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HomeMy WebLinkAbout11-3661 Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L. P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife 120 South Enola Drive Enola, PA 17025-2711 Plaintiffs vs. JONATHAN B. TOCKS, M.D. 4470 Valley Street Enola, PA 17025 and CUMBERLAND FAMILY PRACTICE 4470 Valley Street Enola, PA 17025 Defendants COMPLAINT rn ?v te r" WAX) Mit ?y?? S b?j ?z l 25 7 leas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - MEDICAL PROFESSIONAL LIABILITY ACTION No. /I- 30%4'/ Owd JURY TRIAL DEMANDED 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, PA 17013 717-249-3166 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. AVISO Le han demandado en corte. Si usted quiere defenderse contra las demandas nombradas en las paginas siguientes, tiene viente (20) dias a partir de recibir esta demanda y notificacion para entablar personalmente o por un abogado una comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas y objeciones a las demandas contra usted. Sea advisado que si usted no se defiende, el caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o para conseguir cualquier otra demanda o alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, PA 17013 717-249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE ABOGADO (O NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN-- SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO O NINGUN HONORARIO. \\ahbprolaw\prolaw\documents\kieklak, bermrd j., jr\10-101\110535.doc 2 PARTIES TO THE ACTION 1. Plaintiffs are Bernard J. Kieklak, Jr. and Christine Kieklak, husband and wife, residing at 120 South Enola Drive, Enola, PA 17025-2711. 2. Defendant is Jonathan B. Tocks, M.D., a physician licensed to practice medicine in the Commonwealth of Pennsylvania with office and place of business at 4470 Valley Street, Enola, PA 17025. 3. Defendant is Cumberland Family Practice, a business licensed to practice medicine in the Commonwealth of Pennsylvania with office and place of business at 4470 Valley Street, Enola, PA 17025. STATEMENT OF LIABILITY 4. In accordance with Pa.R.C.P. 1042.2, this is a professional liability action brought against all Defendants in this action. STATEMENT OF FACTS 5. Plaintiff Bernard J. Kieklak Jr., began to treat with Jonathan B. Tocks, M.D. as his family physician since 1985. 6. Between 1985 and November 2009, Dr. Tocks had actual knowledge that Plaintiff Bernard Kieklak had many risk factors for coronary artery disease and/or atherosclerosis, putting him at risk for, among other problems, unstable angina and/or myocardial infarction. 7. These risk factors included secondary lifestyle, hypertension, tobacco and alcohol consumption, high cholesterol, episodes of erectile dysfunction, depression and stress. \\ahbprolaw\prolaw\documents\kieklak, bernard j., jr\10-101\110535.doc 3 8. On October 14, 2009, Mr. Kieklak came to see Dr. Tocks because Mr. Kieklak was experiencing body aches, bad cough, burning under his arms, headaches times three weeks and fever. 9. Dr. Tocks recorded in the chart that the patient had pain in arms and into his chest and into his abdomen times two weeks. His urine was brown and he had a "hard stomach". Diarrhea would improve the pains. Most episodes brought about by eating. 10. On October 14, 2009, Mr. Kieklak was 52 years of age. 11. On October 14, 2009, no electrocardiogram was performed by Dr. Tocks. 12. On October 14, 2009, Dr. Tocks records in his office chart that he did not know what was causing Mr. Kieklak's symptoms. 13. On October 14, 2009, Dr. Tocks advised Mr. Kieklak that "if it keeps up, he will have to come back for blood work or get other opinion from another provider. " 14. Mr. Kieklak's symptoms continued and ultimately worsened on November 9, 2009. 15. On November 9, 2009, Mr. Kieklak opted to go the emergency room of Holy Spirit Hospital, rather than return to Dr. Tocks. 16. Mr. Kieklak was immediately administered an electrocardiogram examination which revealed that he was experiencing an acute myocardial infarction. 17. The acute myocardial infarction was new, but was caused by cardiovascular disease that was long standing. 18. Dr. Tocks' differential diagnosis on October 14, 2009, for a 52 year old male patient with risk factors for coronary artery disease including hypertension, high cholesterol, \\ahbprolaw\prolaw\documents\kieklak, bernard j., jr\10-101\110535.doc 4 and stress, and who was then presenting to the office with complaints including, among others, chest pain, and arm pain should have included in the differential diagnosis unstable angina and/or acute myocardial infarction. 19. If Dr. Tocks had included unstable angina and/or acute myocardial infarction in his differential diagnosis, the standard of medical care would require that Dr. Tocks immediately take steps to have a full cardiac work-up administered to Mr. Kieklak. 20. If a cardiac work-up had been undertaken on Mr. Kieklak on October 14, 2009, his coronary artery disease would have been detected and treated before his severe myocardial infarction which occurred on November 9, 2009. COUNT I BERNARD J. KIEKLAK, JR V. JONATHAN B. TOCKS, M.D. NEGLIGENCE 21. Paragraphs 1 through 20 are incorporated herein by reference. 22. Dr. Tocks was careless and negligent in his treatment of Plaintiff Bernard Kieklak in the following particulars: a. Failing to include coronary artery disease and/or unstable angina and/or acute myocardial infarction in his differential diagnosis on October 14, 2009; b. Failing to order a cardiac workup for the patient, that would have included electrocardiogram, echocardiogram, cardiac catheterization, cardiac stress test, serial cardiac enzymes and other cardiopulmonary monitoring, all of which would have resulted in the timely diagnosis of Mr. Kieklak's coronary artery disease; and \\ahbprolaw\prolaw\documents\kieklak, bernardj.,jr\10-101\110535.doc 5 C. Failing to warn Mr. Kieklak that his symptoms may represent an acute cardiac event on October 14, 2009. 23. Defendant, Dr. Tocks' negligence increased the risk of that Mr. Kieklak would experience harm and injury, including experiencing a myocardial infarction on or about November 9, 2009. 24. Dr. Tocks' negligence was a substantial factor in bringing about and failing to prevent the acute myocardial infarction suffered by Mr. Kieklak on or about November 9, 2009. 25. As a direct and proximate result of the negligence of Defendant Dr. Tocks, Plaintiff Bernard J. Kieklak, Jr. has experienced pain and suffering, and the loss of life's pleasures, and will in the future continue to suffer such losses, for all of which damages are claimed. 26. As a direct and proximate result of the negligence of Defendant Dr. Tocks, Plaintiff Bernard J. Kieklak, Jr. has suffered a loss of earnings and earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. 27. As a direct and proximate result of the negligence of Defendant Dr. Tocks, Plaintiff Bernard J. Kieklak has incurred medical expenses and will in the future continue to incur such expenses, for all of which damages are claimed. WHEREFORE, Plaintiff Bernard Kieklak, Jr. demands judgment against Defendant Jonathan B. Tocks, M.D. in an amount in excess of $50,000.00 together with interest and costs as allowed by law. \\ahbprolaw\prolaw\documents\kieklak, bernardj.,jr\10-101\110535.doc 6 COUNT II BERNARD J. KIEKLAK, JR. V. CUMBERLAND FAMILY PRACTICE VICARIOUS LIABILITY 28. Paragraphs 1 through 27 are incorporated herein by reference. 29. Dr. Tocks was, at the time of his treatment of Mr. Kieklak, an employee of Cumberland Family Practice, and was acting within the scope of his employment for Cumberland Family Practice. 30. As a result of the relationship between Defendants Dr. Tocks and Cumberland Family Practice and Dr. Tocks' negligence as set forth in Count I, and the injuries that such negligence was the legal cause of, Defendant Cumberland Family Practice is vicariously liable for the negligence of Defendant Dr. Tocks. WHEREFORE, Plaintiff Bernard J. Kieklak Jr. demands judgment against Defendant Cumberland Family Practice in an amount in excess of $50,000.00 together with interest and costs as allowed by law. COT TNT ITT CHRISTINE KIEKLAK V. JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE LOSS OF CONSORTIUM 31. Paragraphs 1 through 30 are incorporated herein by reference. 32. At all times material to the Plaintiffs' causes of action, Bernard J. Kieklak, Jr. and Christine Kieklak were husband and wife and were living together as husband and wife. \\ahbprolaw\prolaw\documents\kieklak, bernard j., jr\10-101\110535.doc 7 33. As a direct and proximate result of the injuries sustained by Bernard J. Kieklak, Jr., as set forth above, Plaintiff Christine Kieklak has been deprived of the care, comfort, companionship, services and consortium of her husband, Bernard J. Kieklak, Jr., for all of which damages are claimed. WHEREFORE, Plaintiff Christine Kieklak demands judgment against Defendants, Jonathan B. Tocks, M.D. and Cumberland Family Practice in an amount in excess of $50,000.00 together with interest and costs as allowed by law. Dated: ? ? 6,20l i Respectfully submitted: ATLEE, HALL & BROOKHART, LLP By: a Thomas W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 \\ahbprolaw\prolaw\documents\kieklak, bernard j., jr\10-101\110535.doc 8 VERIFICATION We hereby verify that the facts contained in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: 3 l ?evew w 2 OHO , ernard J. Kiekl , r. J , ki M ti e,ro? e L(4 n Print Name Here Dated: - ?Q v Lkla Christine Kieklak Print Name Here \\ahbprolaw\prolaw\documents\kieklak, bernard j., jr\10-101\1 10544.doc Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L. P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants OF THELRCTHOHOT?r, ,f 2011 APR 14 PM 2: 20 CUMBERLAND COUNTY PENNSYLVANJI.t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW-- MEDICAL PROFESSIONAL LIABILITY ACTION No. /I - 31po l [it vi 1 JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT, JONATHAN B. TOCKS, M.D. I, Thomas W. Hall, Esquire, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; or The claim that this defendant deviated from an acceptable professional standard is based solely upon allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice, or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; or Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Dated: r J, ?t Respectfully submitted, ATLEE, HALL & BROOKHART, LLP By: Thomas W. Hall, Esquire Attorneys for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 \\ahbprolaw\prolaw\documents\kieklak, bemard j., jr\10-101\I 12062.doc2 Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L.P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants F II_E0-0FF li;E `( % OF THE PROTHONOTAF 2011 APR 14 PM 2: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW-- MEDICAL PROFESSIONAL LIABILITY ACTION No. ) 1 3001 CJ1 / l JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT, CUMBERLAND FAMILY PRACTICE I, Thomas W. Hall, Esquire, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; or The claim that this defendant deviated from an acceptable professional standard --?? is based solely upon allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice, or work that is the subject of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; or Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Dated: ? 3a 20t Respectfully submitted, ATLEE, HALL & BROOKHART, LLP r By: Thomas W. Hall, Esquire Attorneys for Plaintiffs 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 \\ahbprolaw\prolaw\documents\kieklak, bemard j., jr\]0-101\112060.doc2 Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L.P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-3661 JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE JURY TRIAL DEMANDED Defendants rn CD GS A N ACCEPTANCE OF SERVICE " c:a I accept service of the Complaint and Certificate of Merits on behalf of Jonath4 B ..r_- Tocks, M.D. and Cumberland Family Practice and certify that I am authorized to do so. Dated: ?i${ -Aa =1:T Q c, c°.) By: c Michael D. Pipa, Es ire Stevens & Lee 17 N. Second Street, 16`' Floor Harrisburg, PA 17101 (717) 234 - 1090 1. D. No. 5 3 a CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 Dated: O?J L' ATLEE, HALL & BROOKHART, LLP By: Th as W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.33092 0 Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L.P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants HE PR qi?-'?1?? 1011 HAY 12 AM !! CUMBERLANO PENNSYtykNIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - MEDICAL PROFESSIONAL LIABILITY ACTION No. 11-3661 JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANTS JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Plaintiffs Bernard J. Kieklak Jr., and Christine Kieklak, by and through their attorneys, Atlee, Hall & Brookhart, LLP, respond to the New Matter of Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice, as follows: 34. Plaintiffs' allegations contained in paragraphs 1 through 33 of the Complaint are incorporated herein by reference. 35-45. Denied. The averments of paragraphs 35-45 are conclusions of law to which no response is required and the same are deemed denied. To the extent such paragraphs contain averments of fact, the same are denied for the reasons already set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants as set forth in Plaintiffs' Complaint. Dated: 61 Respectfully submitted: ATLEE, H & BROOKHART, LLP By: Thomas W. Hall, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 \\ahbprolaw\prolaw\documents\kieklak, bemard j., jr\10-101\119723.doc 2 CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 Dated: 1 ATLEE HALL & BROO KHAIZT, LLr By: D/Z b, a Thom W. Hall, squire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.33092 Thomas W. Hall, Esquire ATLEE, HALL & BROOKHART, L.L.P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants F'I(_F D-(?i:l 1t T4E 0 i HoI. -R „ 1011 HAY 12 AM11• CI UMBEF LAp l) GGU, ,k, PENNSYLVA IIA? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - MEDICAL PROFESSIONAL LIABILITY ACTION No. 11-3661 JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANTS JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Plaintiffs Bernard J. Kieklak Jr., and Christine Kieklak, by and through their attorneys, Atlee, Hall & Brookhart, LLP, respond to the New Matter of Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice, as follows: 34. Plaintiffs' allegations contained in paragraphs 1 through 33 of the Complaint are incorporated herein by reference. 35-45. Denied. The averments of paragraphs 35-45 are conclusions of law to which no response is required and the same are deemed denied. To the extent such paragraphs contain averments of fact, the same are denied for the reasons already set forth in Plaintiffs' Complaint. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendants as set forth in Plaintiffs' Complaint. Dated: V I (( I I, Respectfully submitted: ATLEE, H & BROOKHART, LLP By: Thomas W. Hall, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 \\ahbprolaw\prolaw\documents\kieklak, bemard j., jr\]0-101\119723.doc 2 CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 Dated: 111 I ATLEE HALL & BROOKHART -I ? LLr By: PA, a Thom W. Hall, squire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants AND NOW, this 1; 6 day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-3661 JURY TRIAL DEMANDED ORDER Alamo 4 , 2012, upon consideration of the foregoing Petition of Plaintiffs' Counsel for Leave to Withdraw, and in the absence of any objection or reply, it is hereby ORDERED that: law4 ,4f "1 U'.. (1) A Rule is issued upon die ReSF"Iffi*= to Show Cause why the Petitioner is not entitled to the relief requested; (2) T shell within days of this date; en s a e e on Iroom and, (5) Notice of entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: C?7 r•,? ? v VIr 00 .tnp W ? l?t'7"HQrB ? haws b _ nP,,,' ra . 6-1 I / CO ?it? is?,ti -e k ,'f/a k CJ.1/ sf a Stevens & Lee, P.C. Michael D. Pipa, Esquire - I.D. No. 53624 Karen E. Minehan, Esquire - I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 mdp@stevenslee.com Attorneys for Defendants -; CU d " ;? .;. --v cn -i; IN THE COURT OF COMMON PLEAS OF `- CUMBERLAND COUNTY, PENNSYLVANIA _ 4.'1 BERNARD J. KIEKLAK, JR. and Civil Action - Law CHRISTINE KIEKLAK, Medical Professional Liability Action Plaintiffs, V. : No 11-3661 JONATHAN B. TOCKS, M.D. and JURY TRIAL DEMANDED CUMBERLAND FAMILY PRACTICE, Defendants. RESPONSE OF DEFENDANTS JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE TO PLAINTIFFS' COUNSEL'S PETITION FOR LEAVE TO WITHDRAW DATED MARCH 21, 2012 Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice, by and through their counsel, file this Response to Plaintiffs' Counsel's Petition for Leave to Withdraw: 1. Admitted and denied. It is admitted that Plaintiffs so aver. It is denied that Defendants were negligent or that any act or omission of Answering Defendants caused or contributed to the Plaintiffs' alleged damages. 2. Admitted and denied. It is admitted that Plaintiffs so aver. It is denied that Defendants were negligent or that any act or omission of Answering Defendants caused or contributed to the Plaintiffs' alleged damages. 3. Admitted. 4. Admitted. SL I 1 146518v2 041199.00510 5. After reasonable investigation, Answering Defendants lack sufficient knowledge and information to form the belief as to the truth of these averments concerning any understandings between Plaintiffs and their counsel. The remaining averments are admitted based upon the letter from Plaintiffs to Plaintiffs' counsel dated January 26, 2012 and conversations with Plaintiffs' counsel. 6. After reasonable investigation, Answering Defendants lack sufficient knowledge and information to form the belief as to the truth of the averments concerning the status of Plaintiffs' efforts to retain new counsel. To date, Defendants have not been contacted by any new counsel despite the fact that Plaintiffs informed their counsel that they discharged their counsel on January 26. 2012. See Letter dated January 26, 2012 attached to Plaintiffs' counsel's Petition as Exhibit A. Defense counsel cannot ethically confer with Plaintiffs directly, and therefore cannot properly communicate with any individuals or representatives who have authority to speak or act for Plaintiffs about this case. Defendants do not object to Plaintiffs' counsels Petition for Leave to Withdraw to allow Plaintiffs' to proceed pro se. 7. Admitted. Defendants do not object to Plaintiffs' counsels Petition for Leave to Withdraw to allow Plaintiffs' to proceed pro se until new counsel enters. 8. Admitted that the Court issued a pretrial scheduling Order on September 15, 2011. See Stipulated Order dated September 15, 2011. On February 6, 2012, Defendants' counsel agreed to Plaintiffs' counsel's request to postpone the pretrial deadlines pending Mr. Kieklak's retention of new counsel. On February 14, 2012, Defendants sent to Plaintiffs' counsel a proposed Stipulation and Order to extend the deadlines by sixty (60) days. Plaintiffs' counsel responded in February and March that he is without authority to agree to any new pretrial deadlines via Stipulation or otherwise. Over two months have elapsed since Plaintiffs discharged 2 SL 1 1146518v2 041199.005 10 their counsel. No new entry has been filed and no new deadlines have been agreed to. Plaintiffs' counsel confirmed via email dated March 21, 2012 that the current deadlines are "suspended" and that one of the first things that the defense and plaintiffs/their new counsel will need to do is to establish new deadlines. 9. Admitted. See Stipulated Order dated September 15, 2011. 10. Defendants have no objection to Plaintiffs' counsel's Petition for Leave to Withdraw as counsel. WHEREFORE, Defendants do not object to Plaintiffs' counsel's Petition for Leave to Withdraw. Respectfully submitted, STEVENS & LEE Date: yl J (rL_ By: f4k F Michael D. Pipa, Esquire Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (phone) (610 371-7743 (fax) mdp@stevenslee.com Attorneys for Defendants 3 SL I 1146518v2041199.00510 CERTIFICATE OF SERVICE 1, Karen E. Minehan, Esquire hereby certify that on this date a true and correct copy of the foregoing Response was served upon the following parties by depositing the same in the United States mail, postage prepaid, addressed as follows: 'T'homas W. Hall, Esquire Atlee, Hall and Brookhart 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 Counsel for Plaintiffs Date: LIl J L 'z- SL 1 1 146518v2 041199.00510 BERNARD J. KIEKLAK, JR. AND IN THE COURT OF COMMON PLEAS OF CHRISTINE KIEKLAK, Husband and CUMBERLAND COUNTY, PENNSYLVANIA Wife, PLAINTIFFS V. JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE, DEFENDANTS 11-3661 CIVIL TERM ORDER OF COURT AND NOW, this Z?? day of May, 2012, upon consideration of the Petition of Plaintiffs' Counsel for Leave to Withdraw, and the response of Defendants, IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED. By the Court, Albert H. Masland, J. /Thomas W. Hall, Esquire ,C? ?..? 8 North Queen Street M s ? ?. P.O. Box 449 fir- . -?. Lancaster, PA 17608-0449 /Karen E. Minehan, Esquire C.) ?, . 17 North Second Street, 16th Floor ?•' 77 y- Harrisburg, PA 17101 c a _ For Defendants ? Bernard J. Kieklak, Jr. and Christine Kieklak 120 South Enola Drive Enola, PA 17025-2711 :saa (0&5 lKa,(.ed S1q/ya ,e// G Thomas W. Hall, Esquire ATLEE HALL, L.L.P 8 North Queen Street Lancaster, PA 17603 (717) 393-9596 Attorney for Plaintiff I.D. No. 33092 BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Husband and Wife Plaintiffs vs. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW- MEDICAL PROFESSIONAL LIABILITY ACTION No. 11-3661 JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Pursuant to the Order of The Honorable Albert H. Masland dated May 9, 2012, attached hereto as Exhibit "A", kindly withdraw the appearance of Thomas W. Hall, Esquire, as counsel for Plaintiffs Bernard J. Kieklak, Jr. and Christine Kieklak, Husband and Wife in the above-captioned matter and enter Plaintiffs Bernard J. Kieklak, Jr. and Christine Kieklak, Pro Se. Service can be made upon Plaintiffs at 120 South Enola Drive, Enola, PA 17025. Respectfully submitted: Dated: 'J 122A [ l2._ ATLEE HALL, L P BY. Thomas W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 33092 ?? ^? n\ -? BERNARD J. KIEKLAK, JR. AND CHRISTINE KIEKLAK, Husband and Wife, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE, DEFENDANTS 11-3661 CIVIL TERM ORDER OF COURT AND NOW, this ./ day of May, 2012, upon consideration of the Petition of Plaintiffs' Counsel for Leave to Withdraw, and the response of Defendants, IT IS HEREBY ORDERED AND DIRECTED that the Petition is GRANTED. By the Court, Thomas W. Hall, Esquire 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 Karen E. Minehan, Esquire 17 North Second Street, 16th Floor Harrisburg, PA 17101 For Defendants Bernard J. Kieklak, Jr. and Christine Kieklak 120 South Enola Drive Enola, PA 17025-2711 saa Albert H. Masland, J. T ZO ?3;: CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Michael D. Pipa, Esquire Karen Minehan, Esquire Stevens & Lee 17 North Second Street 16th Floor Harrisburg, PA 17101 (Attorney for Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice) Bernard J. Kieklak, Jr. and Christine Kieklak 120 South Enola Drive Enola, PA 17025-2711 (Plaintiffs, Pro Se) Dated: S 112-- ATLEE, HALL & BROOKHART, LLP i l By: ` Thomas W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.33092 Stevens & Lee, P.C. Michael D. Pipa, Esquire - I.D. No. 53624 Karen E. Minehan, Esquire - I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 mdp@stevenslee.com Attorneys for Defendants I Ertt? PENN5`(LWA14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Civil Action - Law Medical Professional Liability Action Plaintiffs, V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, No. 11-3661 JURY TRIAL DEMANDED Defendants DEFENDANTS JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE'S MOTION TO AMEND THE COURT'S ORDER DATED SEPTEMBER 15, 2011 TO ESTABLISH NEW PRETRIAL DEADLINES Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice, by and through their counsel, move to amend the Court's Order dated September 15, 2011 to establish new pretrial deadlines: Introduction: Plaintiffs Bernard and Christine Kieklak "dismissed and discharged" their counsel 2 !/z weeks before their expert reports were due via letter dated January 26, 2012. In response to a request by Plaintiffs' former counsel, Defendants agreed to temporarily suspend the pretrial deadlines on February 6, 2012. Defendants' counsel sought to establish new pretrial deadlines via stipulated order on February 14, 2012 and on March 14, 2012. Plaintiffs ignored these requests. They have not retained new counsel. Plaintiffs' failure to either produce their expert reports or to stipulate to new pretrial deadlines stalled the progress of this case, prejudices 3 SLl 1167947v] 041199.00510 the Defendants and should not be allowed. Defendants file the present Motion to amend the Court's order dated September 15, 2011 to establish new pretrial deadlines and ask that their proposed Order be entered. 1. On April 14, 2011, Plaintiffs Bernard and Christine Kieklak, through their former counsel, filed a Complaint against Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice in which they allege that Dr. Tocks negligently failed to timely diagnose and treat Plaintiff Bernard Kieklak's unstable angina and acute myocardial infarction. Defendants filed an Answer and New Matter denying Plaintiffs' allegations. The pleadings are closed. 2. On September 15, 2011, the Honorable Albert Masland entered a stipulated order establishing pretrial deadlines. Plaintiffs' expert reports were due to be produced by February 15, 2012. 3. Via letter dated January 26, 2012, Plaintiffs "dismissed and discharged" Attorney Thomas Hall and Atlee Hall, LLP as their counsel, "effective immediately." See Letter dated January 26, 2012 attached to Plaintiffs' counsel's Petition for Leave to Withdraw as Counsel. 4. At the request of Plaintiffs' former counsel, Defendants' counsel agreed, on February 6, 2012, to temporarily suspend the pretrial deadlines established by Judge Masland. 5. On February 14, 2012, Defendants' counsel asked Plaintiffs' counsel to confer with his client about formally extending the pretrial deadlines by sixty days via stipulated order. See email dated February 14, 2012 and proposed stipulation and order attached as Exhibit A (establishing April 15, 2012 as Plaintiffs' new expert deadline). 6. Plaintiffs' counsel Hall responded that he had no authority to act for the Kieklaks so he could not agree to Defendants' proposed stipulated order to extend the pretrial deadlines. 4 SL I 1167947v] 041199.00510 7. On March 22, 2012, Plaintiffs' counsel filed a Petition for Leave to Withdraw Appearance. 8. On May 9, 2011, the Honorable Albert H. Masland granted Plaintiffs' counsel's Petition for Leave to Withdraw. 9. On May 14, 2012, Defendants' counsel asked that Attorney Hall forward a new proposed stipulation and order to the Kieklaks to establish new pretrial deadlines. See email dated May 14, 2012 and proposed stipulation and order attached as Exhibit B. Of note, Defendants reasonably proposed that Plaintiffs' expert reports be due six weeks later, or by June 30, 2012. 10. On May 15, 2012, a representative of Atlee Hall, LLP emailed the proposed stipulation and order to Plaintiffs Bernard and Christine Kieklak. See email dated May 15, 2012 and proposed stipulation and order attached as Exhibit C. 11. On or about May 21, 2012, Plaintiffs' counsel filed a Withdrawal of Appearance and provided the court with the Plaintiffs service address. 12. To date, Plaintiffs have neither returned the signed stipulation nor responded to Defendants'' proposed stipulations and orders. 13. No new counsel has entered his or her appearance for Plaintiffs. Plaintiffs are, therefore, pro se. 14. Pursuant to Cumb.R.Civ.P. 208.3(a)(9), Defendants certify that they sought to obtain support for a stipulated order from the now pro se Plaintiffs on March 14, 2012 through their former counsel, but that Plaintiffs did not respond to Defendants' counsel. 5 SL I 1167947v l 041199.00510 WHEREFORE, Defendants respectfully request that their Motion to Amend the Court's Order dated September 15, 2011 to establish new trial deadlines be granted and that the Court enter the accompanying Order. Respectfully submitted, STEVENS & LEE Date: May 30, 2012 By: Michael D. Pipa, Esquire Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (phone) (610 371-7743 (fax) mdp@stevenslee.com Attorneys for Defendants 6 SL I 1167947v] 041199.00510 ?? Min ehan, Karen E. From: Minehan, Karen E. Sent: Wednesday, February 15, 2012 6:08 AM To: Carmela R. Witmer Subject: kieklak - stipulation and order Attachments: 1132367 1.DOCX Carmela - Attached please find the Stipulation and Order. Pis forward to Tom for his review and return the signed Stipulation to me by email or fax. I will sign and file with the Court. Thank you. EXHIBIT a 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and Civil Action - Law CHRISTINE KIEKLAK, Medical Professional Liability Action Plaintiffs, V. : No. 11-3661 JONATHAN B. TOCKS, M.D. and JURY TRIAL DEMANDED CUMBERLAND FAMILY PRACTICE, Defendants. ORDER AND NOW, this _day of , 2012, it is hereby ORDERED and DECREED that: 1. Plaintiffs' expert reports shall be produced by April 15, 2012. If Plaintiffs' expert reports are produced by April 15, 2012, then (a) Defendants' expert reports shall be produced by June 1, 2012; (b) Plaintiffs' rebuttal reports shall be produced within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (c) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (d) The case May be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel and unrepresented parties (if any). 2. If Plaintiffs' expert reports are not produced by April 15, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are moot. Further, if SL I 1132367v] 041199.00510 Plaintiffs' expert reports are not produced by April 15, 2012, then any dispositive motion based upon Plaintiffs' failure to produce timely expert reports shall be filed no later than May 15, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon. BY THE COURT: J. Rule 236 Notice: "Thomas W. Hall, Esquire Michael D. Pipa, Esquire 2 SL I 1132367v] 041199.00510 Stevens & Lee, P.C. Michael D. Pipa, Esquire - I.D. No. 53624 Karen E. Minehan, Esquire- I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 mdp@stevenslee.com Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Civil. Action - Law Medical Professional Liability Action Plaintiffs, V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, No. 11-3661 JURY TRIAL DEMANDED Defendants STIPULATION TO EXTEND SCHEDULING DEADLINES SET FORTH IN THE COURT'S ORDER DATED SEPTEMBER 15, 2011 AND NOW on this day of 2012, the parties, by and through their respective counsel, hereby stipulate and agree, as follows: 1. Plaintiffs' counsel, Attorney Thomas W. Hall, Esquire and Atlee, Hall & Brookhart, L.L.P. are in the process of withdrawing their appearance on behalf of Plaintiffs Bernard and Christine Kieklak. 2. Plaintiffs' current expert deadline is February 15, 2012 per Court Order dated September 15, 2011.. 3. The scheduling deadlines set forth in the Stipulation and accompanying Order dated September 15, 2011 should, therefore, be extended as follows: SL I 1132367v] 041199.00510 (a) Plaintiffs' expert reports shall be produced by April 15, 2012. If Plaintiffs' expert reports are produced by April 15, 2012, then (i) Defendants' expert reports shall be produced by June 1, 2012; (ii) Plaintiffs' rebuttal reports shall be produced within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (iii) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (iv) The case May be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel and unrepresented parties (if any). (b) If Plaintiffs' expert reports are not produced by April 15, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are moot. Further, if Plaintiffs' expert reports are not produced by April 15, 2012, then any dispositive motion based upon Plain'tiffs' failure to produce timely expert reports shall be filed no later than May 15, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon.. 4. All parties stipulate and respectfully request that the Court enter the accompanying proposed Order. 5. The Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel even though signed on separate signature pages. 6. All counsel certify that they have authorization to execute the Stipulation on behalf of their respective clients and that they authorize the filing of any non-original, facsimile or other copy of the present Stipulation. See Pa.R.Civ.P. 205.3. 2 SL I 1 132367v 1 041199.00510 7. The parties, individually and/or by their respective counsel, have caused this Stipulation to be executed and intend to be legally bound thereby. Date: Date: SL I 1 132367v 1 041 199.00510 STEVENS & LEE, P.C. By: Michael D. Pipa, Esquire Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 N. Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (phone) (610 371-7743 (fax) mdp@stevenslee.com Attorneys for Defendants ATLEE, HALL AND BROOKHART, L.L.P. By: Thomas W. Hall, Esquire Attorney I.D. No. 33092 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 Counsel for Plaintiffs 3 CERTIFICATE OF SERVICE I, Karen E. Minehan, Esquire hereby certify that on this date a true and correct copy of the foregoing Stipulation was served upon the following parties by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas W. Hall, Esquire Atlee, Hall and Brookhart 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 Counsel for Plaintiffs Date: SL I 1132367v 1 041199.00510 /? Minehan, Karen E. From: Minehan, Karen E. Sent: Monday, May 14, 2012 10:07 AM To: Carmela R. Witmer Subject: RE: Kieklak v. Tocks Attachments: 1132367_2.DOCX.DOCX I am fine with you holding off from providing the Kieklaks' contact information until you and Tom confer later this week. I just don't want to be in the dark after Tom withdraws. I amended my proposed stipulation to move the discovery deadlines. As you will see, I moved Plaintiff's deadlines from February 15 to June 30 and the other deadlines accordingly ..... I would appreciate if you or Tom would forward this Stipulation to the Kieklaks along with the Order so they can consider it asap. If the Kieklaks sign the stipulation and return it to me promptly, then I will file it and ask the court to issue the new deadlines. If they won't, then I will file a Motion and will probably ask for a shorter Plaintiff's expert deadline. Thank you for getting back to me on this matter. Kcwe v "Mvvsy" E. M%vt?,ZLa n, Esquire St-e/vevk & Lees 17 Ncr1;ItiSec cn&StYeet 16th Floor P.O. Box 11670 Harrisburg. PA 17101 (717) 255 -7384 fh ect-D a, (610) 371-774= 1-a w KPiYYI.ta s--cee'VgNL?com www.steye4gAleel com From: Carmela R. Witmer [maiIto: crwitmer@atleehalLcoml Sent: Monday, May 14, 2012 9:54 AM To: Minehan, Karen E. Subject: RE: Kieklak v. Tocks Thanks Missy - we haven't received that Order yet. I'll print it for Tom. He is in trial - has been since last week. Might be back by Wed this week so he won't have a chance to respond. If it's ok with you, I'd like to wait to give you that info until he directs me to do it. I don't feel comfortable doing it until he at least has a chance to see it and possibly call the Kieklaks and/or send them the Order by email so they know what he's doing. Carmeia R. Witmer Paralegal to Thomas Hall, Esquire Atlee Hall, LLP 8 North Queen Street Lancaster, PA 17603 717-393-9596 (Office) 717-393-2138 (Fax) crwitmerC-atleehal I. com From: Minehan, Karen E. [mailtoXEMO)stevenslee.coml Sent: Monday, May 14, 2012 9:50 AM To: Thomas W. Hall E=1 Cc: Carmela R. Witmer Subject: Kieklak v. Tocks Tom- We received the Order allowing you to withdraw as counsel, We would like to get to the business of obtaining new deadlines with the Kieklaks. Would you please provide us with the Kieklaks' contact information (phone, address and email) as soon as you withdraw so we can try to obtain new deadlines via stipulation? Thank you. Kara v' t,"y" E. M6*wha*v, Esquire, Ste a+tk ET Leel 17 North/ Se c?Street 16th Floor P.O. Box 11670 Harrisburg, PA 17101 (717) 255 -7384 0L4- Gt76x , (610) 3 71- 7 744 Faw kef te0e,>ve 14" cane www. stevev> &", co-wv From: kem@steveoslee.com [mailto:kem0)stevenslee.com] Sent: Monday, May 14, 2012 9:46 AM To: Minehan, Karen' E. Subject: SCAN FOR: 04119900510[2012-05-14 09-45-19] P:is email may contain <3'iv3leged and confidential intorrnation and is solely for' the use of the sender's intended recipient(s) If you iecerded this email in error. please' notify the senile by reply email and delete all copies and attachments Thank you NOTE: This e-mail message contains information from Atlee Hall, LLP which is confidential, legally privileged and exempt from disclosure. It is intended for use only by the person to whom it is addressed. If you have received this message in error, please do not forward or use this information in any way, delete it immediately, and contact the sender as soon as possible by the reply option or by telephone at the telephone number listed (if available). Thank you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Plaintiffs, V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, Civil Action - Law Medical Professional Liability Action No. 11-3661 JURY TRIAL DEMANDED Defendants. ORDER AND NOW, this DECREED that: day of 2012, it is hereby ORDERED and 1. Plaintiffs' expert reports shall be produced to Defendants' counsel by June 30, 2012. If Plaintiffs' expert reports are produced by June 30, 2012, then (a) Defendants' expert reports shall be produced to Plaintiffs by August 15, 2012; (b) Plaintiffs' rebuttal reports shall be produced to Defendants' counsel within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (c) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (d) The case may be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel, parties and unrepresented parties (if any). 2. If Plaintiffs' expert reports are not produced to Defendants' counsel by June 30, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are SL I 1167947v 1 041199.00510 moot. Further, if Plaintiffs' expert reports are not produced by June 30, 2012, then any dispositive motion based upon Plaintiffs' failure to produce timely expert reports shall be filed no later than July 31, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon. BY THE COURT: J. Rule 236 Notice: Bernard and Christine, Kieklak, pro se 120 South Enola Drive, Enola, PA 17025 Michael D. Pipa, Esquire Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 2 SL 1 1 167947v 1 041199.005 10 Stevens & Lee, P.C. Michael D. Pipa, Esquire - I.D. No. 53624 Karen E. Minehan, Esquire - I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 mdp@stevenslee.com Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Civil Action - Law Medical Professional Liability Action Plaintiffs, V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, No. 11-3661 JURY TRIAL DEMANDED Defendants. DEFENDANTS JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE'S MOTION TO AMEND THE COURT'S ORDER DATED 9/15/11 TO ESTABLISH NEW PRETRIAL DEADLINES Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice, by and through their counsel, move to amend the Court's Order dated 9/15/11 to establish new trial deadlines following the Plaintiffs' counsel's withdrawal of appearance: Introduction: Plaintiffs Bernard and Christine Kieklak "dismissed and discharged" their counsel 2 '/z weeks before their expert reports were due via letter dated January 26, 2012. In response to a request by Plaintiffs' former counsel, Defendants agreed to temporarily suspend the pretrial deadlines. Defendants' counsel sought to reestablish the pretrial deadlines via stipulated order on February 14, 2012 and on March 14, 2012. Plaintiffs ignored these requests. They have not retained new counsel. Plaintiffs' failure to either produce their expert reports or to stipulate to new pretrial deadlines stalled the progress of this case, prejudices the Defendants 3 SL 1 116 7947v 1 041199.00510 and should not be allowed. Defendants file the present Motion to amend the Court's order dated 9/15/12 to establish new pretrial deadlines and asks that their proposed Order be entered. 1. On April 14, 2011, Plaintiffs Bernard and Christine Kieklak, through their former counsel, filed a Complaint against Defendants Jonathan B. Tocks, M.D. and Cumberland Family Practice in which they allege that Dr. Tocks negligently failed to timely diagnose and treat Plaintiff Bernard Kieklak's unstable angina and acute myocardial infarction. Defendants filed an Answer and New Matter denying Plaintiffs' allegations. The pleadings are closed. 2. On September 15, 2011, the Honorable Albert Masland entered a stipulated order establishing pretrial deadlines. Plaintiffs' expert reports were due to be produced by February 15, 2012. 3. Via letter dated January 26, 2012, Plaintiffs "dismissed and discharged" Attorney Thomas Hall and Atlee Hall, LLP as their counsel, "effective immediately." See Letter dated January 26, 2012 attached to Plaintiffs' counsel's Petition for Leave to Withdraw as Counsel. 4. At the request of Plaintiffs' former counsel, Defendants' counsel agreed on February 6, 2012 to temporarily suspend the pretrial deadlines that were established by Judge Masland on September 15, 2011. 5. On February 14, 2012, Defendants' counsel asked Plaintiffs' counsel to confer with his client about formally extending the pretrial deadlines by sixty days via stipulated order. See email dated February 14, 2012 and proposed stipulation and order attached as Exhibit A. 6. Plaintiffs' counsel Hall responded that he had no authority to act for the Kieklaks so he could not agree to Defendants' proposed stipulated order to extend the pretrial deadlines. 7. On March 22, 2012, Plaintiffs' counsel filed a Petition for Leave to Withdraw Appearance. 4 SL 11167947v 1 041199.005 10 8. On May 9, 2013, the Honorable Albert H. Masland granted Plaintiffs' counsel's Petition for Leave to Withdraw. 9. On May 14, 2012, Defendants' counsel asked that Attorney Hall forward a proposed stipulation and order to the Kieklaks to establish new pretrial deadlines. Of note, Defendants reasonably proposed that Plaintiffs' expert reports be due six weeks later, or by June 30, 2012 and 4 '/2 months after the Plaintiffs' expert deadline established by Judge Masland. 10. On May 15, 2012, a representative of Atlee Hall, LLP emailed the proposed stipulation and order to Plaintiffs Bernard and Christine Kieklak. See email dated May 15, 2012 and proposed stipulation and order attached as Exhibit B. 11. On or about May 21, 2012, Plaintiffs' counsel filed a Withdrawal of Appearance and provided the court with the Plaintiffs service address. 12. To date, Plaintiffs have neither returned the signed stipulation nor have not responded to the proposed stipulation and order. 13. No new counsel has entered his or her appearance for Plaintiffs. Plaintiffs are, therefore, pro se. 14. Pursuant to Cumb.R.Civ.P. 208.3(a)(9), Defendants certify that they sought to obtain the concurrence of Plaintiffs on March 14, 2012, but that Plaintiffs did not respond to Defendants' counsel in any way. WHEREFORE,, Defendants respectfully request that their Motion to amend the Court's Order dated 9/15/11 to establish new trial deadlines be granted and that the Court enter the accompanying Order. Respectfully submitted, STEVENS & LEE 5 SL 11167947v 1 041199.00510 Date: SL I 1 167947v 1 041199.00510 By: Michael D. Pipa, Esquire Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (phone) (610 371-7743 (fax) mdp@stevenslee.com Attorneys for Defendants 6 CERTIFICATE OF SERVICE I, Karen E. Minehan, Esquire hereby certify that on this date a true and correct copy of the foregoing Motion was served upon the following parties by depositing the same in the United States mail, postage prepaid, certified mail, return receipt requested and email addressed as follows: Bernard and Christine Kieklak 120 South Enola Drive Enola, PA 17025 BernNChris@aol.com Date: SL I 1 167947v 1 041199.00510 ?' Minehan, Karen E. From: Carmela R. Witmer <crwitmer@atleehall.com> Sent: Tuesday, May 15, 2012 10:57 AM To: Minehan, Karen E.; 'BernNChris@aol.com' Cc: Thomas W. Hall Subject: Kieklak Court Order Attachments: Order.pdf, Proposed Stipulation.DOCX Ms. Minehan and Mr. Kieklak: In light of the recent Court Order (attached) in which the Court has granted our Petition to Withdraw as Counsel, our office will take no further action in this case. Mr. Kieklak - I am attaching a proposed stipulation which defense counsel would like you to review and consider. You will need to communicate directly with defense counsel regarding your position. Ms. Minehan - Tom has asked me to provide you with Mr. Kieklak's email address (you will see that his email address is identified above) and through this email we ask that you begin communications directly with him at this point. You also have his home address which is included on the Court Order. Mr. Kieklak can decide if he would like to provide you with his home telephone number or just communicate with you via email or first class mail. At this time, we will close our file for this case. Thank you. Carmela R. Witmer Paralegal to Thoma$ Hall, Esquire Atlee Hall, LLP 8 North Queen Street Lancaster, PA 17603 717-393-9596 (Office) 717-393-2138 (Fax) crwitmer(cD-atleehall.!com NOTE: This e-mail message contains information from Atlee Hall, LLP which is confidential, legally privileged and exempt from disclosure. It is intended for use only by the person to whom it is addressed. If you have received this message in error, please do not forward or use this information in any way, delete it immediately, and contact the sender as soon as possible by the reply option or by telephone at the telephone number listed (if available). Thank you. EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and Civil Action - Law CHRISTINE KIEKLAK, : Medical Professional Liability Action Plaintiffs, : V. : No. 11-3661 JONATHAN B. TOCKS, M.D. and JURY TRIAL DEMANDED CUMBERLAND FAMILY PRACTICE, Defendants. ORDER AND NOW, this _day of , 2012, it is hereby ORDERED and DECREED that: 1. Plaintiffs' expert reports shall be produced by June 30, 2012. If Plaintiffs' expert reports are produced by June 30, 2012, then (a) Defendants' expert reports shall be produced by August 15, 2012; (b) Plaintiffs' rebuttal reports shall be produced within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (c) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (d) The case may be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel and unrepresented parties (if any). 2. If Plaintiffs' expert reports are not produced by June 30, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are moot. Further, if S1,I 1 132367v2 041199.00510 Plaintiffs' expert reports are not produced by June 30, 2012, then any dispositive motion based upon Plaintiffs' failure to produce timely expert reports shall be filed no later than July 31, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon. BY THE COURT: J. Rule 236 Notice: Bernard and Christine, Kieklak, pro se Michael D. Pipa, Esquire 2 SL I 1132367v2041199.00510 Stevens & Lee, P.C. Michael D. Pipa, Esquire - I.D. No. 53624 Karen E. Minehan, Esquire- I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 mdp@stevenslee.com Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Civil Action - Law Medical Professional Liability Action Plaintiffs, V. JONAT14AN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, No. 11-3661 JURY TRIAL DEMANDED Defendants. STIPULATION TO EXTEND SCHEDULING DEADLINES SET FORTH IN THE COURT'S ORDER DATED SEPTEMBER 15.2011 AND NOW on this day of , 2012, the parties, by and through their respective counsel, hereby stipulate and agree, as follows: 1. Plaintiffs' counsel, Attorney Thomas W. Hall, Esquire and Atlee, Hall & Brookhart, L.L.P. withdrew their appearance on behalf of Plaintiffs Bernard and Christine Kieklak. 2. Plaintiffs' prior expert deadline is February 15, 2012 per Court Order dated September 15, 2011. 3. The scheduling deadlines set forth in the Stipulation and accompanying Order dated September 15, 2011 should, therefore, be extended as follows: SL1 1132367v2041199.00510 (a) Plaintiffs' expert reports shall be produced by June 30, 2012. If Plaintiffs' expert reports are produced by June 30, 2012, then (i) Defendants' expert reports shall be produced by August 15, 2012; (ii) Plaintiffs' rebuttal reports shall be produced within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (iii) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (iv) The case may be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel and unrepresented parties (if any). (b) If Plaintiffs' expert reports are not produced by June 30, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are moot. Further, if Plaintiffs'' expert reports are not produced by June 30, 2012, then any dispositive motion based upon Plaintiffs' failure to produce timely expert reports shall be filed no later than July 31, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon.. 4. All parties stipulate and respectfully request that the Court enter the accompanying proposed larder. 5. The Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel even though signed on separate signature pages. 6. The parties, individually and/or by their respective counsel, certify that they have authorization to execute the Stipulation and that they authorize the filing of any non-original, facsimile or other copy of the present Stipulation. See Pa.R.Civ.P. 205.3. 2 SL I 1132367v2041199.00510 7. The parties, individually and/or by their respective counsel, have caused this Stipulation to be executed and intend to be legally bound thereby. Date: STEVENS & LEE, P.C. By: Michael D. Pipa, Esquire Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 N. Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (phone) (610 371-7743 (fax) mdpCstevenslee.com Attorneys for Defendants Date: By: Bernard Kieklak, pro se Date: By: Christine Kieklak, pro se SLI 1132367v2041199.00510 CERTIFICATE OF SERVICE I, Karen E. Minehan, Esquire hereby certify that on this date a true and correct copy of the foregoing Stipulation was served upon the following parties by depositing the same in the United States mail, postage prepaid, addressed as follows: Bernard and Christine Kieklak Date: SLI 1132367v2041199.00510 CERTIFICATE OF SERVICE I, Karen E. Minehan, Esquire hereby certify that on this date a true and correct copy of the foregoing Motion was served upon the following parties by depositing the same in the United States mail, postage prepaid, certified mail, return receipt requested and email addressed as follows: Bernard and Christine Kieklak 120 South Enola Drive Enola, PA 17025 BernNChris@aoL com Date: May 30, 2012 SL 1 1167947v 1041199.005 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, Civil Action - Law : Medical Professional Liability Action Plaintiffs, V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, No. 11-3661 JURY TRIAL DEMANDED Defendants ORDER -rf llf4 AND NOW, this _day of 2012, it is hereby ORDERED and DECREED that: 1. Plaintiffs' expert reports shall be produced by June 30, 2012. If Plaintiffs' expert reports are produced by June 30, 2012, then (a) Defendants' expert reports shall be produced by August 15, 2012; (b) Plaintiffs' rebuttal reports shall be produced within fifteen (15) days of service of Defendants' reports. See Pa.R.Civ.P. 440(b); (c) Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 1035.3 and; (d) The case may be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel and unrepresented parties (if any). 2. If Plaintiffs' expert reports are not produced by June 30, 2012, then the deadlines for production of Defendants' expert reports and Plaintiffs' rebuttal reports are moot. Further, if SI.I 1132367v2041199.00510 Plaintiffs' expert reports are not produced by June 30, 2012, then any dispositive motion based upon Plaintiffs' failure to produce timely expert reports shall be filed no later than July 31, 2012 and all counsel and unrepresented parties (if any) shall be guided by the Court's decision thereon. BY THE COURT: 1 J. Rule 236 Notice: Bernard and Christine, Kieklak, pro se Michael D. Pipa, Esquire coo; ('s Luc ALL f;-2 !_f 2 SL1 1132367v2 041199.00510 t" + HIE PR0TH0N0 TA# 2312 JUN 29 PM 2: 15 Cure .AND CouNT ;? PE' SYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, his wife, Plaintiffs V. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE CIVIL ACTION - LAW Medical Professional Liability Action NO. 11-3661 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Donald L. Reihart, Esquire, on behalf of Bernard J, Kieklak, Jr., and Christine Kieklak, his wife, the Plaintiffs in the above captioned action. Respectfully submitted, Date: Z-/•2_ Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email(aD-reihartlaw.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, his wife, Plaintiffs v. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE CIVIL ACTION - LAW Medical Professional Liability Action NO. 11-3661 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Michael D. Pipa, Esq. Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Date: C` Respectfully submitted, By: ? Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email reihartlaw.com Attorney for Plaintiff BERNARD J'. KIEKLAK, JR. AND CHRISTINE KIEKLAK, his wife, PLAINTIFFS V. JONATHAN B. TOCKS, M.D. AND CUMBERLAND FAMILY PRACTICE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-3661 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2012, upon consideration of Plaintiffs' motion to extend the deadline for production of expert reports, a Rule is issued on Defendants to show cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. Any answer filed shall be forwarded by the Prothonotary to chambers. By the Court, Albert H. Masland, J. Donald L. Reihart, Esquire For Plaintiffs Michael D. Pipa, Esquire -n- W For Defendants z r- ? eop'ep_? A4 C1, n? t'J -ri D 4? rY -? c-n 1,0 9 1. FILED-OFFICE. OF THE PROP40NOTARY 2012 JUL 13 AM 11: 18 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLV BERNARD J. KIEKLAK, JR. and NO. 11-3661 CHRISTINE KIEKLAK, his wife, Plaintiffs V. JONATHAN B. TOCKS, M.D. Medical Professional Liability Action and CUMBERLAND FAMILY CIVIL ACTION - LAW PRACTICE, Defendants JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION TO EXTEND THE DEADLINE FOR PRODUCTION OF EXPERT REPORTS To the Prothonotary: Please withdraw Plaintiffs' Motion to Extend the Deadline for Production of Reports which was filed on June 29, 2012. Date: ?Z f Respectfully submitted, Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone 717-755-2799 Facsimile 717-755-2530 email reihartlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLV BERNARD J. KIEKLAK, JR. and NO. 11-3661 CHRISTINE KIEKLAK, his wife, Plaintiffs _ V. JONATHAN B. TOCKS, M.D. Medical Professional Liability Action and CUMBERLAND FAMILY CIVIL ACTION - LAW PRACTICE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the Plair Praecipe to Withdraw Plaintiffs' Motion to Extend the Deadline for Production of E.N Report was caused to be served on the date shown below by depositing same in United States mail, first-class, postage prepaid thereon, addressed as follows: Michael D. Pipa, Esq. Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Date: 7 /0 - , 4 Respectfully submitted, By. a Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone 717- 755-2799 Facsimile 717- 755-2530 emailO-reihartlaw.com Attorney for Plaintiffs rt le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, V. Plaintiffs, Civil Action - Law Medical Professional Liability Action . r? No. 11-3661 rn W x? JURY TRIAL DEMANDED , A r-- ?C) : c, JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, Defendants. v ORDER AND NOW, this W day of July, 2012, it is hereby ORDERED and DECREED that: 1. Plaintiffs' expert reports shall be produced by September 15, 2012. 2. Defendants' expert reports shall be produced by December 14, 2012; N r- J 3. Plaintiffs' rebuttal reports shall be produced within thirty (30) days of service -A r-) -- : ca of Defendants' reports. See Pa.R.Civ.P. 440(b); 4. Dispositive motions shall filed by no later than thirty (30) days after service of Plaintiffs' rebuttal reports and responses shall be filed in accordance with Pa.R.Civ.P. 10353 and; 5. The case may be listed for trial thereafter and shall be scheduled for a trial date that is convenient for the Court, counsel, experts and parties Rule 236 Notice: V Donald L. Reihart, Esquire Michael D. Pipa, Esquire BY j OURT: J. S L I ecp', e-5 ma, 'led '71 / v/1 ;P 1177910v 1 041 199.00510 1811G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and NO. 11-3661 CHRISTINE KIEKLAK, his wife, Plaintiffs V. JONATHAN B. TOCKS, M.D. Medical Professional Liability Action and CUMBERLAND FAMILY CIVIL ACTION - LAW PRACTICE, .Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of Plaintiffs' Answers to Defendants' Expert Witness Interrogatories Directed to Plaintiffs was caused to be served on the date shown below by depositing same in the United States mail, first- class, postage prepaid thereon, addressed as follows: . .� Michael D. Pipa, Esq. �-$, �► ��_ Stevens & Lee, P.C. rnrn -� -,F= 17 North Second Street, 16t" Floor �r V C1 Harrisburg, PA 17101 Z mac.: -d, C)-n Respectfully submitted, =o N o -4 Date: _ �� `13 By: Donald L. Reihart, Esquire Sup.Ct. I.D. #07421 3015 Eastern Boulevard York, PA 17402 Tele: 717-755-2799 Fax: 717-755-2530 email(?reihartlaw.com Attorney for Plaintiffs C11' PRAECIPE FOR LISTING CASE FOR JURY TRIAL �t7/y E 14 Pp (Must be typewritten and submitted in triplicate EAU� f COU TO THE PROTHONOTARY OF CUMBERLAND COUNTY PE�� �), MA �l Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in full' (check one) Civil Action —Law ['Appeal from arbitration Bernard J. Kieklak, Jr and Christine (other) Kieklak, his wife (Plaintiff) No. 11-3661 Civil Term vs. The trial list will be called on April 22, 2014 Jonathan B. Tocks, M.D. and and Cumberland Family Practice p (Defendant) Pretrials will be held on May 7, 2014 (Briefs are due 5 days before pretrials) vs. Trials commence on May 19, 2014 Indicate the attorney who will try case for the party who files this praecipe: Donald L. Reihart, Esq. Indicate trial counsel for other parties if known: Michael D. Pipa, Esq This case is ready for trial. Signed. .f„,„ _ Print Name: Donald L. Reihart Date: 02— /�y— / 1 Attorney for: Plaintiffs Ck-14- 03 ���1CQe BERNARD J. KIEKLAK, JR, AND : IN THE COURT OF COMMON PLEAS OF CHRISTINE KIEKLAK, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. • JONATHAN B. TOCKS, M.D. AND • CUMBERLAND FAMILY PRACTICE, : DEFENDANTS : 11-3661 CIVIL TERM ORDER OF COURT AND NOW, this tn7)< day of February, 2014, upon request of counsel for Defendants for a status conference, and with the concurrence of counsel for the Plaintiffs, a status conference is scheduled for the 7th day of April, 2014, at 11:00 a.m., in chambers. By the Court, Albert H. Masland, . ./Donald Reihart, Esquire For Plaintiffs Michael D. Pipa, Esquire For Defendants Court Administrator — tucc,C ,,J �� sal eCT I Q.S 112C1-1 C1-1 z/Al/iy �> N 5 BERNARD J. KIEKLAK, JR, AND CHRISTINE KIEKLAK, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN B. TOCKS, MD. AND : CUMBERLAND FAMILY PRACTICE, : DEFENDANTS : 11-3661 CIVIL TERM ORDER OF COURT AND NOW, this 7 day of April, 2014, following a status conference, it appearing to the court that continuing this matter to the October term is not necessary at this time, we ORDER and DIRECT as follows: 1. This case shall remain on the May trial list. 2. All pretrial motions, including Plaintiffs' request for bifurcation, shall be filed contemporaneously with the filing of pretrial memorandums. 3. If Defense Counsel's trial obligation in Brown v. Charan, No. 11-5752, still exists at the time of the pretrial conference, the court will consider alternative scheduling. ‘---1;nald Reihart, Esquire For Plaintiffs ----TV-Iichael D. Pipa, Esquire Karen Minehan, Esquire For Defendants Court Administrator ')'/iv =n1 By the Court, Albert H. Masland, -41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA •••- f•-•-:+c= ""1-' —4 3: .j...... ,_,,., BERNARD J. KIEKLAK, JR. and : NO. 11-3661 -.x. • CHRISTINE KIEKLAK, his wife, GO 7-9 t7; c7) t Plaintiffs --< .--:: <c) c•-_,,, '-'11 ..– c-- M. CD JONATHAN B. TOCKS, M.D. Medical Professional Liability Ablion--- and CUMBERLAND FAMILY CIVIL ACTION - LAW PRACTICE, v. Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND SATISFY TO THE PROTHONOTARY: Please mark the above captioned action settled and satisfied. Date: 9 By: '1 Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 email@reihartlaw.com Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BERNARD J. KIEKLAK, JR. and CHRISTINE KIEKLAK, his wife, Plaintiffs v. JONATHAN B. TOCKS, M.D. and CUMBERLAND FAMILY PRACTICE, NO. 11-3661 Medical Professional Liability Action CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Donald L. Reihart, Esquire, certify that a true and correct copy of the foregoing Praecipe to Settle and Satisfy was caused to be served on the date shown below by depositing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Michael D. Pipa, Esq. Stevens & Lee, P.C. 17 North Second Street, 16th Floor Harrisburg, PA 171.01 Respectfully submitted, 2 Donald L. Reihart, Esq. Sup. Ct. I.D. # PA 07421 3015 Eastern Boulevard York, PA 17402-2904 Telephone (717) 755-2799 Facsimile (717) 755-2530 emailreihartlaw.com Attorney for Plaintiffs