North p.0. Box 999 17108-0999 Harris 255 7231 Ll Min Liu, H matol 17171 pefendants Attorneys for and central Pa' Conroy, Jr., M.D• Oncology qj9»4-1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the J-j day of 2004: Aaron Freiwald, Esquire LAYSER & FREIWALD, P.C. 1500 Walnut Street, 18' Floor Philadelphia, PA 19102 Francis E. Marshall Jr., Esquire MARSHALL, SMITH & HADDICK, P.C. 20 South 36th Street Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP By: u! Sarah W. Arosell, Esquire 319114-1 ?, r; -; _? __ `. _„ ?. , ?,. ??, -.. ?; Burton Neil & Associates, P.C. By Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JUDY M MOORE : NO. 04-3829 Defendant CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied on payment of your costs only. Burton Neil & Associates, P.C. Burton T Attorney The law firm of Burton Neil & Associates is a debt collector. Esquire Plaintiff C-1349 t"? r+a e ? T Eti ?„ Cti co CT3 ...,C