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HomeMy WebLinkAbout11-4142IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LANA K. GLASER, IU%o?? le- -(")r. W -eeti 1-16S S Plaintiff V. JUDITH W. COOK, M.D. lZ?l Defendant Car ?is1e, t CIVIL DIVISION nn- CASE NO v? c JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-caption action. Writ of Summons shall be issued and forwarded to the Sheriff. Date: BY: Respectfully submitted, 1 O? vackQdally V4a $?c0*1 ADAM L. SEIFERTH, Attorney ID# 89073 1011 Mumma Road, uil Lemoyne, PA 17043 (717) 975-9600 Counsel for the Plaintiff, LANA K. GLASER WRIT OF SUMMONS TO: DEFENDANT, JUDITH W. COOK, M.D. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. onotary/Cle k, Civil Division Date: '5-y-1 ( by IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LANA K. GLASER, ) CASE NO: 11-4142 M zrn r ? Plaintiff ) X :",o r MEDICAL PROFESSIONAL V. ) LIABILITY ACTION ? U x+ ° ) A? ? Orn JUDITH W. COOK, M.D. ) c ' Defendant 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 defense 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 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(s). 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita o en persona o por abogado y archivar en la corte an forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es predido en la peticion de demanda. Usted puede perder dinero o sus propriendades o stros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABROGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONCO A LA OFICINA CUYA DIRECCION SE ENCUENTRA EXCRITA ABAJO PARA AVERIGUAR DONDE SE PAUEDE CONSEQUIR ASSISTANCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LANA K. GLASER, Plaintiff V. JUDITH W. COOK, M.D. Defendant CASE NO: 11-4142 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Lana K. Glaser (hereinafter "Ms. Glaser"), by and through her counsel, Adam L. Seiferth, Esquire, and files this Complaint and, in support thereof, states the following: 1. Plaintiff, Ms. Glaser, is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 1010 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Judith W. Cook, M.D. (hereinafter "Dr. Cook"), is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 18 Arlington Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. At all times relevant hereto, Defendant, Dr. Cook, was a licensed medical physician and surgeon in the Commonwealth of Pennsylvania, who maintained an office address at 800 Poplar Church Road, Camp Hill, Pennsylvania 17011. 4. Plaintiff, Ms. Glaser, is asserting a professional liability claim against Defendant, Dr. Cook, in the nature of lack of informed consent and medical professional negligence. 5. A Certificate of Merit regarding the lack of informed consent claim will be filed within sixty (60) days of the filing of this Complaint in accordance with Pa.R.C.P. 1042.3(a). 6. A Certificate of Merit regarding the medical negligence claim will be filed within sixty (60) days of the filing of this Complaint in accordance with Pa.R.C.P. 1042.3(a). 7. In the spring of 2009, Plaintiff, Ms. Glaser, began experiencing significant left lower leg pain, and she presented to her family physician, Dr. Supriyo Ghosh, for these symptoms. 8. Dr. Ghosh referred Plaintiff, Ms. Glaser, to Vascular Associates, P.C., with a place of business located at 800 Poplar Church Road, Camp Hill, Pennsylvania 17011. 9. On April 1, 2009, Plaintiff, Ms. Glaser, underwent a lower extremity arterial exam (ultrasound) which revealed, inter alia, severe stenosis and reduced blood flow involving the left common femoral artery, left superficial femoral and popliteal arteries, distal left popliteal artery, and left posterior tibial artery. 10. Following the ultrasound, Plaintiff, Ms. Glaser, presented to the office of Defendant, Dr. Cook, on May 6, 2009 for evaluation and examination with the belief that they would discuss treatment options for her left leg pain. 11. During this evaluation, Defendant, Dr. Cook, explained to Plaintiff, Ms. Glaser, that she had only 50% blood flow in the left leg. To treat this, Dr. Cook explained that she would perform a dye study and then an angiogram to remove the plaque in her arteries. If the angiogram did not remove the plaque, Dr. Cook stated she would then perform an atherectomy. 12. Although Plaintiff, Ms. Glaser, asked Defendant, Dr. Cook, about using medications instead of undergoing surgery, Defendant, Dr. Cook, discouraged the use of medications. Instead, Defendant, Dr. Cook, assured Plaintiff, Ms. Glaser, that the surgery would take care of the blockage "once, and it will be over with" and that she "would be out mowing her lawn and walking her dog in no time." 13. At the conclusion of this office visit, Defendant, Dr. Cook, planned "an angiogram with possible atherectomy" of the left lower extremity. 14. At no time prior to undergoing the planned surgery did Defendant, Dr. Cook, discuss any of the risks or potential complications of the "angiogram with possible atherectomy", including the potential for a leg amputation. 15. At no time prior to undergoing the planned surgery did Defendant, Dr. Cook, discuss any alternative treatments or procedures to the "angiogram with possible atherectomy" or the risks associated with any other alternative treatments or procedures. 16. Based on the information provided by Defendant, Dr. Cook, during the May 6, 2009 consultation, Plaintiff, Ms. Glaser, believed the procedure she was to undergo involved only the single, main artery in her leg, not three. 17. Defendant, Dr. Cook, failed to discuss the device which would be used to perform the "possible atherectomy". 18. Although Defendant, Dr. Cook, provided Plaintiff, Ms. Glaser, with literature regarding peripheral arterial disease and peripheral bypass surgery, these materials failed to inform Plaintiff, Ms. Glaser, of the risks associated with, and alternatives to, an atherectomy. 19. Thus, Defendant, Dr. Cook, left Plaintiff, Ms. Glaser, with the impression that surgery would be performed on one artery in her left leg and that she would resume her normal activities in no time. To the understanding of Plaintiff, Ms. Glaser, the proposed surgery was a simple outpatient procedure, and she would be out of the hospital on the same day. 20. Ms. Glaser proceeded to surgery on June 12, 2009 at the Harrisburg Hospital. The procedures Defendant, Dr. Cook, performed included: (a) Aortogram; (b) Bilateral lower extremity angiogram; (c) Left common femoral, superficial femoral artery and profunda femoral atherectomy with Pathway catheter; (d) Interarterial infusion and thrombolysis; (e) Selective left anterior tibial angiogram; (f) Selective left tibial peroneal trunk angiogram; and, (g) Selective left superficial femoral artery angiogram. 21. During the procedure, Defendant, Dr. Cook, inserted the "Pathway atherectomy device" into the common femoral artery, superficial femoral artery, and profunda artery of the left lower extremity. 22. Defendant, Dr. Cook, performed multiple atherectomy runs with the Pathway atherectomy device in the aforementioned left lower extremity arteries. 23. Defendant, Dr. Cook, utilized the same blades on the Pathway atherectomy device for all three of the aforementioned left lower extremity arteries. 24. During the surgery, plaque was pushed down an artery and lodged in Plaintiff, Ms. Glaser's, left foot and/or leg. 25. Defendant, Dr. Cook, failed to advise Plaintiff, Ms. Glaser, that plaque being pushed down the artery and becoming lodged in the leg was both a risk and potential complication of the procedures Defendant, Dr. Cook, performed. 26. Defendant, Dr. Cook, failed to advise Plaintiff, Ms. Glaser, that a leg amputation was both a risk and potential complication of the procedures Defendant, Dr. Cook, performed. 27. Following the June 12, 2011 surgery, Plaintiff, Ms. Glaser, was placed in the intensive care unit as she various problems and complications developed, including left lower extremity ischemia with tibial artery thromboembolism. 28. As a result, Plaintiff, Ms. Glaser had to undergo a second surgery approximately eight hours later on June 12, 2009, inclusive of an angiogram, angioplasty, artery exploration, embolectomy, and vein patch angioplasty closure. 29. Following the second surgery on June 12, 2009, Plaintiff, Ms. Glaser, returned to the intensive care unit and developed compartment syndrome of the left lower extremity. 30. Because of this, Plaintiff, Ms. Glaser, subsequently returned to the operating room on June 15, 2009 for a third surgery in the nature of a four compartment fasciotomy via lateral single incision of the left lower extremity. 31. Thereafter, Plaintiff, Ms. Glaser, began hemorrhaging from the left lower extremity. She returned to the operating room on June 18, 2009 and underwent an exploration of the left lower extremity fasciotomy with cauterization of bleeding. By this time, a significant amount of necrotic muscle had developed, particularly in the lower half of the left leg. 32. Defendant, Dr. Cook, discharged Plaintiff, Ms. Glaser, from the Harrisburg Hospital to a rehabilitation facility on June 24, 2009. 33. After an office visit with Defendant, Dr. Cook, on July 2, 2009, Plaintiff, Ms. Glaser, was readmitted to the Harrisburg Hospital having developed further ischema and nercrotic changes of the left foot and nercrotic changes of the fasciotomy site. Defendant, Dr. Cook, decided that Plaintiff, Ms. Glaser, required a below the knee amputation secondary to the continued ischema. 34. On July 4, 2009, Defendant, Dr. Cook, performed a below the knee amputation of Plaintiff, Ms. Glaser's, left leg. COUNT I - LACK OF INFORMED CONSENT LANA K. GLASER v. JUDITH W. COOK. M.D. 35. Plaintiff, Ms. Glaser, incorporates paragraphs 1 through 34 above as though fully set forth herein at length. 36. At all times relevant hereto, Defendant, Dr. Cook, was required to obtain the full, knowing, and voluntary informed consent from Plaintiff, Ms. Glaser, prior to performing surgery on her left lower extremity on June 12, 2009. 37. At all times relevant hereto, Defendant, Dr. Cook, had the duty to disclose to a description of the proposed procedure to Plaintiff, Ms. Glaser. 38. At all times relevant hereto, Defendant, Dr. Cook, had the duty to disclose the risks and alternatives that a reasonably prudent patient would require to make an informed decision to undergo the procedure which a physician acting in accordance with accepted medical standards of medical practice would provide. 39. Defendant, Dr. Cook, deviated from the accepted standards of medical practice in that she failed to obtain the informed consent of Plaintiff, Ms. Glaser, prior to performing the June 12, 2009 procedure. Defendant, Dr. Cook, failed to: (a) Provide Plaintiff, Ms. Glaser, with a description of the procedure that was performed on June 12, 2009; (b) Inform Plaintiff, Ms. Glaser, that a surgical device would be inserted into the arteries of her left lower extremity; (c) Inform Plaintiff, Ms. Glaser, how the surgical device works and/or why it needed to be used; (d) Inform Plaintiff, Ms. Glaser, that the surgical device would be deployed into three arteries of her left lower extremity; (e) Inform Plaintiff, Ms. Glaser, of the risk that the surgical device could dislodge plaque within the artery and cause it to become lodged downstream causing injury; (f) Inform Plaintiff, Ms. Glaser, of the risk that the surgical device may fail to remove the plaque and/or other obstruction which exited in her arteries; (g) Inform Plaintiff, Ms. Glaser, of any of the complications associated with an atherectomy, including, but not limited to, amputation of the foot and/or leg; (h) Inform Plaintiff, Ms. Glaser, of any alternative procedures and/or treatments for the reduced blood flow in the left lower extremity; and, (i) In otherwise failing to obtain informed consent from Plaintiff, Ms. Glaser, under the facts and circumstances as set forth in this Complaint. 40. Defendant, Dr. Cook, failed to inform Plaintiff, Ms. Glaser, of the aforesaid risks of the harm and injury which might and did result from undergoing the procedure and of alternative methods of treatment for her condition, all of which a physician acting in accordance with accepted standards of medical practice in the position of Defendant, Dr. Cook, knew or should have known a reasonably prudent patient would have considered significant when consenting to have the surgery which was performed on June 12, 2009. 41. The aforesaid undisclosed risks of surgery and/or the availability of alternative methods of treatment would have been a substantial factor in Plaintiff, Ms. Glaser's, decision to undergo the June 12, 2009 procedure. 42. Plaintiff, Ms. Glaser's, consent to receive the aforementioned surgery was not valid or informed and, therefore, the aforesaid surgery constituted a battery on the person of the Plaintiff, Ms. Glaser. 43. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain the informed consent, Plaintiff, Ms. Glaser, underwent a non-consensual procedure, developed ischemia and compartment syndrome of the left lower extremity and had to endure several additional emergency surgeries, all of which culminated in the amputation of Plaintiff, Ms. Glaser's, left lower leg. 44. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain informed consent, Plaintiff, Ms. Glaser, has experienced, and will continue to experience in the future, significant pain and suffering, and permanent disability and disfigurement. 45. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain informed consent, Plaintiff, Ms. Glaser, has incurred substantial medical expenses and will continue to incur medical expenses in the future. 46. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain informed consent, Plaintiff, Ms. Glaser, has incurred substantial out of pocket expenses, including, but not limited to, expenses incurred in renovating her home to accommodate her physical condition. 47. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain informed consent, Plaintiff, Ms. Glaser, has undergone and will continue to undergo in the future significant mental and physical pain and suffering, inconvenience and inability to carry out her daily activities, and loss of life's pleasures and enjoyment. WHEREFORE, Plaintiff, Lana K. Glaser, demands judgment in her favor and against Defendant, Judith W. Cook, M.D., in an amount in excess of the jurisdictional limits for arbitration. COUNT II - PROFESSIONAL NEGLIGENCE LANA K. GLASER v. JUDITH W. COOK. M.D. 48. Plaintiff, Ms. Glaser, incorporates paragraphs 1 through 48 above as though fully set forth herein at length. 49. Defendant, Dr. Cook, owed Plaintiff, Ms. Glaser, a duty to exercise the judgment, knowledge, and skill required of a reasonable physician under the circumstances in the treatment and care of Plaintiff, Ms. Glaser. 50. Plaintiff, Ms. Glaser, believes and, therefore, avers that her injuries and damages, as set forth more fully below, are the direct and proximate result of the negligence and carelessness of Defendant, Dr. Cook, in deviating from the standard of care required of general and/or vascular surgeons as follows: (a) In performing the atherectomy procedure given the medical presentation of Plaintiff, Ms. Glaser; (b) In failing to utilize the correct procedure to treat the restricted blood flow of the left lower extremity; (c) In failing to confine the surgery to the medically necessary area for the condition Plaintiff, Ms. Glaser, was suffering from; (d) In performing the atherectomy utilizing the Pathway device on three different arteries in the left lower extremity; (e) In failing to limit the atherectomy to one and/or two arteries in the left lower extremity; (f) In performing multiple atherectomy runs within the arteries; (g) In utilizing the same blade on the Pathway device for all three arteries; (h) In failing to use select proper blade(s) for use on the Pathway device; (i) In failing to take medically reasonable precautions to prevent plaque from dislodging and flowing down the bloodstream; 0) In operating the Pathway device in an improper manner; (k) In failing to ensure that the Pathway device was working properly prior to performing the atherectomy; (1) In completing the procedure without ensuring appropriate blood circulation to the left lower extremity; (m) In causing an increased obstruction to the blood flow into the left lower extremity; (n) In improperly performing the atherectomy; (o) In rendering inappropriate and/or inadequate medical treatment under the circumstances set forth in this Complaint; and, (p) In performing the surgical procedure without having the necessary or adequate skill or knowledge to do so. 51. The care, skill or knowledge exercised and/or exhibited by Defendant, Dr. Cook, as set forth above fell outside acceptable professional standards, and such conduct was a cause in bringing about the harm and/or increased the risk of harm to Plaintiff, Ms. Glaser. 52. As a direct and proximate result of the aforementioned negligence of Defendant, Dr. Cook, Plaintiff, Ms. Glaser, developed ischemia and compartment syndrome of the left lower extremity and had to endure several emergency surgeries, all of which culminated in the amputation of Plaintiff, Ms. Glaser's, left lower leg. 53. As a direct and proximate result of the aforementioned negligence of Defendant, Dr. Cook, Plaintiff, Ms. Glaser, has experienced, and will continue to experience in the future, significant pain and suffering, and permanent disability and disfigurement. 54. As a direct and proximate result of the aforementioned negligence of Defendant, Dr. Cook, Plaintiff, Ms. Glaser, has incurred substantial medical expenses and will continue to incur medical expenses in the future. 55. As a direct and proximate result of the failure of Defendant, Dr. Cook, to obtain informed consent, Plaintiff, Ms. Glaser, has incurred substantial out of pocket expenses, including, but not limited to, expenses incurred in renovating her home to accommodate her physical condition. 56. As a direct and proximate result of the aforementioned negligence of Defendant, Dr. Cook, Plaintiff, Ms. Glaser, has undergone and will continue to undergo in the future significant mental and physical pain and suffering, inconvenience and inability to carry out her daily activities, and loss of life's pleasures and enjoyment. WHEREFORE, Plaintiff, Lana K. Glaser, demands judgment in her favor and against Defendant, Judith W. Cook, M.D., in an amount in excess of the jurisdictional limits for arbitration. BY: Respectfully submitted, ADAM L. SEIFERTH, Q?T Pa. ID #89073 \ 1011 Mumma Road, S ite 201 Lemoyne, PA 17043 (717) 975-9600 Counsel for the Plaintiff, LANA K. GLASER VERIFICATION I hereby affirm that the following facts are correct: I, Lana K. Glaser, am a Plaintiff in the foregoing action. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Dated: 6 ,7o // i5 ? Lana K. Glaser CERTIFICATE OF SERVICE That counsel for the Plaintiff, LANA K. GLASER, hereby certifies that a true and correct copy of her COMPLAINT has been served on all counsel of record, by first class mail, postage pre- aid, according to the Pennsylvania Rules of Civil Procedure, on the ??' day of J 1?1g , 2011. James P. Kilcoyne, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Respectfully submitted, BY: ADAM L. SEIFERTH, Counsel for the Plainti LANA K. GLASER KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. JUDITH W. COOK M.D. ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. c--a o --r? ?M ter- ?, a° _ N N+ COURT OF COMMON PLEAS r-n CUMBERLAND COUNTY, PA CIVIL TERM: 11-4142 JURY TRIAL DEMANDED NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Lana K. Glaser c/o Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a Certificate of Merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of Judith W. Cook, M.D. The judgment of non pros will be entered as to the all claims against Defendants Judith W. Cook, M.D. KILCOYNE & NESBITT, LLC BY: LCOYNE, ESQUIRE JAMES P. KI JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorney for Defendants, Judith W. Cook, M.D. Date: - ad -( ( KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. LANA K. GLASER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL TERM: 11-4142 JUDITH W, COOK M.D. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark D. Bonavitacola, attorney for Defendant, Judith W. Cook, M.D., hereby certify that a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim was sent to all counsel of record by first class mail, postage prepaid: Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Attorney for Plaintiff) KILCOYNE & NESBITT, LLC BY: /;Z?6( b. 96?? C MARK D. BONAVITACOLA, ESQUIRE Date: ?? jo- ` I 1W , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LANA K. GLASER, Plaintiff V. JUDITH W. COOK, M.D. Defendant CASE NO: 11-4142 "- r MEDICAL PROFESSIONAL LIABILITY ACTION ? JURY TRIAL DEMANDED CERTIFICATE OF MERIT - LACK OF INFORMED CONSENT cam. -u G? C) =F I, Adam L. Seiferth, Esquire, Attorney for Plaintiff, Lana K. Glaser, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there exists is a reasonable probability that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the lack of informed consent claim of the Complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. BY: -' 1 C I Date: 1 16' Respectfully submitted, ADAM L. SEIFERTK I Attorney I.D. #89073 1011 Mumma Road, Sui Lemoyne, PA 17043 (717) 975-9600 I Counsel for Plaintiff, LANA K. GLASER r CERTIFICATE OF SERVICE That counsel for the Plaintiff, LANA K. GLASER, hereby certifies that a true and correct copy of her CERTIFICATE OF MERIT has been served on all counsel of record, by first class mail postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of 57- , 2011. James P. Kilcoyne, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 Respectfully submitted, BY: ADAM L. SEIFERTH, I Counsel for the Plaintiff, LANA K. GLASER KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. C) n, ATTORNEY FOR DEFENDAT,° T 0 _ JUDITH W. COOK, M.D. Xf. =, Cl =» - D c N C7 im.. f.. X :L COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 11-4142 JUDITH W. COOK, M.D. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF PARTIAL JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM PURSUANT TO RULE 1042.7 TO THE PROTHONOTARY: Enter partial judgment of non pros in the above-captioned matter against Lana K. Glaser as to only the following claims against Judith W. Cook, M.D.: Professional Negligence I, the undersigned, certify that the Plaintiff named above has asserted professional liability claims against the Defendant named above who is a licensed professional, that no certificate of merit has been filed within the time required by Pa. R.C.P. 1042.3 as to Count II of the Complaint for "Professional Negligence" and that there is no motion to extend the time for filing the certificate pending before the court. A Notice of Intention to Enter Judgment of Non Pros was mailed Plaintiffs' counsel on July 20, 2011 and filed by the Cumberland County Prothonotary July 22, 2011. See attached Notice and Certificate of Service attached as Exhibit "A" KILCOYNE & NESBITT, LLC DATE: August 23, 2011 l elf). 6-A4z=. J ME . KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Judith W. Cook, M.D. ao %i N 0 fd a411 CK?% 1g53 KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. C7 C 0 - C-1 r Z - - m ,,r-° f N 0 OQ 7y -C N --10 ? c -0 ca -n A ro COURT OF COMMON PLEAS ' N =% CUMBERLAND COUNTY, PA JUDITH W COOK M D CIVIL TERM: 11-4142 JURY TRIAL DEMANDED NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Lana K. Glaser c% Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Pursuant to Pennsylvania Rule of Civil procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a Certificate of Merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of Judith W. Cook, M.D. The judgment of non pros will be entered as to the all claims against Defendants Judith W. Cook, M.D. KILCOYNE & NESBITT, LLC BY:vd.? JAMES P. KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorney for Defendants, Judith W. Cook, M.D. Date: ad ?< KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D.# 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA JUDITH W COOK M D CIVIL TERM: 11-4142 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark D. Bonavitacola, attorney for Defendant, Judith W. Cook, M.D., hereby certify that a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim was sent to all counsel of record by first class mail, postage prepaid: Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Attorney for Plaintiff) KILCOYNE & NESBITT, LLC BY: Qz. MARK D. BONAVITACOLA, ESQUIRE Date: ??' to -I I KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. JUDITH W. COOK, M.D. ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 11-4142 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark D. Bonavitacola, counsel for Defendant, Judith W. Cook, M.D., hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Partial Judgment of Non Pros has been forwarded to opposing counsel and unrepresented parties via regular mail, postage prepaid at the addresses listed below Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE JACQUELINE DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Dated: August 23, 2011 Judith W. Cook, M.D. KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 11-4142 JUDITH W. COOK, M.D. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Adam L. Seiferth, Esquire 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 r-.7 r? -a rv t You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. KILCOYNE & NESBITT, LLC BY: 1 h14A JAMES P. KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Judith Cook, M.D. ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. m KILCOYNE & NESBITT, LLC BY: JAMES P. KILCOYNE, ESQUIRE I.D. # 33070 BY: JACQUELINE R. DRYGAS I.D. # 93146 BY: MARK D. BONAVITACOLA I.D. # 307218 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER vs. JUDITH W. COOK, M.D. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, JUDITH COOK, M.D., TO PLAINTIFF'S COMPLAINT Defendant, Judith Cook, M.D., by and through her attorneys, Kilcoyne & Nesbitt, LLC, hereby answers Plaintiff s Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to allow her to form a belief as to the truth of the averments in paragraph 1 of Plaintiffs Complaint, and therefore Defendant demands strict proof thereof at trial, if relevant. 2. Denied as stated. It is admitted that Judith Cook, M.D., is an adult individual who resided in Pennsylvania and has an office located at 800 Poplar Church Road, Camp Hill, Pennsylvania. 3. Denied as stated. It is admitted that Judith Cook, M.D., is a licensed physician with a professional address at 800 Poplar Church Road, Camp Hill, Pennsylvania at all times ATTORNEY FOR DEFENDANT, JUDITH W. COOK, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM: 11-4142 material to the Complaint. 4. Denied as conclusions of law to which no response is required. By way of further response, all allegations of negligence have been dismissed via Non Pros. See time stamped Entry of Partial Non Pros attached hereto as Exhibit "A". 5. Denied as conclusions of law to which no response is required. It is admitted only that a Certificate of Merit has since been filed as to Plaintiffs claims for lack of informed consent was received. 6. Denied. No Certificate of Merit regarding Plaintiffs allegations of medical negligence was filed and partial non-pros has been entered striking all allegations of negligence. See Exhibit "A". 7-34. Denied. The allegations of these paragraphs are denied as conclusions of law to which no response is required and/or are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). COUNT I - LACK OF INFORMED CONSENT LANA K. GLASER v.-JUDITH COOK. M.D 35. Defendant incorporates her responses to paragraphs 1 through 34 inclusive, as if the same were fully set forth herein at length. 36-38. Denied. The allegations of these paragraphs are denied as conclusions of law to which no response is required and/or are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 39. Denied. It is specifically denied that Defendant failed to obtain the informed consent of the Plaintiff. Furthermore, the allegations of paragraph 39, including subparagraphs (a-i), are denied as conclusions of law to which no response is required and/or are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 40-47. Denied. It is specifically denied that Defendant failed to obtain the informed consent of the Plaintiff. Furthermore, the allegations of paragraphs 40-47 are denied as conclusions of law to which no response is required and/or are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant, Judith Cook, M.D., demands judgment in her favor and against Plaintiff, Lana Glaser, together with the costs of suit. COUNT II - PROFESSIONAL NEGLIGENCE LANA K. GLASER v. JUDITH COOK. M.D. 48. Defendant incorporates her responses to paragraphs 1 through 47 inclusive, as if the same were fully set forth herein at length. 49-56. Denied. All allegations of negligence are specifically denied. No further response necessary as partial non-pros has been entered striking all allegations of negligence. See Exhibit "A". WHEREFORE, Defendant, Judith Cook, M.D., demands judgment in her favor and against Plaintiff, Lana Glaser, together with the costs of suit. NEW MATTER 57. At all times material hereto, Defendant's treatment of the Plaintiff was in accordance with accepted standards of medical care at the time and place of the treatment. 58. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 59. Plaintiff's claims are barred by operation of the applicable statute of limitations. 60. If Plaintiff has sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over whom Defendant exercised no control. 61. Plaintiff s claims may be barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act. 42 Pa.C.S.A. Section 7102 et seq. 62. Plaintiff s claims may be barred by the doctrine of assumption of risk. 63. Plaintiffs claims may be barred by the doctrine of superseding and/or intervening cause. 64. Plaintiff gave a fully informed consent to the medical treatment rendered by Defendant. 65. Plaintiffs claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. 66. Plaintiffs claims are subject to, and limited by, the MCare Act of 2003. 67. If there is a judicial determination that Pa.R.C.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14th Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by answering Defendant. 68. Plaintiff s claims are barred by the doctrine of release. WHEREFORE, Defendant, Judith Cook, M.D., demands judgment in her favor and against Plaintiff, Lana Glaser, together with the costs of suit. KILCOYNE & NESBITT, LLC BY: 4? D,, JAMES P. KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Judith Cook, M.D. VERIFICATION Judith W. Cook, M.D. hereby verifies that the facts as set forth in the foregoing Answer and New Matter to Plaintiff's Complaint are true and correct to the best of her knowledge; information and belief.- These statements are made subject to the penalties of 18 Pa. C.S.A. §4904 rolating to unsworn falsifications to authorities. DATED: P9 ? ? 1 EXHIBIT "A" KILCOYNE & NESBITT, LLC ATTORNEY FOR DEFENI%A19T,21 BY: JAMES P. KILCOYNE, ESQUIRE JUDITH W. COOK, M.D. M I.D. # 33070 XM X:0 cC, ?-- BY: JACQUELINE R. DRYGAS -?D 4 o I.D. # 93146 <v a 3 "-+0, ? BY: MARK D. BONAVITACOLA o . I.D. # 307218 5c N r '; 630 W. GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (610) 825-2833 LANA K. GLASER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. CIVIL TERM: 11-4142 JUDITH W. COOK, M.D. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF PARTIAL JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM PURSUANT TO RULE 1042.7 TO THE PROTHONOTARY: Enter partial judgment of non pros in the above-captioned matter against Lana K. Glaser as to only the following claims against Judith W. Cook, M.D.: Professional Negligence I, the undersigned, certify that the Plaintiff named above has asserted professional liability claims against the Defendant named above who is a licensed professional, that no certificate of merit has been filed within the time required by Pa. R.C.P. 1042.3 as to Count II of the Complaint for "Professional Negligence" and that there is no motion to extend the time for filing the certificate pending before the court. A Notice of Intention to Enter Judgment of Non Pros was mailed Plaintiffs' counsel on July 20, 2011 and filed by the Cumberland County Prothonotary July 22, 2011. See attached Notice and Certificate of Service attached as Exhibit "A" KILCOYNE & NESBIT , LLC ,W,,4 bl). &j4.tEEE?_ J . KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Judith W. Cook, M.D. DATE: August 23, 2011 ank? t?u.0' pd a? eKa iqsas F_# :Aoyo71 , ?m 'MO-?.?Q? CERTIFICATE OF SERVICE Mark D. Bonavitacola, Esquire hereby certifies that a true and correct copy of the foregoing Answer and New Matter of Defendant, Judith Cook, M.D., to Plaintiff s Complaint was forwarded by way of United States First Class Mail, postage prepaid, to the following on Wednesday, October 19, 2011: Adam L. Seiferth, Esquire 1011 Mumma Road Suite 201 Lemoyne, PA 17043 KILCOYNE & NESBITT, LLC 2ulaz 0 &,. JAMES P. KILCOYNE, ESQUIRE JACQUELINE R. DRYGAS, ESQUIRE MARK D. BONAVITACOLA, ESQUIRE Attorneys for Defendant, Judith Cook, M.D. A0 Dated: October 2011 f ' CNRTIPICAT8 PREREQUISITE TO SERVICE OF A SUSPOEMA Iftlik PURSUANT TO RULS 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER TERM, CUMBERLAND -VS- CASE NO: 4142-2011 C JUDITH W. COOK, MD FMS W . -r E 2 f n -u i`: As a prerequisite to service of a subpoena for documents and thins x Wf'' g lt�s�uaixt W c to Rule 4009.22 -<_ CO ' `_, C" r Y I MCS on behalf of JAMES P. KILCOYNE, ESQ. U certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behajeC&" Ale DAT E: 04/01/2013 _ S P. KILCOYNE, Q. Pi Attorney for DEFEND ' MCS # 85750-L19 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER TERM, -VS- CASE NO: 4142-2011 JUDITH W. COOK, MD NOTICE OF OTINT TO SERVE A SUBPOENA TO PRODUCE DOC==8 AND TRI 08 FOR DISCOVERY PURSUANT TO RULE 4009.21 HANGER PROSTHETICS & ORTHOTICS MEDICAL RECORDS & BILLING PENN REHAB ASSOCIATES, P.C. MEDICAL RECORDS & BILLING TO: ADAM L. SEIFERTH, ESQ. , PLAINTIFF COUNSEL MCS on behalf of JAMES P. KILCOYNE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/07/2013 )SS on be 1 of VANES P.. ..KILCOYM, ESQ. Attorney for DEFENDANT CC: JAMES P. KILCOYNE, ESQ. - 185-553 THE MCS GROUP INC. ADAM L. SEIFERTH, ESQ. 1601 MARKET STREET CIPRIANI & WERNER #800 1011 MUMMA ROAD PHILADELPHIA, PA 19103 SUITE 201 (215) 246-0900 LEMOYNE, PA 17043 MCS # 85750-CO1 DE02 COMMONALA M,OF PENNSYLVANIA CQUNTY OF C D LANA K.GLASER File No. 4142-2011 VS. JUDITH W.COOK„MD FOR DISCOVERY PURSUANT TO RUU 4M.22 TO: Custodian of Records for HANGER PROmmiCS&ORTHOTICS (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: ****;REF,,ATTACHED R112ER**** at The MCS C==Inc.. 1601 Market Sfttet Suite AM-,Philad in-PA 191 Q; You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek,in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JANES,P.KILCOYNE.ESO, ADDRESS: 630 M=GFA11 ANTOW1y PIKE SUITE 121 PLYMOUTH MEETING-PA 19462 TELEPHONE: (2 5),24 � SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE URT: Prothonotary/Clerk,Civil Division Date: t 201 Deputy Seal of the Court 85750-19 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANGER PROSTHETICS & ORTHOTICS 3514 TRINDLE ROAD CAMP HILL, PA 17011 RE: MCS # 85750-L19 LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7447 Date of Birth: 02-28-1940 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records. including any and all such items as may be stored in a computer database or otherwise in electronic form. Prior a proval is required for fees in excess of$150.00 for hosp=, $100.00 for all other providers. MCS # 85750-L19 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER TERM, CUMBERLAND -VS- CASE NO: 4142-2011 JUDITH W. COOK, MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES P. KILCOYNE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. M 3 on beha DATE: 04/01/2013 f lw'a' S P. KILCOYNE, E Attorney for DEFENDANT MCS # 85750-L20 DE11 COMMONWEALTH OF PENNSYLVANIA CO—MY OF CUMBERLAND LANA K.GLASER File No. 4142-2011 VS. JUDITH W.COOK,MD SUBPOENA TO PRODUCE DOCUMENTS OR TI MGS FOR DISCOVERY PURSUANT TO RULE 400 .22 TO: Custodian of Records for PENN REHAB ASSOCIATES-P.C. (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SIRR ATTACHED RIDER **''• at The M -S CUM Inc.,1dQ1 Madrat street Rnite 200-Phija&Wbift,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek,in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES P.KIIMYNE,LW, ADDRESS: 630 WEST.GERMANTOWN PIKE SUITE 12,E PLYMOUTH MEETING-PA 19462 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: . Defendant BY THE COURT: Prothonotary/Clerk,Civil Division Date: `� Seal of the Court omen nn EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN REHAB ASSOCIATES. P.C. 2151 LINGLESTOWN ROAD SUITE 240 HARRISBURG, PA 17110 RE: MCS # 85750-L20 LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 Social Security #: XXX-XX-7447 Date of Birth: 02-28.1940 Entire medical and billing file. including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes. history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form. Prior_ appproval r�q�ired for fees in excess of$150.00 for hospitals, $100. for all other providers. KS # 85750-L20 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAAI, IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER JUDITH W. COOK, MD TERM, CUMBERLAND -VS- CASE NO: 4142 -2011 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 :7) :a } r-n rn rYt cot— , c. MCS on behalf of JAMES P. KILCOYNE, ESQ.`` C...) 7,7, a .7.!: CD cn (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least' twenty days prior to the date on which the subpoena is sought to be served, 4_ certifies that (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/15/2014 MCS on behalf 111C P. KILCOYNE, ESQ. ney for DEFENDANT MCS # 85750 -L21 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LANA K. GLASER -VS- JUDITH W. COOK, MD COURT OF COMMON PLEAS TERM, CASE NO: 4142-2011 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. SUPRIYO GHOSH MEDICAL, BILLING, AND X-RAY(S) CHINMAY P. PATEL, M.D. MEDICAL RECORDS HANGER PROSTHETICS & ORTHOTICS MEDICAL RECORDS TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES P. KILCOYNE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/24/2014 CC: JAMES P. KILCOYNE, ESQ. ADAM L. SEIFERTH, ESQ. CIPRIANI & WERNER 1011 MUMMA ROAD SUITE 201 LEMOYNE, PA 17043 - 185-553 MCS on behalf of JAMES P. KILCOYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 85750-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LANA K. GLASER vs. JUDITH W. COOK, MD File No 4142-2011 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. SUPRIYO GHOSH (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** The MCS Group, Inc.. 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES P. KILCOYNE. ESQ. ADDRESS: 630 WEST GERMANTOWNYIKE SUITE 121 PLYMOUTH MEETING. PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant - _ Date: ri\PR 15 2014 eal of the Court BY THE COURT: .-741.eL/ .RaL Prothonotary/Clerk, Civil Division 85750-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR: SUPRIYO GHOSH 888 POPLAR CHURCH CAMP HILL, PA 17011 RE: MCS # 85750 -L21 LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 Social Security #: XXX -XX -7447 Date of Birth: 02-28-1940 Please provide updated medical. billing and diagnostic records. including but not limited to any and all inpatient and outpatient records, correspondence to and from the consulting and treating physicians. Including all files, memoranda, handwritten records and notes, history and physical reports. Supply all emergency room records, physical therapy records, medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests. including CAT scans. CT scans, EEGs, EKGs, EMGs, MRIs and x -rays and all corresponding reports or inventories. This should contain all records in your possession all office and admission charts, labs archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING ANY AND ALL RECORDS FROM DR. COOK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 85750 -L21 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER JUDITH W. COOK, MD TERM, CUMBERLAND -VS- CASE NO: 4142-2011 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES P. KILCOYNE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/15/2014 MCS on behalf of JAMES P. KILCOYNE, ESQ. Attorney for DEFENDANT MCS # 85750-L22 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LANA K. GLASER vs. JUDITH W. COOK, MD File No. 4142 -2011 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHINMAY P. PATEL. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES P. KILCOYNE, ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (215) 246 -0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 3/4:0/0/ rAPR 15 2)14 Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Division EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHINMAY P. PATEL, M.D. 2808 OLD POST ROAD PINNACLE HEALTH HARRISBURG, PA 17110 RE: LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 MCS #: 85750 -22 SS #: XXX -XX -7447 DOB: 02/28/1940 DOA: 00 /00 /0000 Please provide entire medical file , for the dates from 01/01/2009 up to and including the present., including but not limited to any and all inpatient and outpatient records, ER records, physical therapy records files, memoranda, handwritten notes, emails, phone messages, history, physical reports, and all prescriptions records. This should contain all records in your possession, all office and admission charts, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. IMPORTANT • Contact MCS for assistance (contact information is above). DO NOT CONTACT THE LAW FIRM. • PRIOR APPROVAL is REQUIRED for fees in excess of $150 for hospitals, and $100 for all other providers. (Do not send records without approval) • Contact MCS with a page count and the amount to be approved. Must be within state fee laws. • Please include your Federal Tax ID Number on all invoices. • FAX RECORDS with this request and completed certification pages to the number above. • If a file is too large to fax, please provide records on CD, or mail paper copies to the address above. • CERTIFICATION PAGE MUST BE SIGNED AND RETURNED to MCS with the requested materials, or indicating there are NO materials. • Refer to MCS # 85750 -22 on all correspondence. • Please feel free to contact the MCS Representative below, directly, for assistance. MCS # 85750 -22 C1 I1 A CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER JUDITH W. COOK, MD TERM, CUMBERLAND -VS- CASE NO: 4142 -2011 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES P. KILCOYNE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/15/2014 MCS on behalf of JAMES P. KILCOYNE, ESQ. Attorney for DEFENDANT MCS # 85750 -L23 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LANA K. GLASER vs. JUDITH W. COOK, MD File No. 4142 -2011 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HANGER PROSTHETICS & ORTHOTICS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER at The MCS Group. Inc . 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES P. KILCOYNE, ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING. PA 19462 TELEPHONE: (215) 246 -0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ao iV (APR 15 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HANGER PROSTHETICS & ORTHOTICS 2108 HARRISBURG PIKE SUITE 308 LANCASTER, PA 17601 RE: LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 MCS#: 85750-23 SS#: XXX-XX-7447 DOB: 02/28/1940 DOA: 00/00/0000 Please provide entire medical file , including but not limited to any and all inpatient and outpatient records, ER records, physical therapy records files, memoranda, handwritten notes, emails, phone messages, history, physical reports, and all prescriptions records. This should contain all records in your possession, all office and admission charts, all archived records, or records in storage. Induding any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING ANY AND ALL RECORDS FROM P. PATEL MD. IMPORTANT • Contact MCS for assistance (contact information is above). DO NOT CONTACT THE LAW FIRM. • PRIOR APPROVAL is REQUIRED for fees in excess of $150 for hospitals, and $100 for all other providers. (Do not send records without approval) • Contact MCS with a page count and the amount to be approved. Must be within state fee laws. • Please include your Federal Tax ID Number on all invoices. • FAX RECORDS with this request and completed certification pages to the number above. • If a file is too large to fax, please provide records on CD, or mail paper copies to the address above. • CERTIFICATION PAGE MUST BE SIGNED AND RETURNED to MCS with the requested materials, or indicating there are NO materials. • Refer to MCS # 85750-23 on all correspondence. • Please feel free to contact the MCS Representative below, directly, for assistance. MCS # 85750-23 C1 11 A CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 flvp i e IN THE MATTER OF: COURT OF COMMON PLEAS LANA K. GLASER JUDITH W. COOK, MD TERM, CUMBERLAND -VS- CASE NO: 4142-2011 C) ho As a prerequisite to service of a subpoena for documents and things p6isuat to Rule 4009.22 MCS on behalf of JAMES P. KILCOYNE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/26/2014 on behalf ES P. KILCO orney for D MCS # 85750-L24 DE 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: LANA K. GLASER -VS- JUDITH W. COOK, MD COURT OF COMMON PLEAS TERM, CASE NO: 4142-2011 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 S. VINCENT PARK, MD MEDICAL RECORDS TO: ADAM L. SEIFERTH, ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES P. KILCOYNE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. DATE: 08/06/2014 CC: JAMES P. KILCOYNE, ESQ. ADAM L. SEIFERTH, ESQ. CIPRIANI & WERNER 1011 MUMMA ROAD SUITE 201 LEMOYNE, PA 17043 - 185-553 MCS on behalf of JAMES P. KILCOYNE, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 85750-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LANA K. GLASER vs. JUDITH W. COOK, MD File No. 4142-2011 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for S. VINCENT PARK, MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES P. KILCOYNE, ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 85750-24 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: S. VINCENT PARK, MD 423 NORTH 21ST STREET STE. 301 CAMP HILL, PA 17011 RE: MCS # 85750-L24 LANA GLASER 1010 APPLE DRIVE MECHANICSBURG, PA 17055 Social Security #: XXX -XX -7447 Date of Birth: 02-28-1940 Please provide entire medical file, including but not limited to any and all inpatient and outpatient records, ER records, physical therapy records files, memoranda, handwritten notes, emails, phone messages, history, physical reports, Laboratory & office/admission charts, and all prescriptions records. This should contain all records in your possession, all office and admission charts, all archived records, or records in storage. Including any and all items as:May be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 85750-L24 SU10