HomeMy WebLinkAbout04-3929
.
LA YSER & FREIWALD, P.C.
By: Aaron J. Freiwald
Attorney LD. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
(215) 875-8000
FERNE CARBO, individually and as
Executrix ofthe Estate of JERRY A. CARBO,
deceased
1058 Main Street
P.O. Box 415
Republic, PA 15475
Plaintiffs,
v.
11 MIN LIU, M.D
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, PA 17043
and
Attorney for Plaintiffs
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
AUGUST TERM, 2004
NO. 01.{ -29).,,9
~~C>tLJ~
JURY TRIAL DEMANDED
CIVIL ACTION - COMPLAINT
[MEDICAL MALPRACTICE 2M]
NOTICE
Yau 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. Vou 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 fOf any money
claimed in the complaint or for any other claim or relief requested
by the plaintiff. Yau may lose money or property or other rights
important to you.
You should take tbis 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, P A 17013
717.249-3166
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, useted tiene
veinte (20) dias de plazo al partir de 1a fecha de la demanda y la
notificacion. Hace flata asentar una comparencia escrita 0 en
persona 0 con un abogado y entregar a la corte en forma escrita sus
defenses 0 sus obJeciones a [as demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previa aviso 0
notificacion. Ademas, \a puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisiones de esta
demanda. Usted puede perer dinero 0 sus propiedades u ostros
derechos importantes para usted.
L1eve esta demanda a un abogado inmediatamente. Si no tiene
abogado 0 si no tiene el dinero suficiente de pagar tal servicio.
Vaya en persona 0 Uame por telefono a la ofieina cuya
dire<:cion se encuentra e5crlta abajo para averiguar donde se
puede consegulr asistencia legal.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
717-249-3166
JOHN D. CONROY, JR., D.O.
Central PA Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
and
CENTRAL PA HEMATOLOGY & ONCOLOGY
ASSOCIATES, P.C.
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
and
HOLY SPIRIT HOSPITAL
503 N. 21" Street
Camp Hill, PA 17011
and
HOLY SPIRIT HEALTH SYSTEM
503 N. 21" Street
Camp Hill, PA 17011
Defendants
lw oY. .3'1..l9 C;;...t /4--
COMPLAINT
1. Plaintiff Feme Carbo is an adult and citizen of the Commonwealth of
Pennsylvania, residing at 1058 Main Street, P.O. Box 415, Republic, PA 15475.
2. Plaintiff Feme Carbo is the Executrix of the Estate of Jerry A. Carbo, deceased.
3. Jerry Carbo was born on February 19,1941 and died on January 19, 2003 at age
61.
4. Feme and Jerry Carbo were married for 41 years.
5. Defendant Li Min Liu, M.D. ("Dr. Liu") is a physician, certified in internal
medicine, who, at all relevant times, maintained professional offices located at 50 N. 12th Street,
Upper Level, Lemoyne, PA 17043.
2
6. Defendant John D. Conroy, Jr., D.O. ("Dr. Conroy") is a physician, certified in
internal medicine and oncology, who, at all relevant times, maintained professional offices
located at 50 N. 12th Street, Upper Level, Lemoyne, PA 17043.
7. Defendant Central PA Hematology & Medical Oncology Associates, P.C.
("Central P A Hematology") is a professional corporation, organized and operating under the laws
of the Commonwealth of Pennsylvania, with professional offices located at 50 N. 12th Street,
Upper Level, Lemoyne, P A 17043.
8. At all relevant times, defendants Dr. Liu and Dr. Conroy were employees, agents,
servants and/or ostensible agents of defendant Central P A Hematology.
9. Defendant Central PA Hematology is indirectly liable for any and all negligent
acts of Dr. Liu and Dr. Conroy.
10. Defendant Holy Spirit Hospital is a corporation or other legal entity, organized
and operating under the laws ofthe Commonwealth of Pennsylvania, that, at all relevant times,
owned and operated a hospital located at 503 N. 21 ,t Street, Camp Hill, P A 17011.
11. Defendant Holy Spirit Health System is a corporation or other legal entity,
organized and operating under the laws ofthe Commonwealth of Pennsylvania, that, at all
relevant times, owned and operated a hospital located at 503 N. 21 st Street, Camp Hill, P A 17011.
12. At all relevant times, defendant Holy Spirit Hospital acted through fue conduct of
its physicians, including but not limited to Dr. Liu and Dr. Conroy, as well as physician
assistants, chemotherapy technicians, nurses and other staff in rendering medical care and
treatment to patients such as Jerry Carbo.
3
13. At all relevant times, defendant Dr. Liu and Dr. Conroy were agents, servants,
employees and/or ostensible agents of defendants Holy Spirit Hospital and/or Holy Spirit Health
System.
14. Defendants Holy Spirit Hospital and/or Holy Spirit Health System are indirectly
liable for any and all negligent acts on the part of Dr. Liu and Dr. Conroy.
15. On or about July 3, 2002, Mr. Carbo was diagnosed with adenocarcinoma of the
pancreas.
16. At the time of the diagnosis, Mr. Carbo's lesion was approximately 1 Cill. in size,
which was thought to be relatively small.
17. Mr. Carbo came under the care of Gregory J. Gagnon, M.D., a radiation oncologist
at Georgetown University Hospital who specializes in stereotactic radiosurgery.
18. Dr. Gagnon recommended a chemotherapy-radiation therapy regimen to be
followed by radiosurgical treatment of the primary tumor.
19. The chemoradiation protocol outlined by Dr. Gagnon was to be administered by
defendants Dr. Liu, Dr. Conroy and Central PA Hematology.
20. Concurrent with the chemotherapy regimen, Dr. Liu and Dr. Conroy were also to
coordinate the radiation therapy, which was to be performed by a local radiation oncologist.
21. The chemo-radiation protocol was initiated on August 11,2002 under the
direction of Dr. Liu.
22. The chemo-radiation therapy lasted approximately five weeks and concluded on
September 13, 2002.
4
23. Dr. Liu, Dr. Conroy and Central PA Hematology had a duty to follow the protocol
for the chemo-radiation treatment.
24. Dr. Liu, Dr. Conroy and Central P A Hematology did not follow the protocol set
forth by Dr. Gagnon.
25. The failure to follow Dr. Gagnon's protocol led Mr. Carbo to take chemotherapy
agents, namely Xeloda, that were rendered in-effective.
26. The failure to follow Dr. Gagnon's protocol led to the radiation therapy being
ineffective.
27. The failure to follow Dr. Gagnon's protocol increased the probability of Mr.
Carbo's pancreatic cancer spreading and becoming incurable.
28. In late September 2003 , Mr. Carbo underwent radiosurgery performed by Dr.
Gagnon at Georgetown University Hospital.
29. Dr. Gagnon indicated to Mr. Carbo and his family following the radiosurgery that
the therapy had been successful in eradicating the primary tumor.
30. Repeat PET scans and CAT scans performed in early December 2002 showed
metastasis of Mr. Carbo's pancreatic cancer to the liver and possibly to the lungs.
31. Mr. Carbo saw Dr. Liu on December 19, 2002, at which time Dr. Liu
recommended only palliative therapy.
32. On January 7,2003, Mr. Carbo was admitted to Holy Spirit Hospital, at which
time his condition was considered terminal.
5
33. At the time of his admission to Holy Spirit Hospital, Mr. Carbo was given only a
couple of weeks to live.
34. On January 15, 2003, Dr. Comoy entered Mr. Carbo's room and verbally abused
and assaulted him.
35. Dr. Comoy told Mr. Carbo, in front of his wife, son and daughters, "your lungs are
full of cancer, your liver is shutting down, next will be your kidneys and then you will die."
36. Mr. Carbo was physically and emotionally distressed, as was his family, by the
rough and rude treatment of Dr. Comoy.
37. Mr. Carbo died on January 19, 2003.
38. As a result of the negligence of defendants, plaintiff Jerry Carbo was denied a
substantial probability for cure from his pancreatic cancer as well as the following injuries and
losses:
a) loss of opportunity of cure;
b) diminished life expectancy;
c) physical pain and suffering;
d) mental anguish;
e) embarrassment;
t) humiliation;
g) loss of life's pleasures; and
h) loss of future earnings.
6
FIRST CAUSE OF ACTION: WRONGFUL DEATH ACT
Plaintiff Ferne Carbo, Executrix of the Estate of
Jerrv A. Carbo v. All Defendants
39. The preceding paragraphs are incorporated here by reference as though set forth in
their entirety.
40. Feme Carbo, Executrix of the Estate of Jerry A. Carbo, brings this action on
behalfthe beneficiaries under and by virtue of the Wrongful Death Act, 42 Pac C.S.A. S 8301,
and the applicable Rules of Civil Procedure and decisional law.
41. As a result of the negligent acts and omissions of defendants, Jerry A. Carbo was
caused grave injuries and death resulting in the entitlement to damages to the Estate of Jerry A.
Carbo, Deceased.
42. Feme Carbo, Executrix of the Estate of Jerry A. Carbo, claims all executor's
expenses recoverable under the Wrongful Death Act, including, but not limited to, damages for
hospital, medical, funeral and burial expenses and all expenses of administration made necessary
because of Jerry A. Carbo's death.
43. The Wrongful Death Act beneficiary is:
a. Feme Carbo, spouse
44. On behalf of the Wrongful Death beneficiaries, the executrix claims damages for
monetary support that decedent would have provided to the beneficiaries during their lifetime,
including, but not limited to, the support provided or which could have been expected to have
been provided to the beneficiaries.
7
45. On behalf of the Wrongful Death Act beneficiaries, the Executrix claims damages
for loss of companionship, comfort, society, guidance, solace, and protection by the decedent.
46. On behalf of the Wrongful Death beneficiaries, the Executrix claims damages for
the full damages allowed under the Wrongful Death Act of Pennsylvania and decisional law
interpreting that Act.
WHEREFORE, plaintiff demands damages against defendants, jointly and severally, in an
amount in excess of $50,000, and in excess of the prevailing arbitration limits under the
Wrongful death Act, exclusive of pre-judgment interest, post-judgment interest and costs.
SECOND CAUSE OF ACTION: SURVIVAL ACT
Ferne Carbo, Executrix
of the Estate of Jerry A. Carbo v. All Defendants
47. The previous paragraphs are incorporated here by reference.
48. Feme Carbo, Executrix of the Estate of Jerry A. Carbo, brings this Survival
Action on behalf of the Estate of Jerry A. Carbo, under and by virtue of 42 Pa. C.S.A. !i 8302 and
the applicable Rules of Civil Procedure and decisional law.
49. On behalf ofthe Survival Act beneficiaries, the Executrix claims loss of earnings
and economic loss of decedent's estate, including, but not limited to Jerry A. Carbo's total
estimated future earnings less the cost of his personal maintenance.
50. On behalf ofthe Survival Act beneficiaries, the Executrix claims a1110ss of
income, retirement, and Social Security income as a result of Jerry A. Carbo's death.
8
51. On behalf of the Survival Act beneficiaries, the Executrix claims damages for the
pain, suffering, and inconvenience endured by Jerry A. Carbo prior to his death, including, but
not limited to his physical pain and suffering and mental pain and suffering.
52. Plaintiff claims the full measure of damages under the Survival Act and decisional
law interpreting the Act.
WHEREFORE, plaintiff demands damages against defendants, jointly and severally, in an
amount in excess of the prevailing arbitration limits under the Survival Act, exclusive of pre-
judgment interest, post-judgment interest and costs.
COUNT I: NEGLIGENCE
Ferne Carbo, Executrix oftbe
Plaintiffs v. Defendants, Li Min Liu, M.D. and
Central PA Hematoloe)' & Oncolo\:y Associates. P.C.
53. The preceding paragraphs are incorporated by reference as though set forth in their
entirety.
54. The negligence of Dr. Liu and Central PA Hematology included the following:
a. negligent chemoradiation for treatment of Mr. Carbo's pancreatic cancer;
b. negligent administration of chemotherapy to Mr. Carbo;
c. failure to follow the specific terms of the protocol for the administration of
Xeloda;
d. failure to schedule radiation tiJerapy consistent with the timing
requirements set forth in the chemoradiation protocol provided by Dr. Gagnon;
9
e. failure to monitor Mr. Carbo routinely during his chemoradiation therapy
by performing liver flmction tests and other blood work;
f. failure to give proper instructions to Mr. Carbo regarding the ingesting of
chemotherapy medications, including Xeloda, and the timing of the radiation component ofthe
therapy;
g. failure to perform serial tumor marker test for pancreatic cancer;
h. failure to recommend alternative therapy with the nontoxic biological
response modifier, Virulizin;
L failure to take prompt and timely notice of elevated liver function tests,
once the tests were performed;
J. failure to take all reasonable and necessary steps to prevent the spread of
Mr. Cabro's pancreatic cancer;
k. failure to consider and recommend other therapies to treat Mr. Carbo's
condition such as radio-frequency ablation, chemo-embolization, and other treatments for the
early spread of cancer to the liver;
1. failure to prescribe pancreatic enzymes;
m. failure to take prompt action in response to the development of liver
metastasis once that was recognized in December of 2002;
n. inappropriate and inaccurate administration of the Gemzar during
hospitalization at Holy Spirit Hospital;
o. failure to take all reasonable and necessary steps to treat Mr. Carbo's liver
metastasis once they were discovered in December of 2002; and
10
p. failure to supervise nurses, technicians and other physicians involved in
Mr. Carbo's current treatment.
55. The negligence of Dr. Liu and Dr. Conroy was a substantial factor in causing harm
to plaintiff Jerry A. Carbo.
56. Defendant Central P A Hematology is indirectly liable for the negligent acts and
omissions of Dr. Liu.
57. Defendant Holy Spirit Hospital and/or Holy Spirit Health System are also
indirectly liable for negligent acts and omissions of Dr. Liu.
COUNT II: NEGLIGENCE
Feme Carbo, Executrix ofthe Estate of
Jerry A. Carbo v. John D. Conroy, Jr., D.O. and
Central PA Hematolol:Y & Oncoloev Associates. P.C.
58. The preceding paragraphs are incorporated by reference as though set forth in their
entirety.
59. The negligence of Dr. Conroy and Central PA Hematology included the following:
a. negligent chemoradiation for treatment of Mr. Carbo's pancreatic cancer;
b. negligent administration of chemotherapy to Mr. Carbo;
c. failure to follow the specific terms ofthe protocol for the administration of
Xeloda;
d. failure to schedule radiation therapy consistent with the timing
requirements set forth in the chemoradiation protocol provided by Dr. Gagnon;
e. failure to monitor Mr. Carbo routinely during his chemoradiation therapy
by performing liver function tests and other blood work;
11
f. failure to give proper instructions to Mr. Carbo regarding the ingesting of
chemotherapy medications, including Xeloda, and the timing of the radiation component ofthe
therapy;
g. failure to perform serial tumor marker test for pancreatic cancer;
h. failure to recommend alternative therapy with the nontoxic biological
response modifier, Virulizin;
1. failure to take prompt and timely notice of elevated liver function tests,
once the tests were performed;
J. failure to take all reasonable and necessary steps to prevent the spread of
Mr. Cabro's pancreatic cancer;
k. failure to consider and recommend other therapies to treat Mr. Carbo's
condition such as radio-frequency ablation, chemo-embolization, and other treatments for the
early spread of cancer to the liver;
I. failure to prescribe pancreatic enzymes;
m. failure to take prompt action in response to the development ofliver
metastasis once that was recognized in December of 2002;
n. inappropriate and inaccurate administration of the Gemzar during
hospitalization at Holy Spirit Hospital;
o. failure to take all reasonable and necessary steps to treat Mr. Carbo's liver
metastasis once they were discovered in December of 2002; and
p. failure to supervise nurses, technicians and other physicians involved in
Mr. Carbo's current treatment.
12
60. The negligence of Dr. Liu and Dr. Conroy was a substantial factor in causing harm
to plaintiff Jerry A. Carbo.
61. Defendant Central P A Hematology is indirectly liable for the negligent acts and
omissions of Dr. Conroy.
62. Defendant Holy Spirit Hospital and/or Holy Spirit Health System are also
indirectly liable for negligent acts and omissions of Dr. Conroy.
COUNT III: NEGLIGENCE
Feme Carbo, Executrix of the Estate of
Jerry A. Carbo v. Holy Spirit Hospital and
Holv SDirit Health System
63. The preceding paragraphs are incorporated by reference as though set forth in their
entirety.
64. Defendants Dr. Liu and Dr. Conroy, at all relevant times, were agents, servants,
and employees and/or ostensible agents of defendant Holy Spirit Hospital.
65. Defendant Holy Spirit Hospital is indirectly liable for negligent acts and omissions
of Dr. Liu and Dr. Conroy.
COUNT IV: Intentional Infliction of
Emotional Distress
Feme Carbo, Executrix of the Estate of
Jerry A. Carbo v. John D. Conroy. Jr.. D.O.
66. The preceding paragraphs are incorporated by reference as though set forth in
their entirety.
67. On January 15, 2003, plaintiff Jerry A. Carbo was an in-patient at Holy Spirit
Hospital.
13
68. On January 15, 2003, Dr. Conroy entered plaintiffs hospital room and
proceeded to verbally abuse Mr. Carbo in the presence of his wife, son and daughters.
69. Dr Conroy made false statements to Mr. Carbo's suggesting that he himself
was responsible for his critical condition with regard to the cancer.
70. Dr. Conroy stated that he planned to give Mr. Carbo an experimental
medication, Virulizin, but that Mr. Carbo would not be alive long enough for the medication
to have any effect.
71. When Dr. Conroy was asked to leave the room, as Mr. Carbo became
increasingly upset, Dr. Conroy stated "I am the chief and I can say whatever I want."
72. Mr. Carbo was visibly upset by the harsh words and treatment of Dr. Conroy.
73. A nurse, who had witnessed the encounter with Dr. Conroy, afterwards ran
from the room and was later seen crying at her desk. She later told members of tiJe Carbo
family that she was crying because she was upset at the way Dr. Conroy had treated Mr.
Carbo.
74. The following day, Dr. Liu, who had also been presented during the encounter
with Dr. Conroy, tried to reassure Mr. Carbo and his family, saying, "Ignore what the doctor
told you yesterday," referring to Dr. Conroy.
75. At other points during Mr. Carbo's hospitalization at Holy Spirit Hospital, Dr.
Conroy threatened Mr. Carbo, in the presence of his family, that he would stop treatment of
Mr. Carbo and allow him to die.
14
76. UndeT the circumstances, the harsh words and confrontational manner
exhibited by DY. Conroy constituted a verbal abuse, announcing to an intentional infliction of
emotional distress.
77. Mr. Carbo was visibly shaking and upset during and following the encounter
with Dr. Conroy.
78. Following the encounter with Dr. Conroy, Mr. Carbo exhibited physical
manifestation of mental anguish, directly resulting from the verbal abuse and harsh treatment
of Dr. Conroy.
WHEREFORE, plaintiff Feme Carbo, Executrix ofthe Estate of Jerry Carbo,
respectfully demand judgment against defendants individually, jointly, and severally for sums
in excess of the local arbitration limits and in excess of Fifty Thousand Dollars ($50,000.00)
exclusive of costs, pre-judgment interest, and post'judgment inteTest.
BY:
LAYSER & FREIWALD, P.c.
~k~~ESQUmE
Counsel for Plaintiffs
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Dated:
ct,\t.\0'\
15
VERIFICATION
FERNE CARBO, individually and as Executrix of the Estate of JERRY A. CARBO,
deceased, hereby verify that the facts set forth in the foregoing Civil Action Complaint are true
and correct to the best of our knowledge, information and belief. The undersigned understand
that false statements herein made are subject to the penalties of 18 Pac C.S. Section 4904 relating
to unsworn falsification to authorities.
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FERNE CARBO
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LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney I.D. No. 78028
1500 Walnut Street, 18" Floor
Pln1ade1phia, P A 19102
(215) 875-8000
FERNE CARBO, individually ofthe
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Plaintiffs
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
AUGUST TERM, 2004
NO. 043829
{)'1-3f'~9
LI MIN LID, M.D., et al.
Defendants
PRAECIPE TO ATTACH VERIF'ICATION
TO THE PROTHONOTARY:
Please attach the original Verification to the Complaint.
By:
L'7\ER &.F~EIWALD, P.C.
~\.A
AARON 1. FREJlW ALD, ESQUIRE
DATED: ~\~
VERIFICATION
FERNE CARBO, individually and as Executrix of the Estate of JERRY A. CARBO,
deceased, hereby verifY that the facts set forth in the foregoing Civil Action Complaint are true
and correct to the best of our knowledge, information and belief. The undersigned understand
that false statements herein made are subject to the penalties of 18 Pac C.S. Section 4904 relating
to unsworn falsification to authorities.
~tf~ (2~/~
FERNE CARBO
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certifY that service of a true and correct
copy of Plaintiffs' Praecipe to Attach Verification to the Complaint was served upon the
following on this date, via United State First Class Mail, Postage Prepaid, as follows:
Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, PA 17043
John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, PAl 7043
Central P A Hematology & Oncology
Associates, P.C.
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
Holy Spirit Hospital
503 N. 21st Street
Camp Hill, PA 17011
Holy Spirit Health System
503 N. 21 st Street
Camp Hill, PA 17011
DATED: ~\\~
& FREIWALD, P.C.
By:
AAR J. FREIW ALl!), bSQUIRE
Attorney for Plaintiffs
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THOMAS. THOMAS & HAFER, LLP
305 North FronI SIreel
P.O. Box 999
Harrisburg. PA 17108
Sarah W. Araself, EsqUire
Attorney I.D, 58797
717.255.7231
sarosel/@tthlaw.com
Attorneys for Defendants Li Min Liu, M.D., John D. Conroy. Jr.,
M.D. and Cenlral P. HernaIology & Oncology
FERNE CARBO, Individually and as Executrix of:
the Estate of JERRY A. CARBO, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYl \I ANIA
v
NO. 2004-3929
LI MIN L1U, M.D., JOHN D. CONROY, JR., D.O.,: CIVil ACTION _ lAW
CENTRAL PA HEMATOLOGY AND MEDICAL . JURY TRIAL DEMANDED
ONCOLOGY ASSOCIATES, P.C., HOLY SPIRIT:
HOSPITAL and HOLY SPIRIT HEALTH : MEDICAL MALPRACTICE
SYSTEM,
Defendants
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as attorneys for Defendants Li Min Liu,
M.D., John D. Conroy, Jr., D.O. and Central PA Hematology and Medical Oncology Associates
in the above matter.
Respectfully submitted,
DATE: r/i'Y
THOMAS, THOMAS l~ HAFER, LLP
By: ~~/au4td
Sarah W. Arosell, Esquire
I.D.#58797
305 North Front Stre,et
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7231
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy, Jr., M.D. and Central Pac Hematology &
Oncology
308852-1
CERTIFICATE OF SERVICE
I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of
the foregoing document on the following person by placin9 same in the United States mail,
postage prepaid, on the I) day of OrJ----: 2004:
Aaron Freiwald, Esquire
LAYSER & FREIWALD, P.C.
1500 Walnut Street, 18'h Floor
Philadelphia, PA 19102
Holy Spirit Hospital
Holy Spirit Health System
503 North 21 sl Street
Camp Hill, PA 17011
THOMAS, THOMAS & HlAFER, LLP
By:
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Sarah W. Arosell, Esquire
308852,1
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FERNE CARBO, individually and as
Executrix of the Estate of JERRY A.
CARBO, deceased,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 04-3929 CIVIL
LlMIN LlU, M.D.; JOHN D. CONROY,
JR., D.O.; CENTRAL PA HEMATOLOGY
& ONCOLOGY ADSSOCIATES, P.C.;
HOLY SPIRIT HOSPITAL; HOLY
SPIRIT HEALTH SYSTEM.
CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M.
Chairs, Esquire on behalf of Defendants, Holy Spirit Hospital and Holy Spirit Health
Systems with respect to the above-captioned matter.
Respectfully submitte:d,
DICKIE, MCCAMEY & CHILCOTE, P.C.
Date: September 1,2004
r is E. Marshall, Jr., Esqui
upreme Court I. D. #2759
Thomas M. Chairs, Esquire
Supreme Court I. D. #78565
1200 Camp Hill Bypass
Suite 205
CampHiII,PA 17011-3700
(717) 731-4800
Attorneys for Defendants, Holy Spirit Hospital
and Holy Spirit Health Systems
CERTIFICATE OF SERVICE
I, Francis E. Marshall, Jr., Esquire, hereby certify that I am this day serving a copy of the
foregoing document Upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as fbllows:
Aaron J. Freiwald, Esquire
LA YSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
(Counsel for Plaintijft, F erne Carbo, Individually and as Executrix of the
Estate of Jerry A. Carbo)
Sarah W. Arosell, Esquire
305 North Front Street
Harrisburg, PA 17101
(Counsel for Li Min Liu, MD., Johy D. Conroy, Jr., D.o. and Central P A Hematology &
Oncology Associates, p. C)
By;
~y & CHILCOTE, P.C.
L~
Dated: September 1, 2004
's E. Marshall, Jr., Es
reme Court. I.D. #275 ~
Thomas M. Chairs, Esq re
Supreme Court I.D. #7 565
1200 Camp Hill' Bypass
Suite 205
Camp HilI, P A 17011
Counsel to Defendants Holy Spirit Hospital and
Holy Spirit Health System
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
LIU LI MIN MD
was served upon
the
DEFENDANT
, at 1455:00 HOURS, on the 11th day of August
, 2004
at 50 N 12TH STREET
LEMOYNE, PA 17043
JOYCE MCCORKEL, PRACTICE
UPPER LEVEL
by handing to
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.84
.00
10.00
.00
39.84
Sworn and Subscribed to before
me this J~ day of
~.J:h...L c/tnJ Y A. D .
i'/ "-1-<-' Q >rt.< if...., tflAH
'-- I'-'Ilrothonotary ) r I
So Answers:
.~~~
R. Thomas Kline
08/12/2004
LAYSER & FREI:.AA~L
By:~~rA r/
Deputy S~
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
CONROY JOHN D JR DO
was served upon
the
DEFENDANT
, at 1455:00 HOURS, on the 11th day of August
2004
at CENTRAL PA HEMATOLOGY & ONCOLO 50 N 12TH STREET UPPER LEVEL
LEMOYNE, PA 17043
JOYCE MCCORKEL, PRACTICE
by handing to
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this Iff day of
~.-/ ,}()-oLf A.D.
OL. (2. ~~
- /~tho~otary ,
So Answers:
~/?-"?,,, .' ~~
~ ~~~...?":",,~~;,,t4_ ,/ __~~
f "...- -:/ .
R. Thomas Kline
08/12/2004
LAYSER & FREIWALD
By: ~ ,/)
~ 'Deput] Sh
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CENTRAL PA HEMATOLOGY & ONCOLOGY
the
DEFENDANT
, at 1455:00 HOURS, on the 11th day of August
, 2004
at 50 N 12TH STREET
UPPER LEVEL
LEMOYNE, PA 17043
by handing to
JOYCE MCCORKEL, PRACTICE
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
.r~~
R. Thomas Kline
08/12/2004
LAYSER & FREIWALD
Sworn and Subscribed to before
By:
"
me this /.AI- day of
~/i~ > ~'f A.D.
~#--Q~~
Prothonotary I
SHERIFF'S RETURN -- REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERl,AND
CARBO FERNE ET Al,
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
HOLY SPIRIT HOSPITAL
was served upon
the
DEFENDANT
, at 1430:00 HOURS, on the 11th day of August
2004
at 503 N 21ST STREET
CAMP HILL, PA 17011
DONNA HOTHAM, ADMINISTRATIVE
by handing to
SECRETARY, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
11.10
.00
10.00
.00
27.10
Sworn and Subscribed to before
me this /~ day of
~ QLfhJ'{ A.D.
r! ~ C>. InA.i~ ~
~othonotary .
So Answers:
,-,-',/) ./1'" b'~
r-...~ .~~~..Jr;'"~t>'"'!':d<{~.. .'-,-' J!:.~...,' _A
~~;,;;,- ' . ' -.' ,.... ~,.-~
/
R. Thomas Kline
08/12/2004
LAYSER & FREIWALD
BY:~
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERlAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
HOLY SPIRIT HEALTH SYSTEM
the
DEFENDANT
, at 1430:00 HOURS, on the 11th day of Auqust
, 2004
at 503 N 21ST STREET
CAMP HILL, PA 17011
DONNA HOTHAM, ADMINISTRATIVE
by handing to
SECRETARY, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this I if- day of
~ .;lur;'f A.D.
C} - a /k..d.-,,~
;~onotary
So Answers:
-r~~
R. Thomas Kline
08/12/2004
LAYSER & FREIWALD
By: -7#5---
/ Deputy She lff
=-------
LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney J.D. No. 78028
1500 Walnut Street, 18" Floor
Philadelphia, P A 19102
(215) 875-8000
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
Defendants
AUGUST TERM, 2004
NO. 043829
01.{- ;~9).9
v.
LI MIN LID, M.D., et al.
AFFIDAVIT OF SERVICE
I, Aaron J. Freiwald, Esquire, attorney for plaintiff in the above matter, being duly sworn,
deposes and says as follows:
1. On August 9, 2004, I forwarded a copy ofthe Complaint to the Sheriffs Office of
Cumberland County to be served upon defendant Holy Spirit Health System located at 503 N.
21" Street, Camp Hill, P A 17011. See letter attached as Exhibit "A".
2. My office has received the Sheriffs Return of Service which indicates receipt of
the Complaint by Donna Hotham, Administrative Secretary, Adult in Charge on August 11,
2004. See return of service attached as Exhibit "B".
3. All of the above is true and correct to the best of my knowledge, information and
belief.
By:
& F~lEIW ALD, P.c.
I~
o . REIW ALD, ESQUIRE
Attorney for Plaintiffs
DATED:~~
LAYSER & FREIWALD, P.C.
ATTORNEYS AT LAW
Aaron J. Freiwald
August 9, 2004
Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Jerry Carbo, deceased
Dear SirlMadam:
Enclosed are five time-stamped copies of the Complaint in the above matter along with
this firm's draft in the amount of$150.00 made payable to the Sheriff of Cumberland County.
Please serve the Complaints on the defendants as follows:
1. Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
2. John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
3. Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
4. Holy Spirit Hospital
503 N. 21" Street
Camp Hill, PA 17011
5. Holy Spirit Health System
503 N. 21" Street
Camp Hill, P A 17011
1500 Walnut Street. Eighteenth Floor. Philadelphia, PA 19102 . Tel: 215.875-8000 . Fox: 215-875-8575 . ojf@layserfreiwold.com
LA YSER & FREIWALD, P.C.
Sheriff of Cumberland County
August 6, 2004
Page 2
Thank you for your time and attention to this matter and, if you have any comments or
questions, please do not hesitate to contact me.
AARON J. FREI\\1ALD
AJF:rav
Enclosures
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOLY SPIRIT HEALTH SYSTEM
the
DEFENDANT
, at 1430:00 HOURS, on the 11th day of Auqust
2004
at 503 N 21ST STREET
CAMP HILL, PA 17011
by hacnding to
DONNA HOTHAM, ADMINISTRATIVE
SECRETARY, ADUI,T IN CHARGE
a true and attested copy of COMPLAINT & NOTICE'
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r"~~~
R. Thomas Kline
day of
08/12/2004
LAYSER & FREIWAI,D
By: ~~ ~
V_-, ,~
Deputy She ~ff
Sworn and Subscribed to before
me this
A.D.
Prothonotary
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LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney J.D. No. 78028
1500 Walnut Street, 18w Floor
Philadelphia, PA 19102
(215) 875-8000
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Plaintiffs
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
AUGUST TERM, 2004
v.
NO.
043829
~ - 39")..1
LI MIN LID, M.D., et al.
Defendants
AFFIDAVIT OF SERVICE
I, Aaron J. Freiwald, Esquire, attorney for plaintiff in the above matter, being duly sworn,
deposes and says as follows:
1. On August 9, 2004, I forwarded a copy of the Complaint to the Sheriff s Office of
Cumberland County to be served upon defendant Holy Spirit Hospital located at 503 N. 21 'I
Street, Camp Hill, PA 17011. See letter attached as Exhibit "A".
2. My office has received the Sheriffs Return of Serviee which indicates receipt of
the Complaint by Donna Hotham, Administrative Secretary, Adult in Charge on August 11,
2004. See return of service attached as Exhibit "B".
3. All of the above is true and correct to the best of my knowledge, information and
belief.
By:
DATE~~\)(-'\
LAYSER & FREIWALD, P.C.
ATTORNEYS AT LAW
Aaran J. Freiwald
August 9, 2004
Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Jerry Carbo, deceased
Dear Sir/Madam:
Enclosed are five time-stamped copies of the Complaint in the above matter along with
this firm's draft in the amount of$150.00 made payable to the Sheriff of Cumberland County.
Please serve the Complaints on the defendants as follows:
1. Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
2. John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
3. Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
4. Holy Spirit Hospital
503 N. 21" Street
Camp Hill, PA 17011
5. Holy Spirit Health System
503 N. 21" Street
Camp Hill, P A 17011
1500 Walnut Street. Eighteenth Floor. Philadelphia, PA 19102 . Tel: 215-875-8000 . fox: 215-875-8575 . ojf@loyserfreiwold.com
LAYSER & FREIWALD, P.C.
Sheriff of Cumberland County
August 6, 2004
Page 2
Thank you for your time and attention to this matter and, if you have any comments or
questions, please do not hesitate to contact me.
AARON J. FREJliVALD
AJF:rav
Enclosures
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOLY SPIRIT HOSPITAL
the
DEFENDANT
, at 1430:00 HOURS, on the 11th day of August
, 2004
at 503 N 21ST STREET
CAMP HILL, PA 17011
by handing to
DONNA HOTHAM, ADMINISTRATIVE
SECRETARY, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
11.10
.00
10.00
.00
27.10
So Answers:
/'". ,,"" ,,1',/,..8
,_~P--r /._t' ~ -7"'__
r ;:'p':~;"~;i'~~-<':l"~.:.i~
R. Thomas Kline
me this
day of
08/12/2004
LAYSER & FREIWALD
By: --#J_
~~
Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
\,~
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t:",;)
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-.r.; CI'"
1'~~
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LA YSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esqnire
Attorney l.D. No. 78028
1500 Walnut Street, 18'" Floor
Philadelphia, PA 19102
(215) 875-8000
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Plaintiffs
Attorney for P1..intiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
AUGUST TERM, 2004
v.
NO.
043829
Oi..l- 3 'l2.'1
LI MIN LID, M.D., et al.
Defendants
AFFIDAVIT OF SERVICE
I, Aaron J. Freiwald, Esquire, attorney for plaintiff in the above matter, being duly sworn,
deposes and says as follows:
1. On August 9, 2004, I forwarded a copy of the Complaint to the Sheriff s Office of
Cumberland County to be served upon defendant Central P A Hematology & Oncology located at
50 N. 12th Street, Upper Level, Lemoyne, PA 17043. See letter attached as Exhibit "A".
2. My office has received the Sheriff's Return of Service which indicates receipt of
the Complaint by Joyce McCorkel, Practice Manager, Adult in Charge on August 11, 2004. See
return of service attached as Exhibit "B".
3. All of the above is true and correct to the best of my knowledge, information and
belief.
By:
Lr\RZWALD' P.c.
~ J. FREIWALD, ESQUIRE
Attorney for Plaintiffs
DATED:~~
LAYSER & FREIWALD, P.C.
ATTORNEYS AT LAW
Aaran J. Freiwald
August 9, 2004
Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Jerry Carbo, deceased
Dear Sir/Madarn:
Enclosed are five time-stamped copies of the Complaint in the above matter along with
this firm's draft in the amount of $150.00 made payable to tile Sheriff of Cumberland County.
Please serve the Complaints on the defendants as follows:
1. Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
2. John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
3. Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
1emoyne, P A 17043
4. Holy Spirit Hospital
503 N. 21" Street
Camp Hill, P A 17011
5. Holy Spirit Health System
503 N. 21" Street
Camp Hill, PA 17011
1500 Wolnut StlO.t . Eighteenth Floor. Philod.lphio. PA 19102 . Tel: 215,875,8000 . Fox: 215-875'8575 . nlf@loyserIlOiwold.(O
.
LA YSER & FREIWALD, P.c.
Sheriff of Cumberland County
August 6, 2004
Page 2
Thank you for your time and attention to this matter and, if you have any comments or
questions, please do not hesitate to contact me.
AARON J. FREIWALD
AJF:rav
Enclosures
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CENTRAL PA HEMATOLOGY & ONCOLOGY
the
DEFENDANT
, at 1455:00 HOURS, on the 11th day of Auqust
, 2004
at 50 N 12TH STREET
UPPER LEVEL
LEMOYNE, PA 17043
by handing to
JOYCE MCCORKEL, PRACTICE
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answe:cs:
6.00
.00
.00
10.00
.00
.
16.00
r~~
R. Thomas Kline
Sworn and Subscribed to before
08/12/2004
LAYSE:y: FRE~~c<
me this
day of
A.D.
Prothonotary
(J f'''''
C_"~
, ,
.J:.-
_I:.'"
,. .,
C:
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1" :-
-,j
c ...,
~
LA YSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney I.D. No. 78028
1500 Walnut Street, 18'" Floor
Philadelphia, PA 19102
(215) 875,8000
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO.
043829
11 MIN LIU, M.D., et al.
011- a't:2.9
Defendants
AFFIDAVIT OF SERVICE
I, Aaron J. Freiwald, Esquire, attorney for plaintiff in the above matter, being duly sworn,
deposes and says as follows:
1. On August 9,2004, I forwarded a copy of the Complaint to the Sheriffs Office of
Cumberland County to be served upon defendant John D. Comoy, Jr., D.O. located at Central
P A Hematology & Oncology, 50 N. 12th Street, Upper Level, Lemoyne, PA 17043. Seeletter
attached as Exhibit "A".
2. My office has received the Sheriffs Return of Service which indicates receipt of
the Complaint by Joyce McCorkel, Practice Manager, Adult in Charge on August 11, 2004. See
return of service attached as Exhibit "B".
3. All ofthe above is true and correct to the best of my knowledge, information and
belief.
By:
LAYSER & FREIWALD, P.c.
(;1Al~ .'~
~FREIWALD~SQUlRE
Attorney for Plaintiffs
DATED~~
LAYSER & FREIWALD, P.C.
ATTORNEYS AT LAW
Aafan J. Freiwald
August 9, 2004
Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Jerry Carbo, deceased
Dear Sir/Madam:
Enclosed are five time-stamped copies of the Complaint in the above matter along with
this firrn's draft in the amount of $150.00 made payable to the Sheriff of Cumberland County.
Please serve the Complaints on the defendants as follows:
1. Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
2. John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, PA 17043
3. Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A 17043
4. Holy Spirit Hospital
503 N. 21" Street
Camp Hill, P A 17011
5. Holy Spirit Health System
503 N. 21" Street
Camp Hill, PA 17011
1500 W.lnut 5"ee' . Eighteenth fl.or . Phil.d.lphi.. P~ 19102 . TeI:215-B75-BOOO . fox: 215'B75.B575 . .if@l.ysorfreiw.ld.co
LAYSER & FREIWALD, P.C.
Sheriff of Cumberland County
August 6, 2004
Page 2
Thank you for your time and attention to this matter and, if you have any comments or
questions, please do not hesitate to contact me.
AARON J. FREI\VALD
AJF:rav
Enclosures
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CONROY JOHN D JR DO
the
DEFENDANT
, at 1455:00 HOURS, on the 11t]~ day of Auqust
, 2004
at CENTRAL PAHEMATOLOGY & ONCOLO 50 N 12TH STREET UPPER LEVEL
LEMOYNE, PA 17043
by handing to
JOYCE MCCORKEL, PRACTICE
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof..
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~r)../ . . .p/~
1'- ~..,,~~~~1<1!:'#~ ,,~~~
R. Thomas Kline
me this
day of
08/12/2004
LA"":y: FRE"?~ . /J (/
~Dep:t12~
Sworn and Subscribed to before
A.D.
Prothonotary
C)
C
0 --..,
(;-:'
1'-,'
C~)
~-
1".)
-...., ..>
."
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~
~\
l
LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney LD. No. 78028
1500 Walnut Street, 18" Floor
Philadelphia, P A 19102
(215) 875-8000
FERNE CARBO, individually ofthe
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO.
043829
Ll MIN Lill, M.D., et al.
0'1- 3 fJ:J..'1
Defendants
AFFIDAVIT OF SERVICE
I, Aaron J. Freiwald, Esquire, attorney for plaintiff in the above matter, being duly sworn,
deposes and says as follows:
1. On August 9, 2004, I forwarded a copy of the Complaint to the Sheriffs Office of
Cumberland County to be served upon defendant Li Min Liu, M.D. located at Central P A
Hematology & Oncology, 50 N. 12th Street, Upper Level, Lemoyne, PA 17043. See letter
attached as Exhibit "A".
2. My office has received the Sheriffs Return of Service which indicates receipt of
the Complaint by Joyce McCorkel, Practice Manager, Adult in Charge on August ll, 2004. See
return of service attached as Exhibit "B".
3. All of the above is true and correct to the best of my knowledge, information and
belief.
By:
L~R & FREIWALD, P.c.
('. "'~
~;. FREI\m.D~ ESQUIRE
Attorney for Plaintiffs
DATED:~~,,\
LAYSER & FREIWALD, P.C.
ATTORNEYS AT LAW
Aaron J. Freiwald
August 9, 2004
Sheriff of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Jerry Carbo, deceased
Dear Sir/Madam:
Enclosed are five time-stamped copies of the Complaint in the above matter along with
this firm's draft in the amount of $l50.00 made payable to the Sheriff of Cumberland County.
Please serve the Complaints on the defendants as foUows:
1. Li Min Liu, M.D.
Central P A Hematology & Oncology
50 N. 12th Street, Upper Level
Lemoyne, P A l7043
2. John D. Conroy, Jr., D.O.
Central P A Hematology & Oncology
50 N. l2th Street, Upper Level
Lemoyne, P A l7043
3. Central PA Hematology & Oncology
50 N. l2th Street, Upper Level
Lemoyne,PAl7043
4. Holy Spirit Hospital
503 N. 2l't Street
Camp Hill, P A l7011
5. Holy Spirit Health System
503 N. 2lst Street
Camp Hill, P A 170 II
1500 Walnut Street. Eighteenth Floor. Philadelphia, fA 19102 . Tel: 215.875-8000 . fox: 215-875-8575 . oif@]ayserfreiwold.tom
LAYSER & FREIWALD, P.C.
Sheriff of Cumberland County
August 6, 2004
Page 2
Thank you for your time and attention to this matter and, if you have any comments or
questions, please do not hesitate to contact me.
AARON J. FRE]~ALD
AJF:rav
Enclosures
SHERIFF'S RETURN - REGULAR
'CASE NO: 2004-03929 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CARBO FERNE ET AL
VS
LIU LI MIN MD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
the
LIU LI MIN MD
DEFENDANT
, at 1455:00 HOURS, on the 11th day of Auqust
,~
at 50 N 12TH STREET
UPPER LEVEL
LEMOYNE, PA 17043
by handing to
JOYCE MCCORKEL, PRACTICE
MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing ~ attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.~~~~
18.00
11.84
.00
10.00
.00
39.84
R. Thomas Kline
me this
day of
08/12/2004
LAYSER & F7l .
By:_~ - f~
":;? Deputy S riff
Sworn and subscribed to before
A.D.
Prothonotary
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THOMAS. THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Sarah W. Arosell, Esquire
Attorney LD. 58797
717-255-7231
sarosell@tthlaw.com
Attorneys for Defendants Li Min Liu, M.D., John D. Conroy, Jr.,
M.D. and Central P. Hematology & Oncology
FERNE CARBO, Individually and as Executrix of:
the Estate of JERRY A. CARBO, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v
NO. 2004-3929
LI MIN L1U, M.D., JOHN D. CONROY, JR., D.O.,: CIVIL ACTION - LAW
CENTRAL PA HEMATOLOGY AND MEDICAL : JURY TRIAL DEMANDED
ONCOLOGY ASSOCIATES, P.C., HOLY SPIRIT:
HOSPITAL and HOLY SPIRIT HEALTH : MEDICAL MALPRACTICE
SYSTEM,
Defendants
PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS
PURSUANT TO PA. R.C.P. 1042.6
TO THE PROTHONOTARY OF SAID COURT:
Please enter judgment of non pros against Plaintiff in the professional liability claims
against Defendants, Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa. Hematology &
Oncology, in the above-captioned matter.
I, the undersigned, certify that the Plaintiff named above has asserted professional liability
claims against Defendants, Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa.
Hematology & Oncology, that no certificates of merit have been filed within the time required by
Pa. R.C.P. 1042.3, and that there is no motion to extend the time for filing the certificates pending
before the Court.
DATE: Ioj;a/oy
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
BY:~~MU.L
Sarah W. Arosell, Esquire
I.D.#58797
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7231
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy, Jr., M.D. and Central Pa. Hematology &
Oncology
319114-1
CERTIFICATE OF SERVICE
I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of
the foregoing document on the following person by placing same in the United States mail,
postage prepaid, on the 13 day of O~ ,2004:
Aaron Freiwald, Esquire
LAYSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
Francis E. Marshall Jr., Esquire
MARSHALL, SMITH & HADDICK, P.C.
20 South 36th Street
Camp Hill, PA 17011
THOMAS, THOMAS & HAFER, LLP
By:
~~
Sarah W. Arosell, Esquire
319114-1
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FERNE CARBO, individually and as
Executrix of the Estate of JERRY A. CARBO,
deceased,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 04-3929 CIVIL
v.
CIVIL ACTION - LAW
L1MIN L1U, M.D.; JOHN D. CONROY, JR.,
D.O.; CENTRAL PA HEMATOLOGY &
ONCOLOGY ASSOCIATES, P.C; HOLY
SPIRIT HOSPITAL; HOLY SPIRIT HEALTH
SYSTEM.
JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS
TO THE PROTHONOTARY:
Enter Judgment of Non Pros against Plaintiff, Feme Carbo, in the professional
liability claim against Holy Spirit Hospital and Holy Spirit Health System in the above-
captioned matter.
1 the undersigned, certify that the Plaintiff named above has asserted a
professional liability claim against Defendant, Holy Spirit Hospital and Holy Spirit
Health System, named above, which are licensed professionals, that no Certificate of
Merit has been filed within the time required by P.A. R.c.P. 1042.3 and that there is no
motion to extend the time for filing the Certificate pending before the Court.
Respectfully submitted,
Date: October 18, 2004
By:
5tJ/i
Tnomas M. Chairs, Esquire
Supreme Court LD. #78565
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
Phone 717-731-4800
Counsel to Defendants Holy Spirit
Hospital and Holy Spirit Health Systems
CERTIFICATE OF SERVICE
I, Thomas M. Chairs, Esquire, hereby certify that I am this 18th day of
October, serving a copy of the foregoing document upon the person(s) and in the
manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United
States mail, first-class postage prepaid, as follows:
Aaron J. Freiwald, Esquire
LAYSER & FREIWALD, P.c.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
(Counsel for Plaintiffs, Feme Carbo, Individually and as Executrix of the
Estate of Jerry A. Carbo)
Sarah W. Arose", Esquire
305 North Front Street
Harrisburg, PA 17101
(Counsel for Li Min Liu, M.D., Johy D. Conroy, Jr., D.O. and Central PA
Hematology & Oncology Associates, P.C)
DICKIE, MCCAMEY & CHILCOTE, P.c.
By 5111fZ?
Thomas M. Chairs., Esquire
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LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
a ifiqllavserfreiwald.com
Attomey J.D. No. 78028
1500 Walnut Street, 18" Floor
Philadelphia, PA 19102
(215) 875-8000
Attomey for Plaintiffs
FERNE CARBO, individually of the
and as Executrix ofthe Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
LI MIN LIU, M.D., et al.
NO. dlJ;~ vl{- 'J1 Ul
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT LI MIN LID. M.D.
I, Aaron J. Freiwald, Esq., certify that:
181 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
o the claim that this defendant deviated from an acceptabl(: professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
professionals in the treatment, practice or work that is the subject ofthe complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
\ ~ V&tY\
Date:
AARON J. FREIW AL ,Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certifY that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Li Min Liu, M.D. was served upon
opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A l7108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
l200 Camp Hill Bypass
Suite 205
Camp Hill,PA 170ll-3700
LAYSER & FREIWALD, P.C
By:
~~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
DATED:
\ ~ 'lA \b'<-\
LAYSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
aifiallavserfreiwald .com
Attorney LD. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
v.
AUGUST TERM, 2004
NO. -OCl829 uL( - ~Cf L1
LI MIN LIU, M.De, et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT CENTRAL PA
HEMATOLOGY & ONCOLOGY
I, Aaron J. Freiwald, Esq., certify that:
o an appropriate licensed professional has supplied a wriUen 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 Ihe subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
181 the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional st:mdard 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 ofthe complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the hann;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date:
\t\\A\b
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUlRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Central P A Hematology & Oncology
was served upon opposing counsel on this date, via United States First Class Mail, Postage
Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A l7108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.c.
l200 Camp Hill Bypass
Suite 205
Camp Hill, PA l7011-3700
LAYSER & FREIWALD, P.C
By:
~~
AARON J. FREIW hD, Esquire
Attorney for Plaintiffs
DATED:
\~'u.\~
LA YSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ai flii) lavserfreiwald.com
Attorney J.D. No. 78028
1500 Walnut Street, 18" Floor
Philadelphia, PA 19102
(215) 875-8000
Attomey for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
FERNE CARBO, individually of the
and as Executrix ofthe Estate of
JERRY A. CARBO, deceased
Plaintiffs
AUGUST TERM, 2004
NO. ~m ()<f- ~1-fj
v.
LI MIN LIU, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT JOHN D. CONROY. JR.. D.O.
I, Aaron J. Freiwald, Esq., certify that:
181 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
o the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals :from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
professionals in the treatment, practice or work that is the subject ofthe complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
(~
Date:~ 'tAl 01.
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant John D. Conroy, Jr., D.O. was served
upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as
follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A l7l08
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
l200 Camp Hill Bypass
Suite 205
Camp Hill, PA l7011-3700
LA YSER & FREIWALD, P.C
By:
l\~
AARON J. FREIWALD, Esquire
Attorney fix Plaintiffs
DATED: \~,"k\l>"'_
LAYSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ai f(@lavserfreiwald.com
Attorney LD. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
(215) 875-8000
Attomey for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
v.
AUGUST TERM, 2004
NO. -04;~ {jc.f-..")'i 1q
Ll MIN LID, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT HOLY SPIRIT HEALTH SYSTEM
I, Aaron J. Freiwald, Esq., certifY that:
o 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 ofthe complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
181 the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
professionals in the treatment, practice or work that is the subject of the complaint, feU
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date: \ m.u.\&'1
Ire
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certifY that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Holy Spirit Health System was served
upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as
follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A 17108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
l200 Camp Hill Bypass
Suite 205
Camp Hill, PA l701l-3700
LAYSER & FREIWALD, P.C
By:
~
AARON J. FRElW ALD, Esquire
Attorney for Plaintiffs
DATED: \8h.'\.\~
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LA YSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
aiffallavserfreiwald.com
Attomey LD. No. 78028
1500 Walnut Street, 18" Floor
Philadelphia, PA 19102
(215) 875-8000
Attomey for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Plaintiffs
v.
AlJGUST'rE~,2004
NO. --e43ff2<r 0lf,.. 'J C, lJj
LI MIN LIU, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT HOLY SPIRIT HOSPITAL
I, Aaron J. Freiwald, Esq., certify that:
o 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
181 the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or ,~xhibited 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
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date: \ o\ll~61
C~l4
AARON J. FREIWALD, Esquire
AttDrney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy ofthe attached Certificate of Merit as to Defendant Holy Spirit Hospital was served upon
opposing counsel on this date, via United States First Class Ma:il, Postage Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A 17108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.c.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA l7011-3700
LA YSER & FREIWALD, P.C
By:
~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
DATED: \~:v\~
OCT :: b
f
...: lAU-4t
LA YSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney J.D. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
v.
AUGUST TERM, 2004
NO. 043829
LI MIN LID, M.D., et al.
Defendants
PETITION TO STRIKE JUDGMENT OF NON PROS
Plaintiff respectfully seeks through this Petition to strike the entry of judgment of non pros
and in support of the Petition states as follows:
1. This medical negligence action was filed on August 10, 2004.
2. Prior filing suit, plaintiff obtained an Affidavit of Merit from a board certified
oncologist attesting to there being a reasonable basis for the claims in this action.
3. The expert's Affidavit was signed and received by telefax on July 28,2004.
4. Inadvertently, an attorney Certificate of Merit was not filed within the time required
by the Pennsylvania Rules.
5. On October 13, 2004, without any notice being provided to plaintiff, defendants
filed a Praecipe for Entry of Judgment of Non Pros.
6. Judgment for Non Pros was entered and the claims against defendants were
dismissed with prejudice on October 13, 2004.
7. Approximately three weeks prior, plaintiffs counsel spoke with Sarah Arosell,
Esquire, counsel for defendant Dr. Liu and Dr. Comoy about the claims in this case.
8. Counsel discussed the various claims candidly and plaintiffs counsel specifically
addressed the fact that plaintiffs expert, a Harvard-trained oncologist, supported the theories of
liability set forth in the Complaint.
9. Plaintiffs counsel and Ms. Arosell discussed deposition scheduling and agreed to
look at dates in December and January for the depositions of the physician defendants.
10. Ms. Arosell did not mention that the technical terms of Rule 1042.3 of the
Pennsylvania Rules, with respect to the filing of an attorney Certificate of Merit had not yet been
satisfied.
11. Attorney certificates of merit have now been filed, only a few days after the 60-day
deadline imposed by the Pennsylvania Rules of Civil Procedure.
12. There is no prejudice to defendants by the late filing of the formal, attorney
Certificate of Merit, both because of the minimal deviation from the requirements under the rule
and because defense counsel had been advised that plaintiff indeed had an expert supporting the
theories of liability.
13. Although defense counsel is not obligated to provide plaintiff with Notice before
seeking Judgment of Non Pros for failing to comply with Rule 1042.3, rules of equity require that
defendants' entry of judgment be stricken because defendants were advised that plaintiff had an
expert.
14. Even ifthe Court is disinclined to strike the Entry of Judgment, the Order of
October 13,2004 should be revised to reflect that the claims are dismissed "without prejudice,"
rather than "with prejudice."
15. In that the statute oflimitations has not run on the claims set forth in the Complaint,
plaintiffs should be free to re-file the Complaint.
16. In the interest of fairness and equity, and for the reasons set forth in the
accompanying Memorandum of Law, the Entry of Judgment of Non Pros should be stricken.
Respectfully submitted,
LAYSER & FREIWALD, P.C.
BY:
AARON J. FREIWALD, ESQUIRE
Attorney for Plaintiffs
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
215-875-8000
DATED:l~~e,
O([JCI i 8 ~GG..f
LAYSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
Attorney LD. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
v.
AUGUST TERM, 2004
NO. 043829
LI MIN LID, M.D., et al.
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PETITION TO STRIKE JUDGMENT OF NON PROS
I. Factual Summary
The Complaint in this Wrongful Death action was filed on August 10, 2004. The claims
arise from allegedly negligent treatment rendered to Jerry A. Carbo following his diagnosis with
pancreatic cancer. Because of the negligent chemo-radiation and other oncologic treatment
rendered by defendants, Mr. Carbo died on January 19, 2003.
Before filing suit, plaintiff obtained an Affidavit of Merit from a physician double board
certified in internal medicine and oncology. This physician reviewed the medical records and
offered his opinion that there was a reasonable basis for proceeding with the medical negligence
action against the defendant doctors and the hospital defendant. The Affidavit was signed on July
28, 2004 and was sent by telefax to plaintiff s counsel on the same day.l Unfortunately and
I A copy of the Affidavit may be made available to the Court for in camera review, if the
Court so desires.
inadvertently, an attorney Certificate of Merit was not filed in compliance with Pennsylvania Rule
of Civil Procedure 1042.3(a). Attorney certificates have now been filed, only a few days past the
60-day requirement set forth in the Rule. Copies ofthe Certificates of Merit are attached as
Exhibit A.
On October 13, 2004, without any notice being provided to plaintiff, defendants filed a
Praecipe for Entry of Judgment of Non Pros. Judgment for Non Pros was entered and the claims
against defendants were dismissed with prejudice on October 13, 2004. The Prothonotary signed
the form of order provided by defense counsel, a copy of which is attached as Exhibit B.
Approximately three weeks prior, plaintiffs counsel spoke with Sarah Arosell, Esquire,
counsel for defendant Dr. Liu and Dr. Conroy about the claims in this case. Counsel discussed the
various claims candidly and plaintiffs counsel specifically addressed the fact that plaintiffs
expert, a Harvard-trained oncologist, supported the theories of liability set forth in the Complaint.
Plaintiffs counsel and Ms. Arosell discussed deposition scheduling and agreed to look at dates in
December and January for the depositions of the physician defendants. Ms. Arosell did not
mention that the technical terms of Rule 1042.3 of the Pennsylvania Rules, with respect to the filin6
of an attorney Certificate of Merit had not yet been satisfied.
II. Ar~ument
The entry of judgment of non pros should be stricken. The physician affidavit of merit was
in hand and defense counsel knew as much. Defendants are seeking to dismiss this case by relying
on a rule designed to keep cases with no physician support out of the courts. Defendants knew
there was physician support, based on plaintiff counsel's representations. Moreover, the
Certificate of Merit has now been filed, with no prejudice to defendants.
If the Court is disinclined to strike the Entry of Judgment, the Order of October 13, 2004
nonetheless should be revised to reflect that the claims are dismissed "without prejudice," rather
than "with prejudice." In that the statute oflimitations has not run on the claims set forth in the
Complaint, plaintiffs should be free to re-file the Complaint.
A. The Entry of Judfment of Non Pros Should be Stricken
In the in interest of fairness and equity, the Entry of Judgment of Non Pros in this case
should be stricken. Plaintiff complied with the requirement that there be an affidavit from an
appropriate, board certified physician expert who reviews the medical records and supports the
contentions in the professional liability action. Plaintiff complied in obtaining such an expert pre-
litigation, which satisfies the underlying policy interest of Rule 1042.3(a), which is to keep
frivolous professional liability actions from being filed. The technical, although not unimportant
requirement of filing an attorney certificate of compliance with this rule is the only basis for
defendants having rushed to the Courthouse to obtain the dismissal of all claims.
Although defendants are not required to give plaintiff notice before invoking Rule 1042.3,
fairness and equity in this case would have dictated that notice be given. As set forth above,
plaintiffs counsel and counsel for defendants engaged in substantive discussions about this case,
candidly sharing information about the theories of liability and even making plans for the taking of
discovery during the anticipated litigation. In the course ofthese discussions, plaintiffs counsel
referred to the expert who had reviewed the medical records and materials and who supported
plaintiffs case. In short, defendants knew that plaintiff had an expert, but inadvertently had not
filed the attorney certification.
Attorney certifications have now been filed with the Court and served on defendants, in
what amounts to a delay of only a few days. There is absolutely no prejudice defendants can
claim. Indeed, defendants sometimes, if not often serve expert reports after Court-imposed
deadlines - in one instance with which counsel is familiar, as few as several days before trial -
and are not sanctioned unless there is clear and convincing prejudice that can be established.
All conceivable bases for having a certificate of merit rule are satisfied in this case.
Plaintiff secured a competent expert and had a report from an appropriate medical expert before
litigation was begun. Defendants had notice of this fact so that they had assurance that plaintiff
was not filing a meritIess action. What defendants did, in essence, therefore, was lay in wait for
the moment when they could seize on a technical violation to have plaintiffs' claims dismissed
entirely.
This is the very scenario that the Courts of this Commonwealth have begun to recognize as
a fundamentally unfair consequence of the new certificate of merit rule. As Honorable Scott Lash
of the Court of Common Pleas of Berks County held only a few weeks ago, a Petition to Strike an
Entry of Judgment should be granted ''where the failure is due to a mistake or oversight of counsel
and where application is promptly made and a reasonable excuse for the default offered."
Reitenauer v. Ganas, 97 Berks Co. LJ 9 (August 4,2004).
Such is the case here. The failure to file the attorney certificate of merit was an oversight.
Plaintiff had an affidavit from a competent, certifying physician before litigation was started and
believed there had been compliance with the rule. Discussions with defense counsel, as
referenced above, served to reinforce this mistaken belief. The attorney certificates have been
filed now with the Court, only days after plaintiff received notice ofthe Entry of Judgment. There
is no prejudice to defendants.
Accordingly, plaintiff respectfully urges the Court to grant the Petition to Strike the Entry 0 :
Judgment in this case and to re-instate the claims against all defendants.
B. The Order of October 13, 2004 Should be Revised to Indicate that
Claims are Dismissed Without Prejudice
In the alternative, plaintiff respectfully urges the Court to Reform the Order of October 13,
2004. In obtaining the Judgment of Non Pros, counsel for defendants presented to the Prothonotary
a form of Order prepared by counsel. This Order indicates that claims against defendants are
dismissed "with prejudice." This is not the correct designation in this case. In that the statute of
limitations has not run on the claims set forth in the Complaint, as noted above, plaintiffs should be
entitled to re-file the Complaint.
Pennsylvania case law provides that a non pros entered against a plaintiff for failure to file
a complaint pursuant to Pennsylvania Rule of Civil Procedure 1037 does not bar a second action.
See 3 Goodrich-Amram 2d ~ 1037(a):7, which states, "A non pros against a plaintiff is not res
judicata, and thus does not bar the plaintiff from commencing another action upon the same cause
of action, provided that the statute of limitations has not expired, and that the costs of the non
prossed action have been paid." See also, Haefner v. Sprague, 343 Pa. Super. 342, 494 A.2d
1115 (1985); Bucci v. Detroit Fire & Marine Ins. Co., 109 Pa. Super. 167, 167 A. 425 (1933).
Nothing in the Certificate of Merit rule requires that non pros be entered with prejudice.
The case law, not to mention equity and fairness, indicate that a second action, under these
circumstances should not be barred.
Accordingly, if the Court is determines not to strike the Entry of Judgment, then the Order
so granting should be revised to change the phrase "with prejudice" to "without prejudice."
Respectfully submitted,
LA YSER & FREIWALD, P.C.
~I
BY:
AL , SQUIRE
Attorney for Plaintiffs
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
215-875-8000
DATED: ~}l.lGt(
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct copy
ofthe attached Petition to Strike Entry of Judgment of Non Pros was served upon opposing counse.
on this date, via United States First Class Mail, Postage Prepaid, as follows:
Francis E. Marshall, Jr., Esquire
Thomas M. Chairs, Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A 17108
FREIWALD, P.c.
-.- I '
AARON 1. FREIW ALD,{;:SQUIRE
Counsel for Plaintiffs
1500 Walnut Street, 18th Floor
Philadelphia, Pa. 19102
(215) 875-8000
BY:
DATED:
10 bNt~
€x~\\;J A
.r
OCT 2 8 2004 r
LAYSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ajf@layserfreiwald.com
Attorney J.D. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO. 043829
LI MIN LID, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT LI MIN LIU. M.D.
I, Aaron J. Freiwald, Esq., certify that:
181 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
o the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
,~
professionals in the treatment, practice or work that is the subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the hann;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date:
\ &1 Vl(~'\'
AARON J. FREIW AL > , Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J. FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Li Min Liu, M.D. was served upon
opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, P A 17108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
LA YSER & FREIWALD, P.C
By:
DATED: \~"zA\~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
-..
OCT 2 8 2004 f
LA YSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ajf@layserfreiwald.com
Attorney LD. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix ofthe Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO. 043829
LI MIN LID, M.n., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT CENTRAL PA
HEMATOLOGY & ONCOLOGY
I, Aaron J. Freiwald, Esq., certify that:
o 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
f8I the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
professionals in the treatment, practice or work that is the subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date:
\"\A\~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
..
CERTIFICATE OF SERVICE
. f true and correct
IWALD ESQUIRE hereby certify that servIce 0 a
I AARON J. FRE , ,
fth 'e attached Certificate of Merit as to Defendant Central P A Hematology & Oncology
ropy 0 .
. d via United States First Class Mall, Postage
was served upon opposing counsel on thIS ate,
Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, PAl 71 08
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
LAYSER& FREIWALD, P.C
By:
DATED:
\~~\~
AARON J. FREIW D, Esquire
Attorney for Plaintiffs
""'Vut tile Ilann;
OR
,0 the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
'. ~
-OCT 2 8 2004 Y
LAYSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ajf@layserfreiwald.com
Attorney I.D. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually ofthe
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO. 043829
LI MIN LID, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT JOHN D. CONROY. JR.. D.O.
I, Aaron J. Freiwald, Esq., certify that:
181 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
o the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
, I
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 hann;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
~
Date: tm ~~~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J, FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant John D. Conroy, Jr., D.O. was served
upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as
follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, PA 17108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.e.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
LA YSER & FREIWALD, p.e
By:
:\A
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
DATED: \t\'tA~K
OCT 2 8 2004 ,(
LA YSER & FREIWALD, P.C.
By: Aaron J. Freiwald, Esquire
ajf@layserfreiwald.com
Attorney ID. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually ofthe
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO. 043829
LI MIN LID, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT HOLY SPIRIT HEALTH SYSTEM
I, Aaron J. Freiwald, Esq., certify that:
o 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 ofthe complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
I8l the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
.'
professionals in the treatment, practice or work that is the subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the hann;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date:
\ ~~\lY\
AARON J. FREIWALD, .lfe
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J . FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Holy Spirit Health System was served
upon opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as
follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, PAl 71 08
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
LAYSER & FREIWALD, P.C
By:
AARON J. FREIW AL Esquire
Attorney for Plaintiffs
DATED: \m:l^,\ tr'\
OCT 2 8 2004 f
LA YSER & FREIWALD, P.c.
By: Aaron J. Freiwald, Esquire
ajf@layserfreiwald.com
Attorney I.D. No. 78028
1500 Walnut Street, 18th Floor
Philadelphia, P A 19102
(215) 875-8000
Attorney for Plaintiffs
FERNE CARBO, individually of the
and as Executrix of the Estate of
JERRY A. CARBO, deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
AUGUST TERM, 2004
v.
NO. 043829
LI MIN LID, M.D., et al.
Defendants
CERTIFICATE OF MERIT AS TO DEFENDANT HOLY SPIRIT HOSPITAL
I, Aaron J. Freiwald, Esq., certify that:
o 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
181 the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals from whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate licensed
professional has supplied a written statement to the undersigned that there is a basis to
conclude that the care, skill or knowledge exercised or exhibited by the other licensed
professionals in the treatment, practice or work that is the subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
OR
o expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against the defendant.
Date: \ o\l(~~
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I, AARON J . FREIWALD, ESQUIRE, hereby certify that service of a true and correct
copy of the attached Certificate of Merit as to Defendant Holy Spirit Hospital was served upon
opposing counsel on this date, via United States First Class Mail, Postage Prepaid, as follows:
Sarah W. Arosell, Esquire
Thomas, Thomas & Hafer LLP
P.O. Box 999
Harrisburg, PAl 7108
Francis E. Marshall, Jr., Esquire
Dickie, McCamey & Chilcote, P.C.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
LAYSER & FREIWALD, P.C
By:
AARON J. FREIWALD, Esquire
Attorney for Plaintiffs
DATED: \~v\'bV\
FERNE CARBO,
Individually and as
Executrix of the Estate of
JERRY A. CARBO,
Deceased,
Plaintiff
v.
LI MIN LIU, M.D., et aI.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LA W
.:sq "zq
NO. 04-~ CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of November, 2004, upon consideration of Plaintiffs
Petition To Strike Judgment of Non Pros, it is ordered that:
1. A Rule is issued upon Defendants to show cause why Plaintiff is not entitled to
the relief requested;
2. Defendants shall file an answer to the petition within 21 days of the date of
this order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date ofthis order;
5. Argument shall be held on Monday, January 31, 2005, at 1:30 p.m., In
Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
^
D/O~
\\-\
BY THE COURT,
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~on 1. Freiwald, Esq.
1500 Walnut Street
18th Floor
Philadelphia, P A 19102
Attorney for Plaintiff
~ncis E. Marshall, Jr., Esq.
Thomas M. Chairs, Esq.
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011-3700
~ah W. Arosell, Esq.
P.O. Box 999
Harrisburg, PA 17108
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THOMAS. THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Sarah W. Arosell, Esquire
Attorney 1.0. 58797
717-255-7231
sarosell@tthlaw.com
Attorneys for Defendants Li Min Liu, M.D., John D. Conroy, Jr.,
M.D. and Central P. Hematology & Oncology
FERNE CARBO, Individually and as Executrix of: IN THE COURT OF COMMON PLEAS
the Estate of JERRY A. CARBO, deceased, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
v
NO. 2004-3929
1I MIN lIU, M.D., JOHN D. CONROY, JR., D.O.,: CIVil ACTION -LAW
CENTRAL PA HEMATOLOGY AND MEDICAL : JURY TRIAL DEMANDED
ONCOLOGY ASSOCIATES, P.C., HOLY SPIRIT:
HOSPITAL and HOLY SPIRIT HEALTH : MEDICAL MALPRACTICE
SYSTEM,
Defendants
,~' ',"I' ~iM~~A"q~~.~ }~ ;~:~~~,qp~~~q~~!.l~q.~.:, ',i ,~p'~~.-1~~~,!;. ',:t'b':,i;:"';i,.,:' :.;'i::"';,
.. !.,: ,",~:, :":i': .\".:~Ji'~'i:<.:>~ "I~,'.'~ .!~ ':\<;~:,~";: "~i~j.':':,':'0.~?~'( ~ ,,:.r.. "~",,~i::~\:'~". ,:"~',:':": . '.~:. ,; ':', ::~ >.~~.:,~ '.J, : :,,~;;.;.}.t '!::~lri"':'~!':.~~~~,~':~i~'l: t;~~~"''''f~l,:.,: .': :"il~~: ':.: :':::'/r,':L~~~;~,~';,::' )''i':'~~:'~'~.,~'~~!~,:~i~: ~\ ~ '<\,~ ': ~)::,'"
AND NOW, this JJ~y of IJd-
I 2004, a Judgment of Non Pros is
entered in favor of Defendants, Defendants U Min Liu, M.D., John D. Conroy, Jr., M.D. and
Central Pa. Hematology & Oncology and Plaintiffs professional liability actions against said
Defendants are dismissed with prejudice.
f~:j:/ ~ k - ~cf-
l
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Sarah W. Arasell, Esquire
Attorney 1.0. 58797
717-255-7231
sarosell@tthlaw.com
Attorneys for Defendants Li Min Liu, M.D., John D. Conroy, Jr.,
M.D. and Central P. Hematology & Oncology
FERNE CARBO, Individually and as Executrix of: IN THE COURT OF COMMON PLEAS
the Estate of JERRY A. CARBO, deceased, CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
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NO. 2004-3929
LI MIN L1U, M.D., JOHN D. CONROY, JR., D.O.,: CIVIL ACTION - LAW
CENTRAL PA HEMATOLOGY AND MEDICAL : JURY TRIAL DEMANDED
ONCOLOGY ASSOCIATES, P.C., HOLY SPIRIT:
HOSPITAL and HOLY SPIRIT HEALTH : MEDICAL MALPRACTICE
SYSTEM,
. ,
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Defendants
TO THE PROTHONOTARY OF SAID COURT:
Please enter judgment of non pros against Plaintiff in the professional liability claims
against Defendants, Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa. Hematology &
Oncology, in the above-captioned matter.
I, the undersigned, certify that the Plaintiff named above has asserted professional liability
claims against Defendants, Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa.
Hematology & Oncology, that no certificates of merit have been filed within the time required by
Pa. R.C.P. 1042.3, and that there is no motion to extend the time for filing the certificates pending
before the Court.
DATE: Ioj;a/oy'
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By: ~JJ2ad1iL
Sarah W. Arosell, Esquire
1.0.#58797
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7231
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy, Jr., M.D. and Central Pa. Hematology &
Oncology
319114-1
CERTIFICATE OF SERVICE
I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of
the foregoing document on the following person by placing same in the United States mail,
postage prepaid, on the 13 day of () cfok , 2004:
Aaron Freiwald, Esquire
LAYSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
Francis E. Marshall Jr., Esquire
MARSHALL, SMITH & HADDICK, P.C.
20 South 36th Street
Camp Hill, PA 17011
THOMAS, THOMAS & HAFER, LLP
By:
~"-Ui(
Sarah W. Arosell, Esquire
319114-1
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C,.)
FERNE CARBO, Individually
and as EXECUTRIX OF THE
ESTATE OF JERRY A. CARBO,
deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2004-3929 CIVIL TERM
v
CIVIL ACTION - LAW
LI MIN LID, M.D., JOHN D.
CONROY, JR., D.O., CENTRAL:
PA HEMATOLOGY AND MEDICAL :
ONCOLOGY ASSOCIATES, P.C.,:
HOLY SPIRIT HOSPITAL and
HOLY SPIRIT HEALTH SYSTEM,:
Defendants
JURY TRIAL DEMANDED
IN RE:
PETITION TO STRIKE JUDGMENT OF NON PROS
ORDER OF COURT
AND NOW, this 31st day of January, 2005, upon
consideration of Plaintiff's Petition To Strike Judgment of Non
Pros, and pursuant to an agreement of co~nsel reached in the
chambers of the undersigned judge in which Aaron J. Freiwald,
Esquire, appeared on behalf of Plaintiff, Hugh P. O'Neil, III,
Esquire, appeared on behalf of Defendant Li Min Liu, Defendant
John D. Conroy, Jr., and Defendant Central PA Hematology and
Medical Oncology Associates, P.C., and Thomas M. Chairs, Esquire,
appeared on behalf of Holy Spirit Hospitcll and Holy Spirit Health
System, Plaintiff's petition is granted to the extent that the
Judgment of Non Pros Pursuant to Pa.R.C.P. 1042.6 issued on
October 13, 2004, by the Cumberland County Prothonotary, Curtis
R. Long, is amended to delete the words "with prejudice." In all
other respects, the judgment dated October 13, 2004, shall remain
in full force and effect.
It is the intention of this order, and the
agreement of counsel, to permit Plaintiff to commence a new
action against Defendants Li Min Liu, M.D., John D. Conroy, Jr.,
D.O., and Central PA Hematology & Oncology.
By the Court,
~ron J. Freiwald, Esquire
. 1500 Walnut Street
Eighteenth Floor
Philadelphia, PA 19102
For the Plaintiff
./1
q~
r-{j5
\ '
O?--/(jr1"
/Ilugh P. O'Neil,
, 305 North Front
P.O. Box 999
Harrisburg, PA
For Li Min Liu,
PA Hematology &
III, Esquire
Street
17108
M.D., John D. Conroy, Jr., D.O., and Central
Oncology
/Thomas M. Chairs, Esquire
1200 Camp Hill Bypass
Suite 205
Camp Hill, PA 17011
For Holy Spirit Hospital and Holy Spirit Health System
:mae
FERNE CARBO, Individually
and as EXECUTRIX OF THE
ESTATE OF JERRY A. CARBO,
deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2004-3929 CIVIL TERM
v
CIVIL ACTION - LAW
LI MIN LIU, M.D., JOHN D.
CONROY, JR., D.O., CENTRAL:
PA HEMATOLOGY AND MEDICAL :
ONCOLOGY ASSOCIATES, P.C.,:
HOLY SPIRIT HOSPITAL and
HOLY SPIRIT HEALTH SYSTEM,:
Defendants
JURY TRIAL DEMANDED
IN RE: JUDGMENT OF NON PROS
ORDER OF COURT
AND NOW, this 31st day of January, 2005, pursuant
to an agreement of counsel dictated to the Court's stenographer,
it is hereby ordered and decreed that the Judgment of Non Pros
entered in favor of Holy Spirit Hospital and Holy Spirit Health
System on October 18, 2004, is not a judgment on the merits of
the case and entered without prejudice.
By the Court,
~ron J. Freiwald, Esquire
~' 1500 Walnut Street
-:~- \ Eighteenth Floor
~ Philadelphia, PA 19102
~J0 For the Plaintiff
'~c. .
C" ,)../\,:;~gh P. O'Neil, III, Esquire
of.. -Oc< l.)../- 305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
For Li Min Liu, M.D., John D. Conroy, Jr., D.O., and Central
PA Hematology & Oncology
~omas M. Chairs, Esquire
1200 Camp Hill Bypass
Suite 205 :mae
Camp Hill, PA 17011
For Holy Spirit Hospital and Holy Spirit Health System
21:2 lid \-93:lS\JU"l
"UDt"Ur:,l~f\ KtLUKJJ:S
Page 3 of 4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Feme Carbo, individually and as Executrix of the Estate of Jerry A.
Carbo, deceased
C rt of
C mon Pleas
Li Min Liu, MD., John D. Conroy, Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy Spirit Hospital and Holy Spirit System
vs.
CERTIF1CATE PREREQUISlTE TO THE SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009. 2, Litigation
Solutions, lnc. CLSI') on behalf of Sarah Arosell, Esquire of Thomas Thomas & Hafer- Harris urg certifies that:
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto w s mailed or
delivered to each party at least twenty days prior to the date on which the subpoena is soug t to be served;
(2) A copy of the notice of intent, including the proposed subpoena, is attached to this certif ate;
(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 tice of intent to
serve the subpoena.
Date: 3/16/2005
litigation Solutions, Inc. on behalf of
Sarah Arosell, Esquire of Thomas Thomas & afer- Harrisbur!
Attorney for the Defense
CC:
Sarah Aroseli, Esquire
Thomas Thomas & Hafer- Harrisburg
305 North Front Street
PO Box 999
Harrisburg PA 17108
http://newrats.titsol.com:808] Iratsevents/subpoena Jecords.asp?WRid= WR23616&PLid=..'. 3116/2005
~UJWUb:"\JANOTICE OF INTENT
PENNSYLVANIA COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
Ferne Carbo, individually and as Executrix of the Estate of Jerry A-;; Carbo;---
deceased
vs.
U Min Liu, MO.t John D. Conroy, Jr., 0.0.[ Central PA Hematology &. Oncology
Associates, P.C., Holy Spirit Hospital and Holy Spirit System
Court Common
eas
o 3929
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TH NGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Provider:
Record Type:
Anastasius Peter
All available
TO: Aaron Freiwald, Esquire
note: please see enclosed list of all other interested counsel
Litigation Solutions, Inc. ('LSI') on behalf of Sarah AroseJl, Esquire intends to serve a subpoena ident al to
the one that is attached to this notice. You have twenty (20) days from the date listed below in whic to file
of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice peri d is
waived or if no objection is made, then the subpoena may be served.
Date of Issue: 2f2412005
Litigation 5 lutions,
Inc. on be alf of:
CC2." sar..ah 'YJsell., Esquire ;:Court of j:ommQn Pleas
'A~i1c!2S}rr:fjrXfr.J- J--I~t?i(-er- !'fl/TisD;.ir8-
Sarah Ar sell,
Esqui
Defen
If you have any questions regarding this matter, please contact:
Litigation Soiutions, Inc. (412.263.5656)
Brentwood Towne Centre
101 Towne Square Way, Suite 251
Pittsburgh, PA 15227
http://newrats.litsol.com:8081/ratsevents/notice of intent.asn?s8Vf: rFnnrt tn rlh=Y)/,PT;
I 'j!'1Af')nnt:
0UDrUJ:',1~A .\'lU llL:jC, Ul:' INTENT'
COUNSEL LISTING FOR FERNE CARBO, INDIVIDUAllY AND AS EXECUTRIX
ESTATE OF JERRY A. CARBO, DECEASED VS. LI MIN LIU, MO., JOHN D. CONR
D.O., CENTRAL PA HEMATOLOGY & ONCOLOGY ASSOCIATES, P.C., HOLY 5
. ___~_____ HOS(>.ITAlANDJ:!OlY SPIRIT SYSTEM_..._c___
County of Cumberland Court of Common Pleas
Counsel
Firm
Counsel pe
Opposing unsel
Freiwald, Esquire, Aaron
1500 Walnut Street 18th Floor Philadelphia PA
19102
1200 Camp Hill Bypass Suite 205 Camp Hill PA
17011
Other
Marshall, Jr., Esquire, Francis
Pagei.ofT:-' ...-.
.-- - .
FTHE
Y,JR.,
RIT
http://newrats.litso1.com:8081/ratsevents/notice_ ofjntentasp ?save _report_to __ db= X&PLi... 2/24/2005
COMMONWEALTH OF PENNSYL VANIA
Ferne Carbo, individually anctPJ,&TYOFCU!vffiERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
~"c::t-p.m
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:Peter Anastas ius
(Name of Person or Entity)
Within twenty (20) days after service ofthis subpoena, you are ordered by the court to p duce the
following documents or things:
PLEASE SEE ATTACHED RIDER
mlDl Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
Yau may deliver or mail legible copies of the documents or produce things requeste by tbis
subpoena, together with the certificate of compliance, to the party making this request at the addr s listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or prod ing the
things sought
If you fail to produce the documents or things required by this subpoena within twenty ( 0) days
after its service, the party serving this subpoena may seek a court order compelling you to comply ith it
TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO
NAMEBarah Arosell, Esquire
.ADDRESS305 North Front Street PO Box 999
Harrisburq PA, 17108
TELEPHONE:71 7-? '17-71 nn
SUPREME COURT ill #~ R 7 q7
ATTORNEYFORDefense
Date:
W/UM'~ dOl ,9c;rJo
Seal ofth6 Court
De ty
SUBPOENA RIDER
yage 1 or 1
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Anastasiu5 Peter
Susquehanna Surgeons 532 N. Front Street
Lemoyne PA 17043
Attention: Dr. Peter
Patient: Carbo, Ferne
S5#: 165-32-3278
Date of Birth: 9(6/39
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 9j6j39-present regardi the above~
named patient including but not limited to:
. Medical records - charts, test results, reports, correspondence, office notes.
. X-rays, x-ray lists.
. Billing records.
I
http://newrats.litsol.com:8081 /ratsevents/subpoena_rider.asp?PLid=PL l297 84& WRid= W. 2/24/2005
CERTIFICATE OF SERVICE
I, SARAH W. AROSELL, ESQUIRE, hereby certify that I have served al rue and
correct copy of the foregoing CERTIFICATE PREREQUISITE TO THE SERV E OF A
SUBPOENA on the following persons by placing same in the United States m ii,
postage prepaid, on the fl.( day of March, 2005: ,
Aaron J. Freiwald, Esquire
LAYSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
Thomas M. Chairs, Esquire
Dickie McCamey & Chilcote, P.C.
1200 Camp Hill Bypass-Suite 205
Camp Hill, PA 17011-3700
THOMAS, THOMAS & HAFER, LLP
By: C/J~QJJaadl ~
Sarah W. Arosell, Esquire
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Ferne Carbo, individually and as Executrix of the Estate of Jerry A.
Carbo, deceased
Cou rt of
Common Pleas
vs.
Li Min Liu, MD., John D. Conroy, Jr., D.O., Central PA Hematology &
Oncology Associates, P.c., Holy Spirit Hospital and Holy Spirit System
Case Number:
04-3929
CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBP ENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Ru e 4009.22, Litigation
Solutions, Inc. ('LSI') on behalf of Sarah Arosell, Esquire of Thomas Thomas & Hafe - Harrisburg certifies that:
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached t ereto was mailed or
deiivered to each party at least twenty days prior to the date on which the subpoen is sought to be served;
(2) A copy of the notice of intent, including the proposed subpoena, is attached to t is 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 attache to the notice of intent to
serve the subpoena.
Date: 3/29/2005
Litigation Solutions, Inc. on behalf f
Sarah Arosell, Esquire of Thomas Tomas & Hafer- Harrisbur!
Attorney for the Defense
CC:
Sarah Arose!l, Esquire
Thomas Thomas & Hafer- Harrisburg
305 North Front Street
PO Box 999
Harrisburg PA 17108
http://rats.1i tsol.com/ratsevents/ subpoena _ records.asp ?WRid= WR2343 7 &PLid=P l3 033 6... 3/29/2005
~ I
Page 1 of 4
SUBPOE'\[A NOTICE OF INTENT
PENNSYLVANIA COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
Ferne Carbo, individually and as Executrix of the Estate of Jerry A. Carbo,
deceased
V5.
Li Min Liu, MD., John D. Conroy, Jr., D.O., Central PA Hematology & Oncology
Associates, P.C., Holy Spirit Hospital and Holy Spirit System
Court of Common
Pleas
04-3929
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ~ND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Provider:
Re ord Type:
Rodney Hough
Kevin Stavely-Q' Carroll
Kevin Stavely-O' Carroll
Kevin Stavely-Q' Carroll
Wallace Longton
Theodore Berk
Carlisle Hospital
Carlisle Hospital
Carlisle Hospital
Penn State Milton S. Hershey Med
Penn State Milton S. Hershey Med
Penn State Milton S. Hershey Med
All available
Medical
Radiology
Financial { BiIIi g
All available
All available
Medical
Radiology
Financial 1 Billl g
Medical
Financial 1 BillI g
Radiology
TO: Aaron Freiwald, Esquire
note: please see enclosed list of all other interested counsel
Litigation Solutions, Inc. ('LSl') on behalf of Sarah Arosell, Esquire intends to serve a sub oena identical to
the one that is attached to this notice. You have twenty (20) days from the date listed be pw in which to file
of record and serve upon the undersigned an objection to the subpoena. If the twenty da notice perfod is
waived or if no objection is made, then the subpoena may be served.
Date of Issue: 3/9/2005
Litigation Solutions,
Inc. on behalf of:
CC: Sarah Arosell, Esquire - Court of Common Pleas
~(iI.) ;kr;lUlj-' .i---I-bkr' r-iv.i7/s-bw i9--
Sarah Arosell,
Esquire
Defense
http://newrats.litsoI.com: 80811ralsevents/notice _ of ~ntent.asp?save _report_to _db X&PLid... 3/9/2005
SUBPOENA NOTICE OF INTENT
Page 2 of 4
If you have any questions regarding this matter, please contact:
Litigation Solutions, Inc. (412.263.5656)
Brentwood Towne Centre
101 Towne Square Way, Suite 251
Pittsburgh, PA 15227
htlp:llnewrats.litsol.com: 808l/ratsevents/notice _oCintent.asp?save Jeport_ to_db X&PLid... 3/9/2005
SUBPOENA NOTICE OF INTENT
COUNSEL LISTING FOR FERNE CARBO, INDIVIDUALLY AND AS EXE
ESTATE OF JERRY A. CARBO, DECEASED VS. LI MIN LIU, MD., JOHN
D.O., CENTRAL PA HEMATOLOGY & ONCOLOGY ASSOCIATES, P.C.,
HOSPITAL AND HOLY SPIRIT SYSTEM
County of Cumberland Court of Common Pleas
Counsel
Firm
Freiwald, Esquire, Aaron
1500 Walnut street 18th Floor Philadelphia PA
19102,J!5' 87S - ?{t:oo
1200 Camp Hill Bypass Suite 205 Camp Hill PA
170111/'7_ 73/- if;?Oo
Marshall, Jr., Esquire, Francis
Page 3 of 4
TRIX OF THE
. CONROY, JR.,
OLY SPIRIT
ounselTvpe
pposing Counsel
ther
http://newrats.Iitsol.com:80811ratsevents/notice _ oCintent.asp?save Jeport _to _db &PLid... 3/9/2005
COMMONWEALTH OF PENNSYL V AN1A
Ferne Carbo, individually ah9LlNTY OF CUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
.~\l~t-pm
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO:Theodore Berk
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by th court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
MIDI Towne Square Way, Suite 251 Pittsburgh, PA 152 7
(Address)
You may deliver or mail legible copies of the documents or produce thin s 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 co 'es or producing the
things sought.
If you fail to produce the documents or things required by this subpoena wi . twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you 0 comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN PERSON:
NAME~arah Arose11, Esquire
ADDRESS~U~ North Front Street PO Box 999
Harrisburg PA, 17108
TELEPHONE:71 7 237 - 71 0 0
SUPREME COURT ill #58797
ATTORNEY FORPefense
r-.,
COURT:
Date: (YI ':J J) r I. '/,:10& \;
Seal of the Court
.SUBPOENA RIDER
Page 7 of ] 3
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Theodore Berk
241 Alexander Spring Road
Carlisle PA 17013
Attention: Dr. Berk
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 2/19/41-pres nt regarding the above-
named patient including but not limited to:
. Medical records - charts, test results, reports, correspondence, office notes.
. X-rays, x-ray lists.
. Billing records.
http://newrats.litsol.com:80811ratsevents/multiple_ subpoena _rider.asp?PLlist=PL 27833Ip... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually aCflidlJ!llIYOFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &:
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
,~\l<::t-pm
File No.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO: Carlisle Hospital-Medical Records
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by tli court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
M10l Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail legible copies of the documents or produce thin s requested by thjs
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 co 'es or producing the
things sought.
If you fail to produce the documents or things required by this subpoena wi 'n twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you 0 comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN PERSON:
NAME:Sarah Arosell, Esquire
ADDRESSJO:o North ],'ront Street PO Box 999
Harrlsburg ~A, lllU~
TELEPHONE: 11 7 237 - 71 0 0
SUPREME COURTID #58 797
ATroRNEYFOR:Defense
Date: flZ;:I//r L -? -+.0&1 \
Seal of the Coilit
SUB~OENA RIDER
Page 8 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Carlisle Hospital
274 Wilson Street
Carlisle PA 17013
Attention: Medical Records Correspondence
Patient: Carbo, Jerry
55#: 162.34-5006
Date of Birth: 2/19{41
Requested Items:
Please remit: a complete copy of any and all medical records from 2/19/41-present, indudin records, charts, test
results, reports, correspondence, office notes, and computer'lzed records.
http://newrats.litsol.com:8081/ratsevents/multiple _subpoena_rider .asp?PLlist=P 1278331P ... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Feme Carbo, indi vidually a~@u;N;fY OF CUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
.C::v<:::rpm
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO:carlisle Hospital-Radiology
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by th court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
~101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail legible copies of the documents or produce thin s requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address list';d
above. You have the right to seek in advance the reasonable cost of preparing the co ies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena wi . twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
TIUS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN PERSON:
NAME:Sarah Arosell, Esquire
ADDRESS~U~ North Front Street PO Box 999
Harrisburg PA, 11108
TELEPHONE:71 7-237-7100
SUPREME COURT ID #58797
ATTORNEY FORPefense
Date: frb d '/ o\.~
Seal of the Court '
COURT:
. SUBP,OENA RIDER
Page 9 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Carlisle Hospital
274 Wilson Street
Carlisle PA 17013
Attention: Radiology Films Library
Patient: Carbol Jerry
55#: 162-34'5006
Date of Birth: 2/19/41
Requested Items:
Please remit: Complete copy of any and all diagnostic films from 2/19/41-present, including -Rays, MRI, and CT scans.
http://newrats.litsoI.com: 8081/ratsevents/multiple _subpoena _rider.asp?PLlist=P l2783 3iP... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually @1it!:JlN1"Si"OFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John.D. Conroy,
Jr., D.O., Central PA Hematology ~
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
S\l~-r~m
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO: Carlisle Hospital-Billing
(Narne of Person or Entity)
Witlrin twenty (20) days after service of this subpoena, you are ordered by fue court to produce fue
following documents or things:
PLEASE SEE ATTACHED RIDER
~ 101 Towne Square Way, Suite 251 Pittsburgh, PA 15 27
(Address)
You may deliver or mail legible copies of the documents or produce thin requested by tlus
subpoena, togefuer wifu fue certificate of compliance, to fue party making this request t fue address listed
ahove. You have fue right to seek in advance fue reasonable cost of preparing the cop es or producing fue
things sought.
If you fail to produce fue documents or things required by this subpoena wi twenty (20) days
after its service, fue party serving this subpoena may seek a court order compelling you 0 comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN
NA1~: Sarah Arosell, Esquire
ADDRESS:~O:o North "'ront Street PO Box 999
Ha~rrlsburg 1'11., lllUI:l
TELEPHONE: 117 237 71 0 0
SUPREME COURT ID # 58797
ATTORNEY FOR: Defense
Date: frZ';;U7 r L 2 J..ot!S
Seal of the Co
SUBPOENA RIDER
Page lO of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODrAN OF RECORDS FOR:
Carlisle Hospital
274 Wilson Street
Carlisle PA 17013
Attention; Billing Department
Patient: Carbo, Jerry
S5#: 162'34-5006
Date of Birth: 2/19/41
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) from 2/19/41-presen , denials for inpatient and
outpatient accounts, amount charged, amount paid by insurance or Medicare, amount writte off, and any amount
owed.
http://newrats.1itsol.com:8081/ratsevents/multiple _subpoena _rider.asp?PLIist= P l27833/P... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually ar~dn~TYOFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
.c;u~rpm
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR Till GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO: Rodney Hough
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce fue
following documents or things:
PLEASE SEE ATTACHED RIDER
ml01 Towne Square Way, Suite 251 Pittsburgh, PA 152 7
(Address)
You may deliver or mail legible copies of fue documents or produce thin s requested by tlris
subpoena, togefuer wifu fue certificate of compliance, to fue party making this request t fue address listed
above. You have fue right to seek in advance fue reasonable cost of preparing fue cop es or producing the
things sought.
If you fail to produce fue documents or things required by this subpoena wi . twenty (20) days
after its service, fue party serving this subpoena may seek a court order compelling you 0 comply wifu it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN PERSON:
NAME:Sarah Arosell, Esquire
ADj)RESS:305 North Front Street PO Box 999
Harrisburq PA. 17108
TELEPHONE:717 )17 7100
SUPREME COURT ill # OJ A 7 q 7
ATTORNEY FOR: Defense
Date: fYl:;Ja c L 1 ,.,)J.::d.l
. Seal offue CoUrt
/
SUBPOENA RTDER
C)age 2 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Rodney Hough
49 Brookwood Avenue
Carlisle PA 17013
Attention' Dr. Hough
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 2/19/41-pr ent regarding the above-
named patient including but not limited to:
. Medical records - charts, test results, reports, correspondence, office notes.
. X-rays, x-ray lists.
. Billing records.
http://newrats.litsol.com:808l /ratsevents/multiple _subpoenaJider.asp?PLlist=P l2783 3[P... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually aIflQUWYOFCUMJ3ERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &:
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
FileNo.
04-3929
.C:\fc:r,::>.m
SUBPOENA TO PRODUCE DOCUMENTS OR TIDN S
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Wallacce Longton
(Name of Person or Entity)
Within tweuty (20) days after service of this subpoena, you are ordered by the ourt to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
101 Towne Square Way, Suite 251 Pittsburgh PA 15227
d '
(Address)
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 a the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copie or producing the
things sought.
lf you fail to produce the docurnents or things required by this subpoena wit' 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 ERSON:
NAME:Sarah Arosell, Esquire
ADDRESS:JUj North Front Street PO Box 999
Harrisburg FA, 11108
TELEPHONE: 71 7-237 -7100
SUPREME COURT ill # 58797
ATIORNEYFOR:Defense
Date: f/2-;:J/l eLl{ A/Yj r
Seal of the Cotirt
r
Deputy
SUBPOENA RIDER
Page 6 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Wallace Longton
Carlisle Regional Cancer Center 5 Sprint Drive
Carlisle PA 17013
Attention: Dr. Longton
Patient: Carbo, Jerry
55#: 162.34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: a complete copy of any and all documents in your possession from 2/19/41-pr ent regarding the above-
named patient Including but not limited to:
. Medical records - charts, test results, reports, correspondence, office notes.
. X-rays, x-ray lists.
. Billing records.
http://newrats.litsol.com:8081/ratsevents/multiple_ subpoena Jider.asp?PLlist=P I 27833IP... 3/9/2005
COMMONWEALTH OF PENNSYL VANIA
. d' 'd 11 r'.nTTNTVOFCUMBERLAND
Ferne Carbo, In lVl ua y anTI~as'~~
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
FileNo.
04-3929
.C:'ilc:t-~m
SUBPOENA TO PRODUCE DOCUMENTS OR Till GS
FOR DISCOVERY PURSUANT to RULE 4009.2
TO:Penn State Milton S. Hershey Medical Center-Medical Records
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by th court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
&101 Towne Square Way, Suite 251 Pittsburgh, PA 15 27
(Address)
You may deliver or mail legible copies of the documents or produce thin s requested by thi!
subpoena, together with the certificate of compliance, to the party riJaking this reques at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the co ies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena wi . twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling yo to comply with it.
TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO
PERSON:
NAME: Sarah Arosell, Esquire
ADDRESS:305 North Front Street PO Box 999
Harrisburg PA, 17108
TELEPHONE: 717-237-7100
SUPREMECOURTID# 58797
ATTORNEY FOR: Defense
BY THE COURT:
I.
Date:~~fcZtt ~~~
SUBPOENA RIDER
Page II of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Penn State Milton 5. Hershey Med
500 University Drive
Hershey PA 17033
Attention: Medical Records Correspondence
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: a complete copy of any and all medical records from 2/19/41-present, includin records, charts, test
results, reports, correspondence, office notes, and computerized records.
http://newrats.litso1.com:80811ratsevents/multiple_ subpoena _rider.asp?PLlist= l2783 3Ip... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually a'w1J.\lITY OF CUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
~"c::.t-pm
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO:Penn State Milton S. Hershy Medical Center-Bill'ng
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by e court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
~101 Towne Square Way, Suite 251 Pittsburgh, PA 15 27
(Address)
You may deliver or mail legible copies of the documents or produce . gs requested by tbis
subpoena, together with the certificate of compliance, to the party making this reque t at the address list;<i
above. You have the right to seek in advance the reasonable cost of preparing the c ies or producing the
things sought
If you fail to produce the documents or things required by this subpoena wi 'n twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling yo to comply with it
TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW
NAMESarah Arosell, Esquire
ADDRESS~05 North Front Street PO Box 999
Harrisburg PA, 17108
TELEPHONE]17-237-7100
SUPREME COURT ill #5 8 797
ATTORNEY FORPefense
Date: (fl';:7J1rL '7 )fY0S"
Seal of the Co;;rt
SUBPOENA RlDER
Page 12 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Penn State Milton S. Hershey Med
500 University Drive
Hershey PA 17033
Attention: Billing Department
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) from 2/19/41-presen , denials for inpatient and
outpatient accounts, amount chargedt amount paid by insurance or Medicare, amount writte off, and any amount
owed.
http://newrats.1itsol.com: 8081/ratsevents/multip1e _subpoena Jider.asp?PLlist=P 127833iP... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually Jt,<J.~OFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
.~\1c:t-p.m
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR T GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO: Penn State Milton S. Hershy Medical Center Ra .
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
mlOl Towne Square Way, Suite 251 Pittsburgh, PA 15 27
(Address)
You may deliver or mail legible copies of the documents or produce . gs requested by tbi~
subpoena, together with the certificate of compliauce, to the party making this reques at the address listei:!
above. You have the right to seek io advauce the reasonable cost of preparing the co ies or produciog the
things songht.
If you fail to prodnce the documents or things required by this subpoena wi . twenty (20) days
after its service, the party serviog this subpoena may seek a court order compelliog yo to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW
NAME~arah Arosell, Esquire
ADPRESSjU~ North Front Street PO Box 999
Harrlsburg FA, 17108
TELEPHONE~17-237-7100
SUPREME COURT ill #5 8 7 9 7
ATTORNEY FORDe fense
~ Date:~~I~;th~ co~ d-lYJS'
SUBPOENA RlDER
Page 13 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Penn State Milton S. Hershey Med
500 University Drive
Hershey PA 17033
Attention: Radiology Films Library
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: Complete copy of any and all diagnostic films from 2/19j41-present, including -Rays, MRI, and cr scans.
http://newrats.1itso1.com:8081 /ratsevents/multip1e _ subpoenaJider.asp?PLlist=P 12783 3IP... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually clrtdU1ITYOFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &:
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
FileNo.
04-3929
.C:\l~t-pm
SUBPOENA TO PRODUCE DOCUMENTS OR TH GS
FOR DISCOVERY PURSUANT TO RULE 4009.2
TO: Kevin Stavely-o' Carroll
(Name of Person or Entity)
Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the
following documents or things:
PLEASE SEE ATTACHED RIDER
m'101 Towne Square Way, Suite 251 Pittsburgh, PA 15227
(Address)
You may deliver or mail legible copies of the documents or produce thin s requested by !hi"
subpoena, together with the certificate of compliance, to the party makiog this request at the address Iistei:!
above. You have the right to seek io advance the reasonable cost of prepariog the cop es or produciog the
things sought.
If you fail to produce the documents or things required by this subpoena wit' twenty (20) days
after its service, the party serviog this subpoena may seek a com order compelliog you 0 comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWIN PERSON:
NAME.Sarah Arosell, Esquire
AnpRF."S)O::; NUL Lh "Lorn: o;treet PO Box 999
Herr Isl5uHj FA, 17108
TELEPHONE:1I1LjlllUU
SUPREMECOURTID#~~ I':J /
ATTORNEY FOR:De f"u"e
J
~
Date: (JDI? r L '% ~
-- Seal of the Court____
SUBPOENA RIDER
Page 3 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Kevin Stavely-Q' Carroll
Hershey Medical Center 500 University Drive
Hershey PA 17033
Attention: Dr. Stavely-D' Carroll
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: a complete copy of any and all medical records from S/19/41-present, includin records, charts, test
results, reports, correspondence, office notes, and computerized records.
http://newrats.litso1.com: 8081/ratsevents/multip1e _subpoena _ rider.asp?PLlist=P 127833iP... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually a:~OFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &:
Oncology Associates, P.C., Holy
Splrlt Hospital and Holy Spirit
.C:uc:.rr=>m
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR TH GS
FOR DISCOVERY PURSUANT TO RULE 4009. 2
TO: Kevin Stavely-o' Carroll-Radiology
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by e court to produce the
following documeuts or things:
PLEASE SEE ATTACHED RIDER
at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15 27
(Address)
You may deliver or mail legible copies of the documents or produce . gs requested by !hi~
subpoena, together with the certificate of compliance, to the party makiog this reque t at the address listea
above. You have the right to seek io advance the reasonable cost of prepariog the c ies or produciog the
thiogs sought.
If you fail to produce the documeuts or things required by this subpoena wi . twenty (20) days
after its service, the party serviog this subpoena may seek a court order compelling yo to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO
Sarah Arosell, Esquire
H~~~QQin5 North f'rcll,L 3Luo"L PO Box 999
""""'-"'ffl"l'r'J po, 17108
TELEPHONE717 237 7100
SUPREME COUIyfJPi,~~ 97
ATTORNEY FOR:
~ Date: fYl ~/I. r.L '7 J...r)b$
~-~------Seal of the Court '
SUBPOE~J\ rUDER
Page 4 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Kevin Stavely-Q' Carroll
Hershey '-1edical Center 500 University Drive
Hershey PA 17033
Attention: Dr. Stavely-Q' Carroll
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Please remit: Complete copy of any and all diagnostic films from 2/19/41-present, including -Rays, MRI, and cr scans.
http://newrats.1itso1.com:8081 /ratsevents/multip1e _subpoena _rider.asp?PLlist=P 127833IP... 3/9/2005
COMMONWEALTH OF PENNSYLVANIA
Ferne Carbo, individually a~lJnTYOFCUMBERLAND
Executrix of the Estate of Jerry A.
Carbo, deceased
VS.
Li Min Liu, MD., John D. Conroy,
Jr., D.O., Central PA Hematology &
Oncology Associates, P.C., Holy
Spirit Hospital and Holy Spirit
_c.;\T~t-~m
FileNo.
04-3929
SUBPOENA TO PRODUCE DOCUMENTS OR THI GS
FOR DISCOVERY PURSUANT TO RULE 4009. 2
TO:Kevin Stavely-O' Carroll-Billing
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by e court to produce the
following documents or thiogs:
PLEASE SEE ATTACHED RIDER
101 Towne Square Way, Suite 251 Pittsburgh, PA 15 27
at
(Address)
You may deliver or mail legible copies of the documents or produce . gs requested by this
subpoena, together with the certificate of compliance, to the party making this reque t at the address liste'd
above. You have the right to seek io advance the reasonable cost of prepariog the c pies or produciog the
things sought.
If you fail to produce the documents or things required by this subpoena . twenty (20) days
after its service, the party serviog this subpoena may seek a court order compelliog yo to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO
NAMESarah Arosell,Esquire
ADDRRSSJOJ NUL Lll "rOIl1: ::;1:reet PO Box 999
H"lCri'Sl'iurLj FA, 1710$
TELEPHONE71 7 2. 3 1 11 U U
STJPREME COT JRT ID Ii' ~ / ':J !
ATTORNEYFORJ;Jefejj~e
J Dm: /Vanri ~ ~~
Seal of the Court I .___
SUBPOENA RlDER
Page 5 of 13
Rider to Subpoena
Explanation of Required Documents and Things
TO: CUSTODIAN OF RECORDS FOR:
Dr. Kevin Stavely-Q' Carroll
Hershey Medical Center 500 University Drive
Hershey PA 17033
Attention: Dr. Stavely-Q' Carroll
Patient: Carbo, Jerry
55#: 162-34-5006
Date of Birth: 2/19/41
Requested Items:
Complete copy of any and all itemized bills (include ICD9 & CPT codes) from 2/19/41-presen , denials for Inpatient and
outpatient accounts, amount charged, amount paid by insurance or Medicare, amount writte off, and any amount
owed.
http://newrats.1itso1.com:8081/ratsevents/multip1e _subpoena Jider.asp?PLlist= L 127833JP... 3/9/2005
I
.
CERTIFICATE OF SERVICE
I, SARAH W. AROSELL, ESQUIRE, hereby certify that I have erved a true and
correct copy of the foregoing CERTIFICATE PREREQUISITE TO TH SERVICE OF
SUBPOENAS on the following persons by placing same in the Unite States mail,
postage prepaid, on the L7Lday of April, 2005:
Aaron J. Freiwald, Esquire
LAYSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
Thomas M. Chairs, Esquire
Dickie McCamey & Chilcote, P.C.
1200 Camp Hill Bypass-Suite 205
Camp Hill, PA 17011-3700
THOMAS, THOMAS & HAFER, LP
By:
Sarah W. Arosell, Esquire
:347457.2
- 1 -
0 ,...., 0
"'"
C::1 ....,
<J'
, ,; ,,~ 1:.~
~'~J
?'J n1r-~
-e,r'-'
1 ....'(,J
<.Jl -:::-:~ ~~)
r,",
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(,) '-j]
C~) :.=<
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
FERNE CARBO, Individually and as Executrix of
the Estate of JERRY A. CARBO, deceased,
Plaintiff
v.
LI MIN LlU, M.D., JOHN D. CONROY, JR., D.O.,
CENTRAL PA HEMATOLOGY AND MEDICAL
ONCOLOGY ASSOCIATES, P.C., HOLY SPIRI
HOSPITAL and HOLY SPIRIT HEALTH
SYSTEM,
Defendants
Sarah W. Arosell. Esquire
Attorney 1.0. 58797
Hugh P. O'Neill, III, Esquire
Attorney 1.0. 69986
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy, Jr., M.D. and Central PA Hematology &
Oncolo
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-3929
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MEDICAL MALPRACTICE
, "N'O....C""'.......:..., ....'..0:. " ,,,', ':. " ,:.' ::" :' . '. '.:: ".:': ,
"<!';:iF::;U",:,;;':;t"':"~;iU~:~E~~,;;~,:",;;>;;,,,,m' " n "";';">',", '
TO: Plaintiff Ferne Carbo
c/o Aaron Freiwald, Esquire
Layser & Freiwald, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment may be entered against you.
THOMAS, THOMAS & HAFER, LLP
. , ) (- I
l ,,0-', . / '')1/
Sarah W. Arosell, Esquire' ID#5'b97)
Hu'gh P. O'Neill, Esquire (ID#69986)
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7231
By:
Date: 9-,1::>' L 5'
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy, Jr., M.D. and Central Pa. Hematology &
Oncology
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Sarah W. Arosell, Esquire
Attorney 1.0. 58797
Hugh P. O'Neill, III, Esquire
Attorney 1.0. 69986
Attorneys for Defendants Li Min Liu, M.D., John D.
Conroy. Jr., M.D. and Central PA Hematology &
Oncolo
FERNE CARBO, Individually and as
Executrix of the Estate of JERRY A.
CARBO, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-3929
v.
LI MIN L1U, M.D., JOHN D. CONROY, JR.,
D.O., CENTRAL PA HEMATOLOGY AND
MEDICAL ONCOLOGY ASSOCIATES,
P.C., HOLY SPIRIT HOSPITAL and HOLY
SPIRIT HEALTH SYSTEM,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MEDICAL MALPRACTICE
1-4. Denied. After reasonable investigation, Answering Defendants are without
sufficient knowledge or information to form an opinion as to the truth or falsity of the
allegations contained therein. All allegations are denied pursuant to Pa. R.C.P.
1029(e). All allegations are placed at issue and strict proof is demanded at time of trial.
5. Admitted.
6. Denied as stated. Defendant John D. Conroy, Jr., D.O. is a physician
board certified in internal medicine and hematology/oncology. All other allegations are
admitted.
7. Admitted.
8. Denied. It is specifically denied that at all times relevant Defendants Dr.
Liu and Dr. Conroy were employees, agents, servants and/or ostensible agents of
Defendant Central PA Hematology. To the contrary at all times relevant Dr. Liu was an
employee of Defendant Central PA Hematology and Dr. Conroy was a principal of
Central PA Hematology.
9. Denied. This allegation is denied as a conclusion of law and is further
denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict
proof thereof is demanded at time of trial.
10-11. Denied. The allegations contained in Paragraphs 10 through 11 are
directed to a party other than Answering Defendant and said allegations are therefore
denied. To the extent that a response is deemed required by Answering Defendant, all.
said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at
issue and strict proof thereof is demanded at time of trial.
12. Denied. All allegations of Dr. Liu and Dr. Conroy acting by or through Holy
Spirit Hospital. To the contrary, Dr. Conroy and Dr. Liu were independent contractor
physicians with privileges to practice at Defendant Holy Spirit Hospital. All other
allegations contained in this paragraph are denied as conclusions of law.
13. Denied. It is specifically denied that at all times relevant Defendants Dr.
Liu and Conroy were agents, servants, employees and/or ostensible agents of
Defendants Holy Spirit Hospital and/or Holy Spirit Health System. To the contrary, at all
times relevant Drs. Liu and Conroy were independent contractor physicians with
privileges to practice at Holy Spirit Hospital. All allegations are further denied pursuant
2
to Pa. RC.P. 1029(e) and as conclusions of law. All allegations are placed at issue and
strict proof thereof is demanded at time of trial.
14. Denied. The allegations contained in this paragraph are directed to a
party other than Answering Defendants. Accordingly all said allegations are deemed
denied. However, to the extent that a response is deemed required by Answering
Defendants, Answering Defendants incorporate their response to Paragraph 13 of
Plaintiffs' Complaint as if set forth herein at length. All allegations are placed at issue
and strict proof thereof is demanded at time of trial.
15-18. Denied. The medical records speak for themselves regarding the
care and treatment of Plaintiffs' Decedent, Jerry Carbo. To the extent the medical
records conflict with the allegations contained in these paragraphs, said allegations are
specifically denied. Moreover, all said allegations are denied pursuant to Pa. RC.P.
1029(e). All allegations are placed at issue and strict proof thereof is demanded at time
of trial.
19-20. Denied as stated. Rather, the medical records speak for
themselves. Said allegations are also denied pursuant to Pa. RC.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
21-22. Denied as stated. Rather, the medical records speak for
themselves regarding the chemo-radiation protocol and therapy. To the extent these
paragraphs contradict the medical records said allegations are further specifically
denied. All are allegations are generally denied pursuant to Pa. RC.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
3
23. Denied. The allegations contained in this paragraph constitutes
conclusions of law and are denied as such. All allegations are further generally denied
pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof
thereof is demanded at time of trial.
24. Denied. It is specifically denied that Dr. Liu, Dr. Conroy and Central PA
Hematology did not follow the protocol set forth by Dr. Gagnon. To the contrary, Drs.
Liu and Conroy and Central PA Hematology acted with the requisite standard of care at
all times relevant. All allegations are denied pursuant to Pa. RC.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
25-27. Denied. It is specifically denied that Answering Defendants failed
to follow Dr. Gagnon's protocol. To the contrary, said Defendants acted with the
requisite standard of care at all times relevant. All allegations are further denied as
conclusions of law and are denied pursuant to Pa. RC.P. 1029(e). All allegations are
placed at issue and strict proof thereof is demanded at time of trial.
28-32. Denied. The medical records speak for themselves regarding the
care and treatment of Plaintiffs' Decedent Jerry Carbo. To the extent the respective
allegations contained in Plaintiffs' Complaint conflict with said medical records, said
allegations are deemed specifically denied. By way of further answer ails aid
allegations are denied pursuant to Pa. RCP. 1029(e). All allegations are placed at
issue and strict proof thereof is demanded at time of trial.
33. Denied as stated. Rather, the medical records from Holy Spirit Hospital
speak for themselves regarding the care and treatment of Plaintiffs' Decedent Jerry
4
Carbo. To the extent the allegations contained in this paragraph of Plaintiffs' Complaint
conflict with the Holy Spirit Hospital records said allegations are being specifically
denied. Moreover, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
34. Denied. It is specifically denied that on January 15, 2003, Dr. Conroy
entered Mr. Carbo's room and verbally abused and assaulted him. To the contrary, at
all times relevant, Dr. Conroy acted in an appropriate and reasonable manner in
obtaining informed consent for medical treatment from Plaintiffs' Decedent Jerry Carbo.
By way of further response, all said allegations are denied as conclusions of law and
are further denied pursuant to Pa. R.C.P. 1029(e).
35. Denied. It is specifically denied that Dr. Conroy told Mr. Carbo in front of
his wife, son and daughters your lungs are full of cancer, your liver is shutting down,
next will be your kidneys then you will die. To the contrary, Dr. Conroy acted in a
reasonable and appropriate manner at all times relevant in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. All allegations are denied as conclusions of law
and are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and
strict proof thereof is demanded at time of trial.
36. Denied. It is specifically denied that Mr. Carbo was physically and
emotionally distressed as was his family by the rough and rude treatment of Dr. Conroy.
Rather, at all times relevant, Dr. Conroy's care and treatment of Plaintiffs' Decedent
Jerry Carbo, was at all times appropriate and reasonable for the provision of oncology
services and in obtaining informed consent. All said allegations are denied as
5
conclusions of law and are further denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
37. Admitted.
38. Denied. It is specifically denied that Answering Defendants were
negligent. To the contrary at all times relevant they acted with the requisite standard of
care. Moreover, all allegations of damages plead in Subparagraphs a-h of this
paragraph are denied as after reasonable investigation, Answering Defendants are
without sufficient knowledge or information to form an opinion or belief as to the truth or
falsity of the allegation contained therein. Moreover, all said allegations are denied
pursuant to Pa. R.C.P. 1029(e) and as conclusions of law. All allegations are placed at
issue and strict proof thereof is demanded at time of trial.
FIRST CAUSE OF ACTION: WRONGFUL DEATH ACT
Plaintiff Feme Carbo. Executrix of the Estate of Jerrv A. Carbo v. All Defendants
39. Answering Defendants incorporate their responses to Paragraphs 1-38 of
the Plaintiffs' Complaint as if set forth herein at length.
40-46. Denied. After reasonable investigation, Answering Defendants are
without sufficient knowledge or information to form an opinion or belief as to the truth or
falsity of the allegations contained in these paragraphs. Moreover, Answering
Defendant specifically deny all allegations of negligent acts and omissions as
Answering Defendant acted with the requisite standard of care at all times relevant. By
way of further answer, all said allegations are denied as conclusions of law and are
6
denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict
proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendants demand judgment in their favor and
against all other parties together with costs.
SECOND CAUSE OF ACTION: SURVIVAL ACT
Ferne Carbo. Executrix of the Estate of Jerry A. Carbo Y. All Defendants
47. Answering Defendants incorporate their responses to Paragraphs 1-46 of
Plaintiffs' Complaint as if set forth herein at length.
48-52.
Denied. After reasonable investigation, Answering Defendants are
without sufficient knowledge or information to form an opinion or belief as to the truth or
falsity of the allegations contained in these paragraphs. Moreover, Answering
Defendant specifically deny all allegations of negligent acts and omissions as
Answering Defendant acted with the requisite standard of care at all times relevant. By
way of further answer, all said allegations are denied as conclusions of law and are
denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict
proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendants demand judgment in their favor and
against all other parties together with costs.
COUNT I: NEGLIGENCE
Ferne Carbo. Executrix of the Estate of Plaintiffs Y. Defendants. Li Min Liu. M.D.
And Central PA Hematoloay & Oncoloay Associates. P.C.
53. Answering Defendants incorporate their responses to Paragraphs 1-52 of
Plaintiffs' Complaint as if set forth herein at length.
7
54. Denied. All allegations of negligence on the part of Dr. Liu and Central PA
Hematology as set forth in Subparagraphs a-p of Plaintiffs' Complaint are specifically
denied as Answering Defendants acted with the requisite standard of care at all times
relevant. All said allegations are denied as conclusions of law and pursuant to Pa.
R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded
at time of trial.
55-57.
Denied. The allegations contained in these paragraphs of Plaintiffs'
Complaint are denied as conclusions of law and are denied pursuant to Pa. R.C.P.
1029(e). All allegations are placed at issue and strict proof thereof is demanded at time
of trial. All allegations of vicarious liability as contained in Paragraphs 56 and 57 of
Plaintiffs' Complaint are denied as conclusions of law and are denied pursuant to Pa.
R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded
at time of trial.
COUNT II: NEGLIGENCE
Feme Carbo. Executrix of the Estate of Jerry A. Carbo v. John D. Conroy. Jr.. D.O.
and Central PA Hematoloay and Oncoloay Associates. P.C.
58. Answering Defendants incorporate their responses to Paragraphs 1-57 of
Plaintiffs' Complaint as if set forth herein at length.
59. Denied. All allegations of negligence on the part of Dr. Liu and Central PA
Hematology as set forth in Subparagraphs a-p of Plaintiffs' Complaint are specifically
denied as Answering Defendants acted with the requisite standard of care at all times
relevant. All said allegations are denied as conclusions of law and pursuant to Pa.
8
R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded
at time of trial.
60-62.
Denied. The allegations contained in these paragraphs of Plaintiffs'
Complaint are denied as conclusions of law and are denied pursuant to Pa. R.C.P.
1029(e). All allegations are placed at issue and strict proof thereof is demanded attime
of trial. All allegations of vicarious liability as contained in Paragraphs 56 and 57 of
Plaintiffs' Complaint are denied as conclusions of law and are denied pursuant to Pa.
R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded
at time of trial.
COUNT III: NEGLIGENCE
Feme Carbo. Executrix of the Estate of Jerry A. Carbo v.
Holy Spirit Hospital and Holy Spirit Health System
63-65.
Denied. Answering Defendants incorporate their responses to
Paragraphs 1-62 as if set forth herein at length. Moreover, the allegations contained in
these paragraphs are directed to a party other than Answering Defendants and
accordingly no response is deemed required. However, to the extent a response is
deemed required by Answering Defendants, it is specifically denied that Dr. Conroy and
Dr. Liu were agents, servants and employees and/or ostensible agents of Defendant
Holy Spirit Hospital. To the contrary they were independent contractor physicians with
privileges to practices a Holy Spirit Hospital. All allegations are also denied as
conclusions of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are
placed at issue and strict proof thereof is demanded at time of trial.
9
COUNT IV: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Feme Carbo. Executrix of the Estate of Jerrv A. Carbo v. John D. Conroy. Jr.. D.O.
66. Answering Defendant incorporates his responses to Paragraphs 1-65 of
Plaintiffs' Complaint as if set forth herein at length.
67. Admitted. It is only admitted that the medical records reflect that on
January 15, 2003 Plaintiffs' Decedent Jerry Carbo was a patient at Holy Spirit Hospital.
68. Denied. It is specifically denied that on January 15, 2003 Dr. Conroy
entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in the
presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
69. Denied. It is specifically denied that on January 15, 2003 Dr. Conroy
entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in the
presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
70. Denied. It is specifically denied that on January 15, 2003 Dr. Conroy
entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in the
10
presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
71. Denied. It is specifically denied that on January 15, 2003 Dr. Conroy
entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in the
presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
72. Denied. It is specifically denied that on January 15, 2003 Dr. Conroy
entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in the
presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
73-78. Denied. It is specifically denied that on January 15, 2003 Dr.
Conroy entered Plaintiff's hospital room and proceeded to verbally abuse Mr. Carbo in
the presence of his wife, son and daughters. To the contrary, at all times relevant, Dr.
11
Conroy acted in a reasonable and appropriate manner in obtaining informed consent
from Plaintiffs' Decedent Jerry Carbo. By way of further answer, all allegations are
denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All
allegations are placed at issue and strict proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendants demand judgment in their favor and
against all other parties together with costs.
NEW MATTER
79. Plaintiffs' claims are barred and/or limited because of the conduct of
plaintiff under the doctrines of comparative negligence and/or assumption of the risk.
80. Plaintiffs' claims are barred and/or limited by virtue of the consent signed
by Plaintiff, under the doctrines of release and consent.
81. Plaintiffs' claims are barred and/or limited because the injuries allegedly
sustained are the result of some person, party or entity over whom Answering
Defendants have no control.
82. If there is a judicial determination that Pa. R.C.P. 238 is constitutional,
said constitutionality being expressly challenged as being in violation of the Due
Process and Equal Protection clauses of the 14th Amendment of the United States
Constitution, 42 U.S.C. 91983; Article I, 91,6, 11,25; and Article V, 91 O(c) of the
Pennsylvania Constitution, then liability for any interest imposed by the Rules should be
suspended during the period of time that Plaintiff:
(a) fails to convey to Answering Defendants a settlement figure;
(b) delays in responding to interrogatories;
12
(c) delays in responding to requests to produce;
(d) delays in producing Plaintiff for a deposition;
(e) delays in producing Plaintiff for a physical examination;
(f) delays in any other discovery requests made by Answering
Defendants, and as a result of any delays, Plaintiff should be estopped from obtaining
any interest because of any violation of the discovery Rules.
83. At all times material hereto, Answering Defendant(s) provided treatment to
Plaintiff in accordance with the applicable standard of care at the time and place of his
treatment.
84. Nothing done or omitted to be done by Answering Defendants was the
proximate cause of any injuries alleged by Plaintiff.
85. Plaintiffs shall have no right to recover for any amount which was paid by
a public collateral source of compensation or benefits under ~602 of the Health Care
Services Malpractice Act.
86. Plaintiffs' claim for recovery of medical expenses paid by a third party,
including an insurance carrier, is barred pursuant to ~602 of the Health Care Services
Malpractice Act.
87. Plaintiffs' Complaint failed to identify the alleged "agents, servants and
employees" who acted or failed to act at any time relevant to Plaintiffs' cause of action.
88. Inasmuch as Pa. R.C.P. 1032 provides that a party waives all defenses
not presented by way of answer, Answering Defendants, upon the advice of counsel,
hereby assert all affirmative defenses as set forth in Pa. R.C.P. 1030, those defenses to
13
include, in addition to the defenses already enumerated herein, supra, assumption of
the risk, consent, contributory negligence, discharge in bankruptcy, demise, estoppel,
failure of consideration, fair comment, illegality, immunity from suit, impossibility of
performance, justification, laches, license, payment, privilege, release, statute of frauds,
statute of limitations, truth and waiver, these said affirmative defenses are subject to
demonstration during the discovery process and proof, as relevant, at the time of trial.
WHEREFORE, Answering Defendant demands judgment in its favor and against
all other parties together with costs and attorneys' fees.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
~.< .
By:
"
//'
~~y-l
Saraj1 . Arosell, Esquire
1.0.#58797
Hugh P. O'Neill, Esquire
1.0.#69986
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7231
Date: .s/a-r05
Attorneys for Defendants Li Min Liu, M.D.,
John D. Conroy, Jr., M.D. and Central Pa.
Hematology & Oncology
14
ATTORNEY VERIFICATION
I, Hugh P. O'Neill, III, Esquire, of the law firm of THOMAS, THOMAS & HAFER,
LLP, hereby verify that we are the attorneys of record for Defendants Li Min Liu, M.D.,
John D. Conroy, Jr., M.D. and Central PA Hematology & Oncology in this case; that as
such I am authorized to make this Verification; and that the information set forth in the
foregoing Answer and New Matter to Plaintiff's Complaint is true and correct to the best of
my knowledge, information and belief.
THOMAS, THOMAS & HAFER, LLP
./,,,,--
,/'" c,.,
By: HUGH P<'NEILL, III, ESQUIRE
:357839v1
CERTIFICATE OF SERVICE
I, Susan K. Rosario, an employee of Thomas, Thomas & Hafer, llP, hereby certify that I
have served a true and correct copy of the foregoing document on the following person by
.' 2't;A.---
placing same in the United States mail, postage prepaid, on the,~ day of May, 2005:
Aaron Freiwald, Esquire
lAYSER & FREIWALD, P.C.
1500 Walnut Street, 18th Floor
Philadelphia, PA 19102
Francis E. Marshall, Esquire
DICKIE, MCCAMEY & CHilCOTE, PC
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011-3700
THOMAS, THOMAS & HAFER, LLP
)
, ~.
/ . // .
By: ~a1A / 'k;~J c. Au-,
Susan K. Rosario
:357B20v1
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