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HomeMy WebLinkAbout11-6239SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?4t?»t4, of? rl+r?brrfr?d FLED-OF FICt- A 15 Richard W Stewart Solicitor -?'? ?' a -G1FC NJ "S 1 J Chanlyr Arnold vs Case Number . Pennsboro Pediatrics, LLC (et al.) 2011-6239 SHERIFF'S RETURN OF SERVICE 08/10/2011 03:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2011 at 1505 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Pe?,??h?r? po???+??^? C, by making known unto Richard Blutstein, MD, adult in charge at Pennsboro Pediatrics, LLC at 1 S ola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. N TIM K, DEPUTY 08/10/2011 03:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2011 at 1505 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Blutstein, MD, by making known unto himself personally, at 125 N. Enola Drive, Enola, Cumberland oun y, ennsy vania 17025 its contents and at the same time han ing to im personally the said true and correct copy of the same. TIM B CK, D PUTY 08/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Medical Assistant Christine, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Medical Assistant Christine. Richard Blutstein, MD refused to accept service upon Medical Assistant Christine because it did not provide the Defendant's last name. SHERIFF COST: $80.00 August 11, 2011 SO ANSWERS, ,.-f, RON R ANDERSON, SHERIFF (c; Ccu;+fpSuite She-tf Teleesoft Inc. ??11 ??.r 14 Pid 2? v G' CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire ?tumBERL D o ey for Plaintiff Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355, Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through his parent and natural guardian CHRISTINA GOBBLE V. PENNSBORO PEDIATRICS, LLC, et al. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-6239 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Complaint for an additional thirty (30) days in the above-captioned matter. , K,04SKY 4 PENNEYS BY: SCCTT E. PI`IAM/ ESQUIRE Attorney for Plain ' ) L'i'? 00+ S 1'b. 0& d C it tea q 89 e CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through his parent and natural guardian CHRISTINA GOBBLE Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. PENNSBORO PEDIATRICS, LLC, et al NO: 11-6239 rnm to -?- ?; > - n w' rf? , CERTIFICATE OF MERIT AS TO PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSEIN, M.D. AND MEDICAL ASSISTANT CHRSITINE I, Scott E. Diamond, Esquire, certify that: ? An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR © the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate lic nsed professional is unnecessary for prosecution of the claim against this d nd SCOTT E. DIAMOND, QUIRE Date: September 12, 2011 Attorney for plaintiff CERTIFICATE OF SERVICE I, Scott E. Diamond, Esquire, attorney for plaintiffs, hereby certify that a true and correct copy of the foregoing Certificate of Merit was served via First Class Mail on September 12, 2011 on the following: Andrew H. Foulkrod, Esquire Foukrod Ellis 4000 Market Street Camp Hill, A 17011 CLEARFIELD, KOFSKY BY: P.C. ,. MA stEC CLEARFIELD, KOFSKY & PENNEYS`=?T'}1Y BY: Scott E. Diamond, Esquire M 0N Identification Number: 44449 SEP 2b 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through : h' D COUNT( Attorney for Plaintiff A la 29 -; Is parent and natural guardian COURT OF COMMON PLEAS CHRISTINA GOBBLE CUMBERLAND COUNTY V. NO: 11-6239 PENNSBORO PEDIATRICS LLC et al. - .z4. c? c AFFIDAVIT OF SERVICE OF COMPLAINT VIA MAILING PURSUANT TO ACCEPTANCE OF SERVICE ATTACHED "C N ?o c•; rr _. I, Scott E. Diamond, Esquire, hereby certify that a copy of the Complaint in Civil Action was forwarded to the Defendant, Medical Assistant Christine, by mailing a copy of same to her attorney, Andrew Foulkrod, Esquire. A true and correct copy of the signed acceptance of service is attached hereto. DATED: ?L?1 r SWORN TO AND SUBSCRIBED BEFOU ME THIS ) `- DAY OF " , 2011. NOTA Y PUBLIC CLEARFIELp;OFSKY & E. SCO .T E. AM , ESQUIRE Attgey fo Plai fs I G` COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL FAgrnes Beiland, Notary Public Philadelpha, Philadelphia C 013 mmission expires.!anuary 20, .s ACCEPTANCE OF SERVICE OF THE COMPLAINT UPON DEFENDANT MEDICAL ASSISTANT CHRISTINE M1v T1 c "b H _ N I, ANDREW FOULKROD, ESQUIRE, hereby accept service of the Complaint in Civil CLEARFIELD, KOFSKY & PENNEYS N1 AI L ;R t?' BY: Scott E. Diamond, Esquire M(i'rN?v ARY CQ'>(ney for Plaintiff Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 352 SEP 2 b A 0 2 9 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through his parent and natural guardian COURT OF COMMON PLEAS CHRISTINA GOBBLE CUMBERLAND COUNTY v. NO: 11-6239 PENNSBORO PEDIATRICS LLC et al. Action on behalf of Defendant, Medical Assistant Christine, by way of first class mail, postage prepaid. DA I-. ULKROD, ESQUIRE r CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire Identification Number: 44449 1617 john F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through his parent and natural guardian CHRISTINA GOBBLE V. Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 11-6239 PENNSBORO PEDIATRICS, LLC, et al. : N :J Z- --;3 -s gip? -i CD i-71 `a PLAINTIFFS' REPLY TO DEFENDANTS', RICHARD BLUTSTEIN, M.D., PENNSBORO PEDIATRICS, LLC AND MEDICAL ASSISTANT CHRISTINE'S PRELIMINARY OBTECTIONS TO PLAINTIFF'S COMPLAINT Plaintiffs', Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble, by and through their attorney, Scott E. Diamond, Esquire, hereby responds to Defendants' Preliminary Objections as follows: 1. Admitted. 2. Denied as moot. Plaintiffs' have filed a Certificate of Merit as to each Defendant. 3. Admitted as stated. By way of further answer, Plaintiffs' Complaint speaks for itself. Attached hereto as "Exhibit A" is a copy of Plaintiff's Complaint. 4. Admitted. 5. Admitted. A. PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY 6. Denied. Plaintiff's Complaint fairly and specifically states a cause of action against the defendant. By way of further answer, plaintiff's Complaint conforms with all requirements of the Pennsylvania Rules of Civil Procedure and applicable case law, and as such, defendant's Preliminary Objections should be overruled. 7. Denied. Plaintiff's Complaint fairly and specifically states a cause of action against the defendant. By way of further answer, plaintiff's Complaint conforms with all requirements of the Pennsylvania Rules of Civil Procedure and applicable case law, and as such, defendant's Preliminary Objections should be overruled. 8. Admitted in part; denied in part. By way of further answer, it is admitted that the statement of law is accurate, but it is denied that plaintiff's Complaint, when viewed in its entirety, does not conform to the law. 9. Denied. Plaintiff's Complaint fairly and specifically states a cause of action against the defendant. By way of further answer, plaintiff's Complaint conforms with all requirements of the Pennsylvania Rules of Civil Procedure and applicable case law, and as such, defendant's Preliminary Objections should be overruled. 10. Admitted in part; denied in part. By way of further answer, it is admitted that the statement of law is accurate, but it is denied that plaintiff's Complaint, when viewed in its entirety, does not conform to the law. 11. Denied. By way of further answer, defendant's averment is not alleging a deficiency within plaintiff's Complaint, therefore, does not require a response. However, the averment is specifically denied 12. Admitted in part; denied in part. By way of further answer, it is admitted that the statement of law is accurate, but it is denied that plaintiffs Complaint, when viewed in its entirety, does not conform to the law WHEREFORE, plaintiff respectfully request this Honorable Court overrule defendant's Preliminary Objections seeking to strike paragraphs (16) inclusive of subparagraphs (a)-(h) of plaintiff's Complaint. B. PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER TO ALL CLAIMS FOR PUNITIVE DAMAGES 13. Admitted as stated. By way of further answer, Plaintiffs' Complaint speaks for itself. Attached hereto as "Exhibit A" is a copy of Plaintiff's Complaint. 14. Admitted in part; denied in part. By way of further answer, it is admitted the recitation of that which is contained within plaintiff s Complaint, with regard to the referenced paragraphs, is an accurate reproduction. However, it is denied that when viewing plaintiff's Complaint in total, that plaintiff's Complaint fails to conform to the Pennsylvania Rules of Civil Procedure and applicable case law and, therefore, defendant's Preliminary Objections should be overruled. 15. Denied. Denied as a conclusion of law to which no responsive pleading is required. Strict proof of same is demanded at trial. 16. Denied. Denied as a conclusion of law to which no responsive pleading is required. Strict proof of same is demanded at trial. 17. Admitted in part; denied in part. By way of further answer, it is admitted that the statement of law is accurate, but it is denied that plaintiff's Complaint, when viewed in its entirety, does not conform to the law. 18. Denied. Plaintiffs' have set forth sufficient facts with regard to the fraudulent misrepresentation by the defendants to support an award of punitive damages. Under Pennsylvania law, punitive damages may be awarded only for conduct that is outrageous because of the defendant's evil motive or reckless indifference to the rights of others. Martin v. Johns-Manville Corp., 508 Pa. 154, 494 A.2d 1088,1096 (1995), citing Restatement of Torts §908(2). Plaintiffs' would argue that if the allegations of plaintiff are proven that the conduct of defendant will rise to the outrageousness or reckless indifference required to support a finding of punitive damages. Therefore, plaintiffs' should be permitted to proceed on these counts and if the conduct of defendant is proven to be otherwise, it would be appropriate for the Court to address that issue at a later date. Therefore, plaintiff would respectfully request that the claim for punitive damages remains part of plaintiff's Complaint WHEREFORE, plaintiff respectfully request this Honorable Court overrule defendant's Preliminary Objections. C. PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO STRIKE FOR LEGAL INSUFFICIENCYNAILURE TO CONFIRM TO LAW OR RULE OF COURT 19. Denied as moot. Plaintiffs' have filed a Certificate of Merit as to each Defendant. 20. Denied as moot. Plaintiffs' have filed a Certificate of Merit as to each Defendant. 21. Denied as moot. Plaintiffs' have filed a Certificate of Merit as to each Defendant. 22. Denied as moot. Plaintiffs' have filed a Certificate of Merit as to each Defendant. WHEREFORE, plaintiff respectfully request this Honorable Court overrule defendant's Preliminary Objections. By: Respectfully submitted, CLEARFI413, 7 SKY & PENNEYS , ESQUIRE AttoMev for VERIFICATION The undersigned verifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authc riff SCOTT IJ /ID] AttornWfor G` CERTIFICATE OF SERVICE Scott E. Diamond, Esquire, attorney for plaintiffs, hereby certifies that a true and correct copy of the foregoing Response to Preliminary Objections was served via First Class Mail on October 11, 2011, on the following: Andrew Foulkrod, Esquire Foulkrod & Ellis, P.C. 4000 Market Street Camp Hill, PA 1,7011 'S By: ?Xfh??T CLEARFIELD, KOFSKY & PENNEYS By: Scott E. Diamond, Esquire Attorney for Minor Plaintiff Identification No.: 44449 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (215) 563-6333 CHANLYR ARNOLD, by and through his COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA GOBBLE : CUMBERLAND COUNTY 106 5th Street Millersburg, PA 17061 V. PENNSBORO PEDIATRICS LLC 125 North Enola Drive NO. I _ 6,3 Enola, PA 17025 and RICHARD BLUTSTEIN, MD. 125 North Enola Drive ? n Enola, PA 17025 -? and r n rz? :r. -'T- --n = MEDICAL ASSISTANT CHRISTINE cn l F ' 125 North Enola Drive ? c? ? r Enola, PA 17025 ?- x• C7' ? a -rJ c E5 n CD ^3 COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 -1- GENERAL AVERMENTS 1. Plaintiff, Chanlyr Arnold, is minor adult individual who resides with his parent and natural guardian, Christina Gobbler, at the above-captioned address. 2. Defendant, Pennsboro Pediatrics LLC (hereinafter referred to as "Pediatrics") is a Corporation, licensed and authorized to conduct and transact business within the Commonwealth of Pennsylvania, with an office for service located at the above-captioned address. 3. Defendant, Richard Blutstein, M.D., (hereinafter referred to as `Blutstein"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with an office for service located at the above captioned address. 4. Defendant, Medical Assistant Christine(hereinafter referred to as "Christine'D, is an employee of co-Defendants, Pediatrics and Blustein, with an office for service located at the above captioned address. 5. At all times material hereto, Defendants were engaged through it's agents, servants, workmen and/or employees, in rendering professional medical care to their patients, and said agents, servants, workmen and/or employees were acting within the course and scope of their employment and authority for and on the business of said Defendants, and under it's control or right to control 6. Defendants owed Minor Plaintiff, Chanlyr Arnold, a duty to possess and exercise that degree of professional skill., care and knowledge ordinarily possessed and exercised by and/or required of practitioners within the health care profession and/or within their field of specialization. 7. Defendants owed Minor Plaintiff, Chanlyr Arnold, a duty to train, employ and retain on their staff, physicians who possess and exercise that degree of professional skill, care and knowledge ordinarily possessed and exercised by and/or required of practitioners within the health care profession and/or within their field of specialization. -2- 8. At all times material hereto, Defendants acted or failed to act by and through their agents, servants, workmen and/or employees who were then and there acting within the scope of their authority and course of their employment with Defendants, in furtherance of Defendants' businesses and on behalf of Defendants. 9. On or about July 1, 2009, Minor Plaintiff, Chanlyr Arnold, came under the medical care of Defendants, for medical evaluation and/or treatment. 10. On or about July 1, 2009, Defendants attempted to perform a check up when Defendants left the child unattended resulting in Minor Plaintiff falling off the examination table, causing Minor Plaintiff the injuries which form the basis for this action. 11. The aforesaid accident was due solely to the negligence and carelessness of the Defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the Minor Plaintiff. COUNT I MINOR PLAINTIFF, CHANLYR ARNOLD v ALL DEFENDANTS 12. Minor Plaintiff, Chanlyr Arnold, incorporates by reference hereto, all of the allegations contained in the General Averments, as if they were set forth at length herein. 13. Defendants owed Minor Plaintiff, Chanlyr Arnold, a duty to train, employees and retain physicians who possess and exercise that degree of special skill, care and knowledge ordinarily possessed and exercised by and/or required of practitioners within the health care profession and/or within their field of specialization. 14. The care and treatment of Minor Plaintiff, Chanlyr Arnold's condition by Defendants and/or its agents or employees, was a substantial factor in causing the serious and permanent injuries and losses more fully set forth hereinafter to Minor Plaintiff, Chanlyr Arnold. 15. Defendants breached their aforesaid duty of care by committing acts of professional negligence. -3- 16. The negligence and carelessness of the Defendants, acting as aforesaid, consisted of the following. (a) failing to provide reasonable and proper medical care; (b) failing to perform a medical procedure correctly; (c) deviating from standard medical practice; (d) failing to properly attend to Minor Plaintiff; (e) failing to properly supervise and/or train employees; (f) failing to properly document the incident; (g) failing to properly examine Minor Plaintiff after the incident, therefore causing undue pain and suffering; (h) in being otherwise careless, reckless and negligent the particulars of which are presently unknown to plaintiffs but which may be learned by discovery procedures provided by the Pennsylvania Rules of Civil Procedure or which may be learned at the trial of this case. 17. As a result of this accident, Minor Plaintiff, Chanlyr Arnold, has suffered injuries which are or may be serious and permanent in nature, including but not limited to: left distal femur fracture necessitating routine follow-up care by a specialist until Minor Plaintiff's growth plates have fused to ensure normal growth and development, as well as other injuries as may be diagnosed by Minor Plaintiff s health care providers, all of which injuries have in the past, and may in the future, cause Minor Plaintiff great pain and suffering. 18. As a further result of this accident, Minor Plaintiff, Chanlyr Arnold, has been or will be required to receive and undergo medical attention and care and to expend various sums of money -4- and to incur various expenses, and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future. 19. As a further result of this accident, Minor Plaintiff, Chanlyr Arnold, has suffered medically determinable physical and/or mental impairment, which prevents the plaintiff from performing all or substantially all of the material acts and duties that constituted the Minor Plaintiff's usual and customary activities prior to the accident. 20. As a direct and reasonable result of the accident aforementioned, Minor Plaintiff, Chanlyr Arnold, has incurred or may hereafter incur, other financial expenses that exceed or may exceed the amount which Minor Plaintiff may otherwise be entitled to recover. 21. As a further result of the accident aforementioned, Minor Plaintiff, Chanlyr Arnold, has suffered severe physical pain, mental anguish and humiliation, and may continue to suffer same for an indefinite time in the future. WHEREFORE, Minor Plaintiff, Chanlyr Arnold, demands judgment against the Defendants, jointly and/or severally, for damages, in an amount in excess of the arbitration limits, plus interest and costs. BY: -5- VEAICATION hereby verify that I am the _?_ in the attached and that the facts set forth herein are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the Penalties of the 18 PA C.S. §4904, relating to unsworn falsification to authorities. NA E: ADDRESS: o 'er ?? . m;1 ?rC c 1---)(A YMMl DATE: C1 ??, t COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Plaintiff(s), VS Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. C") C CIVIL DIVISION MCD Case No: 11-6239 -vrn A Cd ?E )> =C) C) N CD -9 rn r-n K Andrew H. Foulkrod, Esquire, attorney for the Defendant(s), intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe served; To: Custodian Of Records Orthopedic Institute of Pennsylvania 3399 Trindle Rd. Camp Hill, PA 17011 Custodian Of Records Pinnacle Health Hospitals/Medical Records Department 111 S. French St. Harrisburg, PA 17101 Custodian Of Records Penn State Milton S. Hershey Medical Center/Medical Records Department 500 University Dr. Hershey, PA 17033 Custodian Of Records Penn State Milton S. Hershey Medical Center/Billing Department 500 University Dr. Hershey, PA 17033 Custodian Of Records Pinnacle Health Hospitals/Billing Department 111 S. French St. Harrisburg, PA 17101 Custodian Of Records Pinnacle Health Hospitals/Radiology Department 111 S. French St. Harrisburg, PA 17101 W.O. # 217500 Pagel of 3 ,?_-?_lw Custodian Of Records Penn State Milton S. Hershey Medical Center/Radiology Department 500 University Dr. Hershey, PA 17033 Date: 10/12/2011 Respectfully submitted, /S/ Andrew H. Foulkrod Andrew H. Foulkrod, Esquire (SBN: 77394) Foulkrod Ellis 4000 Market St. Camp Hill, PA 17011 Phone: (717) 909-7006 Attorney for Defendant(s), Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. W.O. # 217500 Page 2 of 3 I HEREBY CERTIFY that on this 12th day of October, 2011, a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was mailed, postage prepaid, via First Class Mail to: Scott E. Diamond, Esquire Clearfield, Kofsky & Penneys 1617 JFK Blvd., Suite 355 Philadelphia, PA 19103 Attorney for Plaint(s) /S/ Andrew H. Foulkrod Andrew H. Foulkrod, Esquire (SBN: 77394) Foulkrod Ellis 4000 Market St. Camp Hill, PA 17011 Phone: (717) 909-7006 Attorney for Defendant(s), Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. W.O. # 217500 pa---, Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plaintiff(s), CIVIL ACTION VS. Case No.: 11-6239 Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A., Defendant(s). As a prerequisite to service of a subpoena for documents and things pursuant to Rule 400922, Andrew H. Foulkrod, Esquire, attorney for the Defendant(s), certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and; (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 11/1/2011 /S/ Andrew H. Foulkrod Andrew H. Foulkrod, Esquire (SBN: 77394) Foulkrod Ellis 4000 Market St. Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendant(s) Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. W.O. # 217500 Page 1 of I ps_cpf" COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plaintiff(s), VS. Penusboro Pediatrics, LLC, Richard N. Blutstein, M.O. and Christine Jones, M.A., Defendant(s). CIVIL ACTION Case No: 11-6239 TO: Custodian of Records, Orthopedic Institute of Pennsylvania, 3399 Trindle .Rd., Camp Hill, PA 17011 Re: Chanlyr James Arnold .DOB: 12"17/2008 SSN: UNKNOWN Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:. Billing Records; Medical Records; X-Rays / MRis / CT scans; See. "Attachment A." at Second Image National, 1805 Monument Ave-, Ste. 208, Richmond, VA 23220, Fax: (boa) 611-4555 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 address fisted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought; If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT TiHE REQUEST OF THE FOLLOWING PERSON: Andrew H. Foulkrod, Esquire (SBN: 77394) Foull.rod Ellis 4000 Market St. Camp Hill, PA 17011. Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO., 77394 Atlorney for Defendant(s), Pennsboro Pediatrics, L LC, Richard N. Blutstein, M:D. and Christine 3vnes;lvl,A:. BY THE COURT: Date :alL y Seal,ofEhe Court L/ Pr onotarylClerk, Civil Division . f,. ?lmh' W.O. 4 217566-001 page 1071, pjw Attachment A Records for: Chanlyr JamesArnold DOW 12t27/2008 SSN: UNKNOWN Complete medical records, billing records, and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical. reports, doctor's entries, nurse's notes, progress reports, cardiology reports,.radiology reports, .x-ray reports, MRI reports; lab reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, admit and discharge records, charges, explanation of benefits, payments, adjustments, write-offs, balances due, itemized billing. charges, X-rays, MRI's, CT's, m.yelograms, tomograms, MBA's, PET scans, CAT scans, fluoroscopy, documents including sign-out sheets or communications which. demonstrate that any items were checked out from or removed from your facility, radiology reports, x-ray reports, MRI reports, CT reports, myelogM.reports, cardiology reports, and any other radiology reports. All approved radiology images must be produced on film. or on a DICOM compliant CD only. Prior to duplication, please provide a breakdown of all radiology images in your possession, custody, or control. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including 'secure messages'. W. 0. # 21750"o 1' Paga 2 0a W.O. # 217500-001 Commonwealth of Pennsylvania . County of Cumberland In the matter of: COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintiffi (Demandante) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service Jsr On the I day of G i?-l n7 6.e r"' , Yr. I, ` V P f-? 17'IU served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: 5/Certified mail to: Person served (name) Address where served: 3399 Trindle Rd. Camp Hill, PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. // Dat ! M Date Name of Witness .4,gnature Name of Person Served ?ustodian of Records FOOrthopedic Institute of Pennsylvania 10.200 (Rev. 7/94) (Reverse) wd! m• COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plaintiffs} CIVIL ACTION VS. Pennsboro Pediatrics, LLC, Riehard.N. Blutstein, M.D. and Christine !ones, M.A., Defevdaat(s) Case No: I1-6239 TO: Custodian of Re=ds, Penn State Milton S. Hershey Medical Center/Medical Records Depw mem, 500 University Dr. Hershey, PA 17033 Re Chanlyr James Arnold DOB: 12!2712008 SSN: UNKNOWN Within twenty (213) days after service of this subpoena, you are ordered by the court to produce the following documents or things; Medical Records; See. "Attachment A." at Second Image National, 1805 Monument Ave., Ste, 208, Richmond, VA 23220, Fax: (800) 6114555 You tray deliver or mail legibie copies of the documents or pxoduee things requested by this subpoena, together with the certificate of compliance, to the address listed above. You bane the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with. it. THIS Subpoena WAS ISSUED AT THE REQUEST Off' THE FOLLOWING PERSON: Andrew H. Foulkrod, Esquire (SBN: 77394) Foulkrod Ellis 4000 Market St. Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: ('717) 409-6955 SUPREME COURT ID NO.: 77394 AttorneyforDefea4.4, its) Pemsboro.Pefttrihs LLC, Richard N. Blutstein, M.D. and Christine .lopesdVf:A.. BY THE COURT: 611r., . . - 1 6.4 led Dater w S o£ {he CoW ProthonotxrylCletlC, Civil Division W.O..A 217-500-002 Page I d2 P--Px Attachment A Records for: Chanlyr James Arnold DOI3:12RMOOS SSN: UNk114OWN Complete medical records Erom first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doctor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelograrn reports, tab reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and adroit and discharge records. All emails between physicians and the patient regarding physical complaints, symptomis, and treatment, including'secure messages'. To include any and all records from .AKA: Hershey Medical Center. W.O. # 217500-002 Page 2 of 2 ,& W.O. # 217500-002 Commonwealth of Pennsylvania County of Cumberland In the matter of: COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plainti (Demandante) vs. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service On the day of 1?1wo , Yr. I, IVI1-k L7 ? served with the foregoing subpoena by (describe the method of service): 1Personally delivering a copy to: ID/Certified mail to: Person served (name) : Address where served: 0 19'C'ustodian of Records 6 Penn State Milton S. Hershey Medical Center/Medical Records 500 University Dr. Hershey, PA 17033 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date Signature Name of Witness Name of Person Served 10.200 (Rev. 7199) (Reverse) m0--= COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Cbanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plaintlff(a), CIVIL ACTION VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A.., Defendant(s). Case No: 11-6239 TO: Custodian of Records, Perm State Milton S. Hershey Medical Center/Billing Department, 500 University Dr., Hershey, PA 17033 Re: Chanlyr James Arnold DOB: 12/2712008 SSN: UNKNOWN Within twenty (2.0) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Billing Records; See, "Attachment A. at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax:: (800) 511-4553 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 address listed above. You have the right to seek: in advance the reasonable wst of preparing the copies or producing the things sought. If you. fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TRIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Andrew H. Foulkrod, Esquire (SBN: 77394) Foulkrod Ellis 4004 Market St. Camp Hill, PA 1.7011 Phone: (717) 909-7006 Fax: (717) 909.6955 SUPREME COURT ID NO.: 77394 Attorney for Defendant(s), Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. BY THE COU Date S .of the Court Prothonotar3'. ICleik, Civil Division Deputy W. . # 217500-003 Page I of 2 ,...« Attachment A Rmords for: Chanlyr James Arnold DOB: 12WINM SSW: ITMOOWN Complete billing records from the first date of treatment to the present., including but not limited to any records/documents that may be stored digitally and/or electronically: charges, explanation of benefits, payments, adjust wets, write-offs, balances due; and itemized bil ling charges pertaining to any and all care, treatment, and/or examinations. All emails between physicians and the patient regarding physical compJ.aints, symptoms, and treatment, including'secure messages'. To include any and all records from AKA_ Hershey Medical Center. WA 4 217304-0 Pw 2 n 2 p.00 W.O. # 217500-003 Commonwealth of Pennsylvania County of Cumberland In the matter of COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintiff) (Demandable) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service r 1 On the f 5 day of Lt V I /77 , Yr. served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: F2 Certified mail to: Person served (name) : Address where served: E]--Custodian of Records Penn State Milton S. Hershey Medical Center/Billing Department 500 University Dr. Hershey, PA 17033 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, § 4904 relating to unworn falsification to authorities. Date Name of Witness Name of Person Served 10-200 (Rev. 7194) (Reverse) a'°Lj0' COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plain#iff(s), CIVIL. ACTION i VS. Case No: 11-6239 Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. ` and Christine Jones, M.A., Defendant(a?_ SIJRPOENA TO PROD r g -ITAMNIS OR THINGS FOR jai VTRY. P JRSII NT O R AX 400%22 TO: Custodian of Records, Penn State Milton S. Hershey Medical Center/Radiology Depwiment, 500 University Dr., Hershey, PA 17033 Re: Chanlyr James Arnold DOB: 12/27/2008 SSM UNKNOWN Within twenty (20) days after service of this subpoena, you are ordered by the court to. produce the following documents or things: X-Rays I MR] s I CT scans See. Attachment A." at Second Image National, IM Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, togtter with the certificate of compliance, to the address listed above. You have the right to seek in advance the reasonable cost of preparing the wpies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON; Andrew H. Foidk:rod, Esquire (SBN- 77394) Foulkrod Ellis 4000 Market St. Camp Hill, .PA 17011 Phone: (717) 909-7006 Fax: (71.7) 909-6955 SUPREME COURT III NO.: 77394 Attorney far Defendant(s), Fennsboro Pediatrics, LLC, Richard N. Blutstein, M.D, and Christine Jones, M.A. BY THE COURT: r Date S,e of the Court onotary er , ivi Division c? Deputy W A-M .O. # 2175(XWX- 4 C i of 2 Attacbment A Records for: Chanlyr James Arnold DOB: 1212712008 SSN: UNKNOWN Complete radiological images of any sort from the first date of treatment to the present, including but not limited to any items that may be stored digitally and/or electronically: x-rays, MR['!;, CT's, myelograms, tninograms, MftA's, PET scans, CAT scans, fluoroscopy, documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your.facility, radiology reports, x-ray reports, MIU reports, CT reports, myeloW= reports,. and any other radiology reports. All. approved radiological images must be produced on film or on a DICOM compliant CD only. Prior to duplication, please provide a breakdown of all radiology images im your possession, custody; or control. All emails between physicians and the patient regarding physical. complaints, symptoms, and treatment, including'secure messages': To include any and all records from. AKA: Hershey Medical Center. W.O. # 175-004 Page 2 a2 w-1- W.O. # 217500-004 Commonwealth .of Pennsylvania County of Cumberland In the matter of: COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintifig (Demandante) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service On the ! 51' day of J I?VVM Yr. I, Y?-e I 1 -e L 161e -- served with the foregoing subpoena by (describe the method of service): F Personally delivering a copy to: Lam, ertifred mail to: Person served (name) : Address where served: Custodian of Records State Milton S. Hershey Medical Center/Radiology Department 500 University Dr. Hershey, PA 17033 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) ° OLM COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Vs. Plaintiff(s), CIVIL ACTION 1 Case No: 11-6239 Pennsboro Pediatrics, LLC, Richard N. bl.utstein, M.D. and Christine Jones, M.A., Delendsnt(s) rSIMPO NA TO :PRODUCS_>r S oR THNS EUR DISCOVERY EM DIX 4000.22 TO: Custodian of Records; Pinnacle Health. Hospita]s/Medical Records Department, 111, S. French St., Harrisburg, PA 17141 Re: Chanlyr James Arnold DOB: 12/2712048 SSN: UNKNOWN Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; See. "Attachment A." at Second Image National, 1905 Monument Ave., Ste, 208, Richmond, VA 23220, Fax: (800) 611.4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoenas, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Andrew H. '1 oulkrod, Esquire (ON: 77394) Foulkrod Ellis 4000 Market St. CampHill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 77394 AItorney for Defendant(s), Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and ,Christine Jones, M.A' BY THE COURT: Date r SO@ Of the Court Prothonotary/C er Civil Division r a.".,Ysty ? W. O. 217500-005 Page 1 of 2 Attachment. A Records for: Chaulyr James Arnold DOB: 1211712008 S5N: UNKNOWN Complete medical records from first date of treatment to the present, including but not limited to any records/documents.that may be stored digitally and/or electronically: documents, medical reports, doctor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reportsy MU. reports, CT reports, myel.ogram reports, lab reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and admit. and discharge records. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including'secure messages'. To include any and all records from P.O. Box 8700, Harrisburg, PA 17105. W.O. #217 0405 )-.#& Page 2 of 2 W.Q. # 217500-005 Commonwealth of Pennsylvania County of Cumberland In the matter of: COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintiff) (Demandante) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service On the day of O , Yr., 1,? H' ?P ?!( pl `?i , served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: FD/Certified mail to: Person served (name) : Address where served: M Harrisburg, PA 17101 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. //// bi D to Name of Witness Custodian of Records ER/ 61, Pinnacle Health Hospitals/Medical Records Department 111 S. French St. Name of Person Served me 10.200 (Rev. 7199) (Reverse) COMMONWEALTH OF PENNSYLVANIA, COUNT' OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Ptain:tiff(s), CIVIL ACTION 's Case No: 11-6239 Pennsboro Pediatrics, LLC, Richard. N. Blutste4 M.D. and Christine Jones, M.A., Defendant(s). SSJBP(31F':1VA IQ P'? D If; E TS OR. THINGS FOR. DiSC_OME.RY ,I3l25I.1_ANT TO RULF_. dU04.22 TO: Custodian of Records, Pinnacle Health Hospitals/Billing Depamnent, 111 S. French St., Harrisburg, PA 17101 Re: Chanlyr James Arnold DOB: 1 212 712 0 08 SSN: UNKNOWN Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: Billing Records; See. "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You may deliver or mail legible copies of the documents of produce things requested by this subpoena, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek. a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Andrew H. Foulkrod, Esquire (SBN: 77394) FoWkrod Ellis 4000 Market St. Camp Mill, PA 1701:1 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 77394 Attorneyfor Defendant(.s), Pennsboro Pediatrics, LLC, Richard N, Blutstein, M.D. and. Christine Jones, M.A. BY THE COUR : 1 Date; icdak Se orthe Court Prothonotary/Clerk, Civil Division (--Deputy W k . 2175004)06 06 Page 1 of 2 Attachment A Records fort Chanlyr James Arnold DOB:12127/2408 SM UNKNOWN Complete billing records from the first date of treatment to the present, including. but not limited to any records/documents that may be stored digitally and/or electronically: charges, explanation of benefits, payments, adjustrnents, write-offs, balances due, and itemized billing charges pertaining to any and all care, treatment, and/or examinations. All emads between physicians and the patient regarding physical complaints, symptoms, and treatment, includin8'secure messages'. To include any and all records from P.D. Box 8700, Harrisburg, PA 17105. W.Q. # 217500.006 Page 2 of 2 P.-A W.O. # 217500-006 Commonwealth of Pennsylvania County of Cumberland In the matter of:- COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintifji (Demandante) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service On the day of 11'7 12'2 , Yr.? , &Veff? I=y'? , served with the foregoing subpoena by (describe the method of service): ? Personally delivering a copy to: i? Eklc'ertified mail to: Person served (name) : Address where served: 0 Dustodian of Records Fj;.- innacie Health Hospitals/Billing Department 111 S. French St. Harrisburg, PA 17101 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dat Name of Witness Name of Person Served 10.200 (Rev. 7/99) (Reverse) „W-,,, CONIMONWEALTH OF PENNSVLVkN- '1A, COUNTY OF CUMBERLAND Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble, Plaintiff(s), I CIVIL ACTION vs. `{ Case No: 11-6239 Pennsboro Pediatrics, LLC, Richard N. BlutsteA M.D. and Christine Jones,.M.A., Defendant(s). TO: Custodian of Records,. Pinnacle Health Hospitals/Radiology Department, 111 S. French St., Harrisburg, PA 11101 Re: Chanlyr James Arnold DOB: 12/27/2008 SSN'. UNKNOWN Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: X:Rays i his / CT scans;.'See. "Attachment A." at Second Image National, 1W Monument Ave., Ste. 208, Richmond, VA 23220, Fax:: (900) 611-4555 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 address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSLTD AT THE REQUEST OF THE FOLUDWING PERSON: Andrew H. Coulkrod, Esquire (SBN: 773") Foulkrvd Ellis 4000 Market St. Camp Hill, PA 17011 Phone: (717) 909-7606 Fax: (717) 909-6955 SUPREME COURT ID NO.: 77394 Attorney for Defendant(s), Pennsboro Pediatrics, LC, Richard N. Blutstein, M.D. and Christine Jones, M.A. BY THE COURT: i -Z"j Date : tp. Coe, Seal f the Court Prothonotary/Cler c, Civil. Division epmy W O. # 2173[W)17 age t of 2 00 Attachment A Records for: Chanlyr James Arnold DOB: 1=712008 SSN: UNKNOWN Complete radiological images of any sort from the first date of treatment to the present, including but not limited to any items that may be stored digitally and/or electronically: x-rays, MRI's, CT's, myelograms, tomograms, MBA's, PET scans, CAT scans, fluoroscopy, documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, radiology reports, x-ray reports, '.MRI reports, CT reports, myelogram reports, and any other radiologry reports. All approved radiological images must be produced on film or on a DICOM compliant CD only. Prior to duplication, please provide a breakdown of all radiology images in your possession, custody, or control. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including'secure messages'. To include any and all records fr omP.O. Box 8700, Harrisburg, PA 17105. W.O. # 217500-007 Page 2 of 2 W.O. # 217500-007 Commonwealth of Pennsylvania County of Cumberland In the matter of: COURT OF COMMON PLEAS Chanlyr Arnold, by and through his parents and natural guardian, Christina Gobble Case No.: 11-6239 (Plaintiffi (Demandante) VS. Pennsboro Pediatrics, LLC, Richard N. Blutstein, M.D. and Christine Jones, M.A. (Defendant) (Demandado) Return of Service / On the 5r- day of 1? 'I'1 ?Jtp , Yr., I, `?Ve served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name) : Address where served: ? P Custodian of Records Pinnacle Health Hospitals/Radiology Department 111 S. French St. Harrisburg, PA 17101 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. // // h( Da e Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) v..??. FOULKR OD ELLIS - is P COKAQ 6al- r r n E g, , Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire - Attorney I.D. #75898 4000 Market Street Attorney for Defendants Camp Hill, PA 17011 Richard Blutstein, M.D., Phone: (717) 909-7006 Pennsboro Pediatrics, LLC Fax: (717) 909-6955 And Christine Jones CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6?39 CIVIL TERM V. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES NOTICE TO PLEAD TO: Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble c/o Scott E. Diamond, Esquire Clearfield, Kofsky&Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 YOU ARE HEREBY NOTIFIED to plead to the attached NEW MATTER OF DEFENDANTS, RICHARD BLUTSTEIN, M.D., PENNSBORO PEDIATRICS, LLC and CHRISTINE JONES within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: tt 1411 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION By: I Andrew H. Foulkrod Attorney I.D. No. 77394 andrewcfoulkrod.com Darlene K. King Attorney I.D. No. 75898 darlene(a?,foulkrod.com FOULKROD ELLIS pie 1-,- Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Attorney for Defendants Phone: (717) 909-7006 Richard Blutstein, M.D., Fax: (717) 909-6955 Pennsboro Pediatrics, LLC and Christine Jones CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM V. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES ANSWER AND NEW MATTER OF DEFENDANTS RICHARD BLUTSTEIN, M.D., PENNSBORO PEDIATRICS, LLC AND CHRISTINE JONES TO PLAINTIFF'S COMPLAINT AND NOW come Defendants, Richard Blutstein, M.D., Pennsboro Pediatrics, LLC and Christine Jones ("Answering Defendants"), by and through their counsel, Foulkrod Ellis, P.C., and hereby file this Answer to Plaintiff's Complaint as follows: Denied. After reasonable investigation, Answering Defendants lacks knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraphs of Plaintiff's Complaint; therefore, the averments are denied and strict proof thereof is demanded at trial. 2. Admitted. Admitted. 4. Admitted. 5. Denied. The corresponding allegations are denied as conclusions of law to which no responsive pleading is required. To the extent a response is required, Answering Defendants specifically deny that Answering Defendants were acting by and through any unidentified agents, servants, employees and/or ostensible agents, and strict proof thereof is demanded. 6.- 7. Denied. The corresponding averments of Plaintiff's Complaint are denied as conclusions of law to which no responsive pleading is required. 8. Denied. The corresponding allegations are denied as conclusions of law to which no responsive pleading is required. To the extent a response is required, Answering Defendants specifically deny that Answering Defendants were acting by and through any unidentified agents, servants, employees and/or ostensible agents, and strict proof thereof is demanded. 9.- 11. Denied. The corresponding averments of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. By way of further response, all allegations of negligence directed toward Answering Defendants are specifically denied. To the contrary, at all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries alleged. COUNTI MINOR PLAINTIFF, CHANLYR ARNOLD v. ALL DEFENDANTS 12. Answering Defendants incorporate by reference the responses to the allegations contained in the foregoing paragraphs of Plaintiff's Complaint as though fully set forth herein at length. 11-15. Denied. The corresponding averments of Plaintiff's Complaint, including subparagraphs, are denied pursuant to Pa.R.C.P. No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial. By way of further response, all allegations of negligence directed toward Answering Defendants are 2 VERIFICATION I, Christine Jones, medical assistant, hereby certify that I have read the foregoing Answer and New Matter of Defendants, Richard Blutste in, M.D., Pennsboro Pediatric and Christine Jones to Plaintiff's Complaint, which has been drafted by my counsel on my behalf and that the facts set forth therein are true, and correct to the best of my knowledge, information and beiief. This statement and Verification are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn fabrication to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.A. §4904. Date: C2 Christine Jones, Medic ssistant ?? FOULKROD ELLIS d a&- P-P"&- Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants Phone: (717) 909-7006 Richard Blutstein, M.D., Fax: (717) 909-6955 Pennsboro Pediatrics, LLC, and Christine Jones CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM V. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES 'x T r ^ s?- s ,PRAtCtPE 10 FILE ST??T A'I?I???T??????? TO THE PROTHONOTARY: Kindly file of record the attached Stipulation of Counsel regarding the above-referenced matter. Date: FOULKROD ELLIS By: Andrew H. Foulkrod, Es ire Attorney I.D. No. 77394 Darlene K. King, Esquire Attorney I.D. No. 75898 FOULKROD ELLIS PWO44"d rlil- Andrew H. Fouikrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants Phone: (717) 909-7006 Richard Blutstein, M.D., Fax: (717) 909-6955 Pennsboro Pediatrics, LLC, and Christine Jones CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM V. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES STIPxJLA`Tl<bN OF C•c?:??'. ??? _ ,? Plaintiff, Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble, by and through his counsel, Scott Diamond, Esquire, and Defendants, Pennsboro Pediatrics, LLC, Richard Blutstein, M.D. and Christine Jones, by and through their counsel, Darlene K. King, Esquire, hereby stipulates and agree as follows: 1. Counsel executing this Stipulation hereby represent and warrant that they are authorized to do so by their respective clients. 2. Paragraph 16(h) of Plaintiff s Complaint shall be stricken in its entirety. 3. Any and all claims for punitive damages are withdrawn with prejudice. 4. A new Certificate of Merit based on the statement of an appropriate licensed professional required by 1042.3(a)(1) will be filed within twenty (20) days. Dec. 15. 20 11 9.17AM No. 4694 P. 4/4 5. This Stipulation may be executed in counterparts and "I be considered effective when signed by all counsel, even though signed on separate spat= pages, and may be filed of record Facsimile or photocopy reproduction of signatures shall have the effect of original sites. IN WITNESS WDEREOF, the parties, by tluir counsel, have caused this Stipulation to be executed and intend to be legally bound thereby. By: Scott E. Squire Suite 355 Philadelp03 1617 M7plt,91 Attorney Date: /i By: FOULKROD E UIS Profeasiomal Corpo wfon Andrew H. Foulla+od, Esquire Darlene K. King, Esquire 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants, Pennsboro Pediatrics, LLC, Richard Blutsteh; UD, and Christine Jones Date: 5. This Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel, even though signed on separate signature pages, and may be filed of record. Facsimile or photocopy reproduction of signatures shall have the effect of original signatures. IN WITNESS WHEREOF, the parties, by their counsel, have caused this Stipulation to be executed and intend to be legally bound thereby. By: By: FOULKROD ELLIS Professional Corporation Scott E. Diamond, Esquire 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 Attorney for Plaintiff Date: Andrew H. Foulkrod, E uire Darlene K. King, Esquire 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants, Pennsboro Pediatrics, LLC Richard Blutstein, M.D. and Christine Jones Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of -?-,?- 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Clearfield, Kofsky&Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 Attorney for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION By: r Crystal L. Nemetz, Secretary CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 'jay of 2012, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Clearfield, Kofsky&Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 Attorney for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION By: 0"-J?A/v Crystal L.:.'iemetz, Secretat CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through `0 Tik Attorney for Plaintiff PN 1) 'N SYa VAN11A his parent and natural guardian COURT OF COMMON PLEAS CHRISTINA GOBBLE CUMBERLAND COUNTY V. NO: 11-6239 PENNSBORO PEDIATRICS, LLC, et al PLAINTIFF'S REPLY TO DEFENDANT, RICHARD BLUSTEIN. M.D., PENNSBORO PEDIATRICS, LCC AND CHRISTINE JONES' NEW MATTER TO PLAINTIFF'S COMPLAINT Plaintiff, Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble, by and through thier attorney, SCOTT E. DIAMOND, ESQUIRE, hereby responds to Defendants, Richard Blustein, M.D., Pennsboro Pediatrics, LLC and Christine Jones, as follows: 22 - 29. Denied. Denied as a conclusion of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent an answer is required, after reasonable investigation, plaintiff is without the knowledge or information sufficient to form a belief as to the truth of the averments contained in these paragraphs. Accordingly, strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiffs requests this Honorable Court to deny Defendants' New Matter, and enter judgment in their favor and against the Defendants. BY: VERIFICATION I, SCOTT E. DIAMOND, ESQUIRE, hereby verify that I am the attorney for Plaintiff in the attached REPLY TO NEW MATTER, and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. BY: DATED: June 12, 2012 CLEARFIELD, KOFSKY & PENNEYS BY: Scott E. Diamond, Esquire Identification Number: 44449 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 CHANLYR ARNOLD, by and through his parent and natural guardian CHRISTINA GOBBLE V. PENNSBORO PEDIATRICS, LLC, et al. : Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-6239 CERTIFICATE OF SERVICE I, Scott E. Diamond, Esquire, attorney for plaintiffs, hereby certify that a true and correct copy of the foregoing Reply to Defendants' New Matter to Plaintiff's Complaint was served via First Class Mail on June 12, 2012 on the following: Andrew H. Foulkrod, Esquire Foukrod Ellis 4000 Market Street Camp Hill, A 17011 CLEARFIELD, YS, P.C. BY: I- . I i FOULKROD ELLIS pZOoOOfOKQLAGOIf Andrew H. Foulkrod, Esquire C4'11 ; Attorney I.D. #77394 ,1U CelY 4000 Market Street '' , Iw31S Y ,',11 Camp Hill, PA 17011 Attorney for Defendants Phone: (717) 909-7006 Richard Blutstein, M.D. and Fax: 717 909-6955 Pennsboro Pediatrics, LLC CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM V. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND MEDICAL ASSISTANT CHRISTINE TO THE PROTHONOTARY: Kindly withdraw the appearance of Darlene K. King, Esquire on behalf of Defendants, Richard N. Blutstein, M.D., Medical Assistant Christine and Pennsboro Pediatrics, LLC, in the above-captioned action. Darlene K. King, Es ire Court I.D. No. 75898 TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Foulkrod, Esquire on behalf of Defendants, Richard N. Blutstein, M.D., Medical Assistant Christine and Pennsboro Pediatrics, LLC, In the above-captioned action. Respectfully submitted, Date: ?l I IZ FOULKROD ELLIS Professional Cor on By: Andrew krod, Esquire Court I.D. No. 77394 andrewC@foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this a? day of 2012, by depositing said copy in the United States Mail at Camp Hill, Pe sylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Clearfield, Kofsky&Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 Attorney for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION By 04nol?J\ v Crystal L. Nemetz, Secretary FOULKROD ELLIS ~~~t ~~ Andrew H. Foulkrod, Esquire Attorney I.D. #77394 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 per, ,. ._ 20lZ ~JCT p I PM ~,~ Q?~ CUMBEFc aN~ tul.lh"i '~; PENN YLVANIA CHANLYR ARNOLD, by and through his parent and natural guardian, CHRISTINA GOBBLE. Attorney for Defendants Richard Blutstein, M.D., Christine Jones and Pennsboro Pediatrics, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff ~ NO. 11-6239 CIVIL TERM v. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES PRAECIPE FOR ENTRY OF JUDGMENT NON PROS ,'FOR FAILURE TO FILE CERTIFICATE OF MERIT TO THE: PROTHONOTARY: Kindly enter judgment non pros against Plaintiff, Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble for any and all claims of direct negligence against Defendants, Pennsboro Pediatrics, LLC and Richard Blutstein, M.D. for failure to fi]e a Certificate of Merit as required by Pennsylvania Rule of Civil Procedure 1042.3. Attached as Exhibit "A" is the Notice of Intention to Enter Judgment of Non Pros. FOULKROD ELLIS Professional Cor,,~or tion ~, 1 Date: ~ :. , , ~ ~ ..L By:_ _ Andrew H. Fo rod, Esquire Attorney LD. No. 77394 andrew cr,foulkrod.com -- ~,ll, .) G ~, ,~ v ~7 ~~~~%y ,v-~t , ,~ ~ ~- ~y,~ ; 4_ s ,a L. , I r FOULKROD ELLIS ~---- ----- ~~ ~ Andrew H. Foulkrod, Esquire Attorney I.D. #77394 l Darlene K. King, Esquire Attorney 1.D. #75898 4000 Market Street Camp Hill, PA 17011 Attorney for Defendants Phone: (7171 909-7006 Richard Blutstein, M.D. and Fax: {717 909-6955 Pennsboro Pediatrics, LLC CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff ~ NO.. 11-6239 CIVIL TERM v. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND MEDICAL ASSISTANT CHRISTINE NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS TO: CHANLYR ARNOLD, by and through his parent and natural guardian CHRISTINA GOBBLE, Plaintiff cio Scott E. Diamond, Esquire ~ ~, Clearfield, Kofsky & Penneys - `~-'_ 1617 JFK Blvd, Ste 355 r~~~a rn Philadelphia, PA 19103 ;~~ ~: ~-- ~~ ' 4~ ~ Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to~~r ~„ judgment of non pros against you after thirty (30) days of the date of the filin~thi~ notice if a certificate of merit is not filed as required by Rule 1042.3. ~~ :~ r~~ ~, I am serving this notice on behalf of Defendants, Richard Blutstein, M,D., Medical Assistant Christine, and Pennsboro Pediatrics, LLC. The judgment of non pros will be entered as to all claims. FOULKROD ELLIS Date: ~ ~ ~~ Professional Cozp4~•at'on 1 ~ ~~ ~`' `~l j~ By: ` __ Andrew H. Foulkrod, Esquire Attorney LD. No. 77394 andrew(a~foullcrod.com Darlene K. King Attorney LD. No. 75898 darlene%a~foulkrod.com ,=- :~ ~_~ ~-- ~: < u -~-, c~ ~-~_ CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this ~~~' da of ~ _~ - y ;1 r p~--~ ~r~ ~~ ~_ y°- 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 :Philadelphia, PA 19103 Attorney for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION ~V ~ i Christina W. Shaffer, Paralegal CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 3/~ day of b~-a~ _ 2012, by depositing said copy in the United States Mai] at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Clearfield, Kofsky~cPenneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 Attorney for Plc~intijfs FOULKROD ELLIS PROFESSIONAL CORPORATION ~~~~ By:_ - Crystal L,. Nemetz, Secreta CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE. v. Plaintiff I NO. ] l -6239 CIVIL TERM ? PENNSBORO PEDIATRICS, LLC, ~ RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES NOTICE O1F diJDGMI~NT OF NON PROS TO: Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble c/o Scott E. Diamond, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard. Suite 355 Philadelphia, PA 19103 r* You are hereby notified that on this ~~ ~ _ day of ~~c~b c •~' ~__~ ~'~ ~-` , .~{}}2, a .iudgment of Non Pros is entered against Plaintiff, Chanlyr Arnold, by and through his parent and natural guardian, Christina Gobble for any and all claims of direct negligence against Defendants, Pennsboro, Pediatrics, LLC and Richard Blutstein, M.D. for failure to file a Certificate of Merit as required by Pennsylvania Rule of Civil Procedure 1042.3. DATE: j, ~, !-~- ~ 3i ~.J-~~" Prothonotary i FOULKROD ELLIS � P �e WWI`+FEB 1 p 4: I O Andrew H. Foulkrod, Esquire Attorney I.D.#77394 r" b Jennifer M. Heilman, Esquire , IEr`AND COUNT' t FAddS YLVA NIA Attorney for Defendants Attorney I.D.#82305 4000 Market Street Richard Blutstein, M.D., Camp Hill, PA 17011 Christine Jones and Phone: (717)909-7006 Pennsboro Pediatrics, LLC Fax: (717)909-6955 CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM v. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES PRAECIPE TO FILE STIPULATION TO DISCONTINUE ACTION WITH PREJUDICE AS TO DEFENDANTS RICHARD BLUTSTEIN,M.D.AND CHRISTINE JONES TO THE PROTHONOTARY: Please file of record the attached Stipulation to Discontinue Action with Prejudice as to Defendants Richard Blutstein, M.D. and Christine Jones. FOULKROD ELLIS Professiongl Corporation Date: oZ/ 7 // `f' By: Andrew Foulkrod, squire Jennifer Heilman, Esquire 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants Pennsboro Pediatrics, LLC, Richard Blutstein, M.D., and Christine Jones Gt t,.A-\- q.Sc rg 1.44 e.,LA (?)Li ' ?_i=v-- &tun FOULKROD ELLIS Andrew H. Foulkrod,Esquire Attorney LD.#77394 Jennifer M.Heilman, Esquire Attorney I.D.#82305 Attorney for Defendants 4000 Market Street Richard Blutstein,M.D., Camp Hill, PA 17011 Christine Jones and Phone: (717)909-7006 Pennsboro Pediatrics,LLC Fax: (717)909-6955 CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff NO. 11-6239 CIVIL TERM v. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND CHRISTINE JONES STIPULATION TO DISCONTINUE ACTION WITH PREJUDICE AS TO DEFENDANTS RICHARD BLUTSTEIN,M.D. AND CHRISTINE JONES AND NOW comes Plaintiff,by and through his counsel, Scott E. Diamond, Esquire of Sacks, Weston, Petrelli &Diamond, LLC and Defendants Pennsboro Pediatrics, LLC, Richard Blutstein, M.D., and Christine Jones by and through their counsel Andrew Foulkrod and Jennifer Heilman,Esquire of Foulkrod Ellis, P.C. and stipulate as follows: This action is hereby discontinued with prejudice as to Defendants Richard Blutstein, M.D. and Christine Jones. This Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel, even though signed on separate signature pages, and may be filed of record. Facsimile or photocopy reproduction of signatures shall have the effect of original signatures. Counsel have the authority of their clients to enter into this Stipulation. IN WITNESS WHEREOF,the foregoing parties by their counsel or for themselves have caused this Stipulation to be executed and intend to be legally bound thereby. SACKS, WESTON, P 'i aLI & DIAMOND, L Date: W3 7 By: S •tt E. Diam�.•r�''�ire 1818 Market Street, Suite 1700 Philadelphia, PA 19103 Attorney for Plaintiff FOULKROD ELLIS Professional Corp*ration Date: By: An* =' Foulkr••, Esquire Jennifer Heilman, Esquire 4000 Market Street Camp Hill, PA 17011 Attorneys for Defendants Pennsboro Pediatrics, LLC, Richard Blutstein, M.D., and Christine Jones 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 7 h day of Feb y 2014, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Sacks,Weston, Petrelli, Diamond&Millstein, LLC 1818 Market Street, Suite 1700 Philadelphia, PA 19103 Attorney for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION By: 'L - ' ! LI • ' ' Christina W. Shaffer, Paralegal FOULKROD ELLIS '1:` PQeoe ecvoomei. Andrew H. Foulkrod, Esquire 201`1 /F, Attorney I.D. #77394 ,' CE t t> +HON;f C ,27Pe`% 7 4000 Market Street r'�s J F E` hLAPU Camp Hill, PA 17011 Phone: (717) 909-7006 NS yLI. k9,TiT Attorneyfor Defendants Fax: (717) 909-6955 Richard Blutstein, M.D. and Pennsboro Pediatrics, LLC CHANLYR ARNOLD, by and through his IN THE COURT OF COMMON PLEAS parent and natural guardian, CHRISTINA CUMBERLAND COUNTY GOBBLE, Plaintiff v. NO. 11-6239 CIVIL TERM PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D., AND MEDICAL ASSISTANT CHRISTINE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Jennifer M. Heilman, Esquire on behalf of Defendants, Richard Blutstein, M.D. and Pennsboro Pediatrics, LLC, in the above - captioned action. Date: yea g0if y By: Respectfully submitted, Jennife . Heilman, Esquire Court I.D. No. 82305 ti PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Eric Lauerman, Esquire on behalf of Defendants, Richard N. Blutstein, M.D., and Pennsboro Pediatrics, LLC, In the above -captioned action. Date: By: Respectfully submitted, FOULKROD ELLIS Professional Corporation Eric Lauerman, Esquire Court I.D. No. 316180 eric@foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this od yr day of {'Y 2014, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Scott E. Diamond, Esquire Sacks, Weston, Petrelli & Diamond, LLC 1818 Market Street, Ste 1700 Philadelphia, PA 19103 Attorney for Plaintiffs By: FOULKROD ELLIS PROFESSIONAL CORPORATION Crystal L. Nemetz, Secreta • SACKS,WESTON,PETRELLI,DIAMOND& MILLSTEIN,LLC Scott E. Diamond,Esquire Attorney I.D.#44449 1845 Walnut Street,Suite 1600 Philadelphia,PA 19103 (215)523-6900 CHANLYR ARNOLD,a minor,by and through his p/n/g CHRISTINA GOBBLE COURT OF COMMON PLEAS • CUMBERLAND COUNTY • v. PENNSBORO PEDIATRICS, LLC, NO: 11-6239 RICHARD BLUTSTEIN,M.D. and CIVIL TERM MEDICAL ASSISTANT CHRISTINE • PETITION FOR LEAVE TO SETTLE OR COMPROMISE MINOR'S ACTION TO THE HONORABLE,THE JUDGES OF THE SAID COURT: The Petition of Chanlyr Arnold, a minor by and through his natural parent and legal guardian, Christina Gobble (see PA. R.C.P. 2028), by his attorney, Scott E. Diamond, Esquire respectfully requests: 1. Petitioner is Chanlyr Arnold, a minor(see PA R.C.P. 2026). 2. The minor was born on December 27, 2008, and his social security number is 205-84-1268. 3. The minor resides with his mother, Christina Gobble, at the following address: 311 Indian Trail Road, Lykens, PA 17048 4. A guardian was not appointed for the minor. 5. The defendants are as follows: Pennsboro Pediatrics, LLC 125 North Enola Drive Enola, PA 17025 Richard Blutstein, MD 125 North Enola Drive Enola,PA 17025 Medical Assistant Christine 125 North Enola Drive Enola,PA 17025 6. On July 1, 2009, the minor sustained the following injuries at the following location: Location: Pennsboro Pediatrics, 125 North Enola Drive, Enola, PA 17025 Injuries: Fracture to left distal femur 7. A Complaint was filed against defendants, Pennsboro Pediatrics, LLC, Richard Blutstein, M.D., and Medical Assistant Christine. 8. Harrisburg Hospital's Emergency Department report is attached hereto and is incorporated herein as Exhibit "A". 9. A statement under oath of the minor's parent certifying the approval of the proposed settlement and distribution is attached hereto and is incorporated herein as Exhibit"B". 10. The following settlement has been proposed: STATEMENT OF DISTRIBUTION GROSS AMOUNT OF SETTLEMENT: $ 9,000.00 LESS COSTS: Postage & Photocopies $ 100.00 Minor's Petition filing fee $ 115.75 Medical Records $ 237.38 Courier services $ 181.00 Expert Witness Testimony (2) $2,250.00 Research $ 5.02 Filing fees (Prothonotary) $ 102.00 Sheriff service fees $ 80.00 LESS LIEN—Department of Public Welfare: $ 585.00 SUBTOTAL—COSTS & LIENS: $ 4,419.98 NET PROCEEDS: $ 4,580.02 LESS LEGAL FEE: $ 2,250.00 GROSS AMOUNT DUE TO CLIENT $ 2,330.02 11. Counsel is of the professional opinion that the proposed settlement is reasonable due to the following: 12. Counsel has incurred the following expenses for which reimbursement is sought: Postage & Photocopies $ 100.00 Minor's Petition filing fee $ 115.75 Medical Records $ 237.38 Courier services $ 181.00 Expert Witness Testimony(2) $2,250.00 Research $ 5.02 Filing fees (Prothonotary) $ 102.00 Sheriff service fees $ 80.00 13. The following costs have been incurred by or on behalf of the minor and must be paid from the proceeds of settlement: LIEN—Department of Public Welfare: $ 585.00 14. The Department of Public Welfare, or any other entity does have a claim or lien against the Plaintiff, attached hereto and is incorporated as Exhibit "C". 15. Counsel requests a fee in the sum of$2,250.00. A copy of the retainer agreement is attached hereto and is incorporated as Exhibit"D". 16. Counsel has not and will not receive collateral payments as counsel fees for representation involving the same matter from third parties. 17. The net settlement payable to the minor(after deduction of costs and attorney's fee) is $2,037.57. WHEREFORE, Petitioner requests that he be permitted to enter into the settlement recited above and that the Court enter an Order of Distribution as follows: TOTAL AMOUNT OF SETTLEMENT: $ 9,000.00 a. To: Sacks, Weston, Petrelli, Diamond& Millstein $ 215.75 Ronald A. Clearfield& Associates $ 3,619.23 (Reimbursement for Costs) b. To: Department of Public Welfare (Medical Lien) $ 585.00 c. To: Sacks, Weston, Petrelli, Diamond& Millstein($1,500.00) $ 2,250.00 Ronald A. Clearfield&Associates ($750.00) d. To: Adult Plaintiff(s) $ N/A e. To: Chanlyr Arnold, a minor in $ 2,330.02 restricted account not to be withdrawn before majority upon prior leave of Court. SACKS,WESTON,PETRELLI,DIAMOND&MILLSTEIN,LLC BY: SCOTT E. DIAMOD, ESQUIRE Attorney for Minor Plaintiff, Chanlyr Arnold SACKS,WESTON,PETRELLI,DIAMOND& MILLSTEIN,LLC Scott E.Diamond,Esquire Attorney I.D.#44449 1845 Walnut Street, Suite 1600 Philadelphia,PA 19103 (215)523-6900 CHANLYR ARNOLD,a minor,by and through her p/n/g CHRISTINA GOBBLE COURT OF COMMON PLEAS • CUMBERLAND COUNTY • v. PENNSBORO PEDIATRICS,LLC, NO: 11-6239 RICHARD BLUTSTEIN,M.D.and CIVIL TERM MEDICAL ASSISTANT CHRISTINE • • ATTORNEY'S AFFIDAVIT I, Scott E. Diamond, Esquire, am the attorney in this action and hereby verify that the settlement described is fair and reasonable based on the liability involved in the accident,the injuries sustained,the medical treatment rendered and the policy limits available. SACKS,W STON,PETRELLI,DDIAMOND&MILLSTEIN,LLC BY: `SCOTT E. DIAMOND, IRE Attorney for Minor Plaintiff, Chanlyr Arnold SACKS,WESTON,PETRELLI,DIAMOND&MILLSTEIN,LLC Scott E.Diamond,Esquire Attorney I.D.#44449 1845 Walnut Street, Suite 1600 Philadelphia,PA 19103 (215)523-6900 CHANLYR ARNOLD, a minor,by and • through her p/n/g CHRISTINA GOBBLE COURT OF COMMON PLEAS • CUMBERLAND COUNTY v. • PENNSBORO PEDIATRICS,LLC, • NO: 11-6239 RICHARD BLUTSTEIN,M.D. and • CIVIL TERM MEDICAL ASSISTANT CHRISTINE • CERTIFICATE OF SERVICE I, Scott E. Diamond, Esquire, hereby certify that a true and correct copy of Minor Plaintiff's Petition for Leave to Settle a Minor's Compromise, was furnished to all parties via First Class U.S. Mail on the 20th day of November, 2014. SACKS,WESTON, ' " ' LLI,DIAMOND& MILLSTEIN,LLC BY: SCOT.' E. DIAMOND, ESQUIRE Att! ey for Minor Plaintiff, Chanlyr Arnold EXHIBIT"A" ACCT#=00100001015 TRANSCRIBED DATE=07/08/2009 08 : 38 UDN= 2667459 ARNOLD, CHANLYR J RM# : MRN : 910-09-2615 CASE : 00100001015 DOB : 12/27 /2008 ADM: 07/01/2009 PinnacleHealth System P . O. Box 8700 Harrisburg, PA 17105-8700 EMERGENCY DEPARTMENT CHIEF COMPLAINT : Fall . HISTORY OF PRESENT ILLNESS : Patient is a 6-month-old male that presents to the emergency department from home with mom and dad after he had a fall earlier today while at the pediatrician ' s office . Mom reports that the child rolled off the exam table while unattended, falling face first into the ground. He cried immediately. There was no loss of consciousness . Since that time he has had no altered mental status or vomiting . However, he has been crying incessantly . He will be able to be somewhat consoled when they pick him up although when they lie him down he cries out in pain . They have been unable to identify specifically what area is hurting. They did note an abrasion to the nose and soft tissue swelling to the anterior forehead. They otherwise report that he seems to be moving all of his extremities equally. He has had no difficulty with breathing . He has had normal urine output although has not wanted to eat . They said this is very atypical behavior for him. REVIEW OF SYSTEMS : Review of systems is otherwise negative . PAST HISTORY: Past medical history is negative . Medications : None . ALLERGIES ARE NONE . SOCIAL HISTORY : He lives locally with mom and dad . No recent sick contacts . FAMILY HISTORY : Family history is noncontributory. PHYSICAL EXAMINATION : Vital signs : Temperature is 37 . 6, normal . Respiratory rate while crying is 45 . Pulse is elevated at 152 while crying . Oxygen saturation is 100% on room air . The child is awake and alert, cries on exam. Otherwise he is normocephalic although has very small area of soft tissue swelling on the anterior forehead centrally. There is no ecchymosis . No stepoff . Otherwise, pupils are equal and reactive . Extraocular muscles appear to be intact . Tympanic membranes are clear . There is no hemotympanum. There is no apparent midline neck or back pain . He does not cry while mom is holding him and I palpate that region . There is no stepoff or soft tissue swelling noted. There is no thoracic abrasion . Lungs are clear . Cardiac : S1 and S2 . Abdomen is soft and nondistended. When laid on the table, the patient cries out . He does appear to have some increased discomfort with movement of the right lower extremity. There is no deformity, soft tissue swelling, ecchymosis , or abrasion . He does have full range of motion of all extremities ; otherwise, appears to have normal tone . Impression : Differential diagnosis would be a closed head injury, possible intracranial injury, possible bony injury. EMERGENCY DEPARTMENT PHYSICIAN TEST INTERPRETATION : Results of these • studies yielded somewhat limited study of the head due to movement artifact but no evidence of acute injury. Bone survey otherwise only reveals a fracture to the distal right femur . It is a transverse fracture with disruption of the posterior cortex . EMERGENCY DEPARTMENT COURSE : As I am unable to specifically identify what areas hurt on exam, a bone survey was completed as well as a head CT without contrast . Orthopedics was consulted to evaluate the patient and put the patient in a posterior splint . DISPOSITION : Plans will be for outpatient follow up . On discharge they were given those instructions . They are to call Dr . Hallock for an appointment . They will use Tylenol or Motrin as needed for discomfort . Disposition : Discharged home . DIAGNOSTIC IMPRESSION : Distal femur fracture . Patient : Chanlyr J Arnold c : Signed by WHITE MD, DAVID on 12-Aug-2009 08:15:44-0400 DAVID A. WHITE, MD DD : 07/01/2009 DT : 07/08/2009 /cdm D# : 2667459 ER REPORT ER REPORT ER REPORT EXHIBIT"B" SACKS,WESTON,PETRELLI,DIAMOND&MILLSTEIN,LLC Scott E. Diamond, Esquire Attorney I.D. #44449 1845 Walnut Street, Suite 1600 Philadelphia, PA 19103 (215)523-6900 CHANLYR ARNOLD, a minor, by and : through her pinig CHRISTINA GOBBLE : COURT OF COMMON PLEAS CUMBERLAND COUNTY • v. PENNSBORO PEDIATRICS, LLC, • NO: 11-6239 RICHARD BLIITSTEIN, M.D. and • CIVIL TERM MEDICAL ASSISTANT CHRISTINE : AFFIDAVIT AND VERIFICATION I, CHRISTINA GOBBLE, the parent and natural guardian of, CHANLYR ARNOLD, a minor, am the Petitioner in this action and hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Furthermore, I, CHRISTINA GOBBLE, specifically approve of the settlement of this action as set forth in the Petition and do affirm that presently, CHANLYR ARNOLD, a minor, has fully recovered from the injuries sustained in this accident. I understand that the statement in said Petition are made subject to the penalties of 18 C.S.A. 4904, relating to unsworn falsifications to the authorities. C 'ISTINA GOBBLE, Parent and legal guardian of CHANLYR ARNOLD EXHIBIT"C" pennsylvania DEPARTMENT OF PUBLIC WELFARE November 8, 2014 SACKS WESTON PETRELLI DIAMOND & MILLSTEIN LLC SCOTT E DIAMOND ESQUIRE 1845 WALNUT ST STE 1600 PHILADELPHIA PA 19103 Re: Chanlyr Arnold (minor) CIS #: 330219460 Incident Date: 07/01/2009 Dear Mr. Diamond: The Department of Public Welfare maintains a claim in the amount of $877.45 for the above-referenced incident. The Department has agreed to reduce its claim by 33 1/3% and accept the net payment of $585.00 to satisfy the total claim amount. Checks should be made payable to the Department of Public Welfare and sent to my attention at the address listed below. We request that with all transmittal of funds, you provide the Department with a copy of the final distribution sheet. In the event you have already brought or will bring any action resulting in a further recovery, we reserve the right to seek recovery of any additional unpaid portion of our medical/cash claim. This settlement in no way affects our future rights. Thank you for your cooperation in this matter. If you have any further questions, piease contact me. Sincerely, Tina M. Wise TPL Program Investigator 717-214-1204 717-772-6553 FAX Bureau of Program Integrity i Division of Third Party Liability I Recovery Section PO Box 8486 I Harrisburg, Pennsylvania 17105-8486 EXHIBIT"D" • CONTINGENT FEE AGREEMENT X hereby appoint and retain the Law Offices of Sacks, Weston, Petrelli & Diamond as my attorneys t o pursue any action or a ns, and/or to co romise tp settle any claim or claims I may have against en�<\ \--)er\t CACCS or any persons, firms or corporations because of damages suffered by me arising out of or sustained on or about as a result of an accident. We hire my attorney for this action only, unless otherwise agreed to in writing between us. I hereby agree that the compensation for my attorneys for all services shall be as follows: Out of whatever sum is secured from the Defendant(s) by way of settlement or verdict,the attorneys shall retain forty percent(40%)thereof. If my attorneys do not recover any money then they shall receive no fee. My attorneys, at their option,may advance the costs and expenses of my claim on my behalf However,nothing in this agreement shall require my attorneys to pay all said costs and expenses. My attorneys, at their option, may pay said costs and expenses,or my attorneys may withdraw from representing me on my claim. Should I discharge my attorneys prior to a recovery in this case,I agree to pay them the greater of one-third of my recovery or actual time expended at his prevailing rate.In no event shall we be obligated for this or any hourly rate if the case is brought to conclusion and no settlement or verdict is obtained. In the event we discharge my attorney,we agree to repay him any advanced costs within 30 days of the date of discharge. The expenses of processing my claim, including investigation,trial preparation, $60 distribution fee, $195 administrative charge for each loan preparation, expert and non-expert witness fees,if any, shall be deducted from my share of the proceeds derived from settlement or verdict of the claim/suit after the calculation of attorney fee. I have been informed that the statute of limitations for my case. It is understood that my attorney is relying on my representation of the accident date to protect my rights. If litigation commenced on my claim is unsuccessful, my attorney shall not be required to file an appeal. I hereby authorize my attorneys to pay bills for medical and hospital treatment directly to my physician, hospital, or third party payee, upon successful resolution of the claim only. I also, for the purpose of litigation only, authorize my attorneys to negotiate, endorse, deposit and distribute any check received on my behalf. I have read this Agreement, and agree to its telilis and conditions. There are no other written or oral agreements the subject matter thereof between said attorneys and my self. C EENT NAME DATE SACKS, WESTON, PETRELLI, DIAMOND Scott E. Diamond, Esquire Attorney I.D. #44449 1845 Walnut Street, Suite 1600 Philadelphia, PA 19103 (215)523-6900 CHANLYR ARNOLD, a minor, by and through his p/n/g CHRISTINA GOBBLE v. PENNSBORO PEDIATRICS, LLC, RICHARD BLUTSTEIN, M.D. and MEDICAL ASSISTANT CHRISTINE & MILLSTEIN, LLC ORDER APPROVING ORDER FOR D AND NOW, theili da o ,,75 -OFFICE Cji: THE PROTHONOTARY 4 DF_C -2 PM .1: '1 G. CUMBERLAND C'OUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-6239 CIVIL TERM ETT '• ENT AND BUTION , 2014, upon consideration of the Petition for Leave to Compromise a Minor's Action, it is hereby Ordered and Decreed that Petitioner is authorized to enter into a settlement with Defendants in the gross sum of S9,000.00. Defendant shall forward all settlement drafts or checks to Petitioners' counsel for proper distribution. IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as follows: TO: Chanlyr Arnold, a minor DATE OF BIRTH SOCIAL SECURITY # GROSS a. December 27, 2008 b. 205-84-1268 c. $9,000.00 IT IS FURTHER ORDERED and DECREED that the settlement proceeds awarded to Chanlyr Arnold, a minor, be distributed as follows: To: Sacks, Weston, Petrelli, Diamond & Millstein, LLC. Reimbursement for Costs: Postage & Photocopies Minor's Petition filing fee To: Ronald A. Clearfield & Associates, P.A. Reimbursement for Costs: Medical Records Courier services Expert Witness Testimony (2) Research Filing fees (Prothonotary) Sheriff service fees $100.00 $115.75 $ 237.38 $ 181.00 $2,250.00 $ 5.02 $ 102.00 $ 80.00 $ 215.75 $ 3,619.23 Court reporter/depositions $ 542.75 Travel $ 142.61. Postage & Photocopies $ 78.47 To: Medical Lien — Department of Public Welfare $ 585.00 To: Counsel Fees Sacks Weston Petrelli Diamond & Millstein ($1,500.00) Ronald A. Clearfield & Associates, PA ($750.00) $ 2,250.00 The balance of the sum of $2,330.02, payable to Chanlyr Arnold, a minor shall be distributed as follows. Counsel is hereby authorized to execute all documentation necessary to purchase a savings certificate, from federally insured banks or saving institutions having an office in Cumberland County, in the sum of $2,330.02, not to exceed the insured amount, with the funds payable to the minor upon majority. The certificate shall be titled and restricted as follows: Chanlyr Arnold, a minor, not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the minor attains majority, except upon prior Order of Court. or Counsel shall open a savings account in the sum of $2,330.02, in the name of the minor. The savings account shall be titled and restricted as follows: Chanlyr Arnold, a minor, not to be withdrawn before the minor attains majority or upon prior Order of the court. Pursuant to Phila. Civ. R. *2039.1 (1), counsel shall file with the office of Civil Administration within 60 days from the date of the final Order, proof of the establishment of the account as required herein, by Affidavit from counsel certifying compliance with the Order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account for each minor containing the required restrictions. Cori es artct, tv-14 1 arr,oA)c.L. raixi, BY T .E r OURT: Thomas A. Placey ommon Pleas Judge