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Home My WebLink About11-6795O rid OF THE P pFF1CE f MONO TAR'fr: 2011 AUG 29 AM 11: 32 CUMBERLA f" PEdNSYND COUNT LVANIA I 1-(0'106 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., ORIGINAL W:.?{ ?' 01VI [ lerm N IN THE COURT OF COMMOJS; PL9AS DAUPHIN COUNTY, PA -1 -TI NO. 2011-CV-794CV (21 CIVIL ACTION - LAW - -> MEDICAL PROFESSIONAL LIABILITY ACTION 70 c.? Defendants : JURY TRIAL DEMANDED ORDER fA- AND NOW this // day of 2011, upon consideration of the Preliminary Objection of Defendant, David A. Wiegand, M.D., it is hereby ORDERED that said Preliminary Objection is SUSTAINED. It is further ORDERED that venue of this matter is transferred to the Court of Common Pleas of Cumberland County. All costs associated with the transfer of this case shall be paid by Plaintiffs. The Prothonotary is hereby directed to arrange D for the transfer of this case. AUG 17 2011 i Fveiet)y c s r i ', r ,k, ',)`; g elf"! is 8 true and xrre,(' copw? of the original filed- I In tarv J. -sQ&.00 P0 Art-1 Ctf` 1011010 8 e a_& 39f3 Date: 8717/2014 Time: 04:01 PM Page 1 of 4 Filed: 1/20/2011 Subtype: Civil Comment: Physical File: Y Appealed: N Status History Pending 1/20/2011 Closed 8/17/2011 Judge History Date Judge Reason for Removal 1/20/2011 No Judge, Current Payments Receipt Date Type Goldberg Katzman 245170 1/20/2011 Civil Filing Thomas, Thomas & Hafer, LLP 251801 4/25/2011 Miscellaneous Subpoenas 32.00 User: LGARCIA Amount 145.50 32.00 Total 177.50 Miscellaneous Receipts Receipt Date 251801 4/25/2011 Subpoenas Plaintiff Name: Moore, Michael E Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Strang-Kutay, April L Plaintiff Name: Moore, Robin A Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Strang-Kutay, April L Dauphin County Complete Case History Case: 2011-CV 00794-CV Michael E Moore, etal. vs. Nae H Park, etal. Work: (Primary attorney) Work: 32.00 Sum SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices 32.00 Date: 8/17/2011 Dauphin County Time: 04:01 PM Complete Case History Page 2 of 4 Case: 2011-CV 00794-CV Michael E Moore, etal. vs. Nae H Park, stall. Defendant Name: Park, Nae H SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Grill, Daniel L (Primary attorney) Send Notices Defendant Name: Central Pennsylvania E N T Clinic SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Grill, Daniel L (Primary attorney) Send Notices Defendant Name: Wiegand, David A SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Ellis, Cindy N (Primary attorney) Send Notices Ellis, Leigh A J Send Notices Register of Actions 1/20/2011 New Civil Case Filed This Date. No Judge, Plaintiff: Moore, Robin A Attorney of No Judge, Record: April L Strang-Kutay Filing: Complaint Paid by: Goldberg No Judge, Katzman Receipt number: 0245170 Dated: 1/20/2011 Amount: $145.50 (Check) For: Moore, Michael E (plaintiff) Plaintiff: Moore, Michael E Attorney of No Judge, Record: April L Strang-Kutay Legal Professional Liability Complaint filed. No Judge, AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA User: LGARCIA Date: 8117/2011 Dauphin County Time: 04:01 PM Complete Case History Page 3 of 4 Case: 2011-CV-00794-CV Michael E Moore, etal. vs. Nae H Park, etal. Register of Act ions 2/1/2011 Complaint: Sheriffs Return filed stating No Judge, service was completed. So answers J.R. Lotwick, Sheriff. to Nae H Park on 2/1/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $90.00. Cumberland County Sheriffs Costs: $74.44 2/22/2011 Thomas Thomas & Hafer by Daniel L Grill, No Judge, Esq enters appearance on behalf of Defendant: Central Pennsylvania E N T Clinic and Nae H. Park. Defendant: Park, Nae H Attorney of No Judge, Record: Daniel L Grill Demand for Jury Trial, filed No Judge, 3/3/2011 Preliminary objections of defendants Nae No Judge, H. Park, M.D., and Central pennsylvania E.N.T. to plaintiff's complaint, filed. 3/7/2011 Complaint: Sheriff of Dauphin County No Judge, returns Not Found as to Defendant(s). So Answers, J.R. Lotwick, Sheriff. to David A Wiegand on 3/7/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. Complaint: Sheriff of Dauphin County No Judge, returns Not Found as to Defendant(s). So Answers, J.R. Lotwick, Sheriff. to Central Pennsylvania E N T Clinic on 3/7/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 3/15/2011 Certificate of Merit as to Nae H. Park, No Judge, M.D., filed. Certificate of Merit as to David A. No Judge, Wiegand, M.D., filed. Certificate of Merit as to Pennsylvania No Judge, E.N.T. Clinic, filed. 3/17/2011 Complaint reinstated. See Praecipe, filed. No Judge, 3/28/2011 Reinstated Complaint: Sheriffs Return No Judge, filed stating service was completed. So answers J.R. Lotwick, Sheriff. to David A Wiegand on 3/28/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $70.00. Cumberland County Sheriffs Costs: $47.94 3/29/2011 Reinstated Complaint: Sheriff of Dauphin No Judge, County returns Not Found as to Defendant(s). So Answers, J.R. Lotwick, Sheriff. to Central Pennsylvania E N T Clinic on 3/29/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 4/5/2011 Preliminay objections of defendant David No Judge, A. Wiegand, M.D., filed. Foulkrod Ellis by Leigh A.J.Ellis, Esq and No Judge, Cindy N Ellis, Eq enters appearance on behalf of Defendant: Wiegand, David A User: LGARCIA Date: 8[17/2014 Dauphin County User: LGARCIA Time: 04:01 PM Complete Case History Page 4 of 4 Case: 2011-CV-00794-CV Michael E Moore, etal. vs. Nae H Park, etal. Register of Actions 5/5/2011 Certificate of Readiness for Pretrial Motion filed by Counsel for Defendant(s). 5/10/2011 The Certificate of Readiness filed by counsel for defendant David A. Weigand, -M.D. on May 5, 2011 will not be entertained. See Complete Order filed. Copies dist by Ct Admin 5-11-11 5/18/2011 Brief in support of defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T.'s preliminary objections to plaintiffs complaint, filed. Certificate Prerequisite to Service of a Subpoena Pursuant to Pa.R.C.P. 4009.22, filed 7/15/2011 Certificate Prerequisite to Service of a Subpoena Pursuant to Pa.R.C.P. 4009.22, filed 7/29/2011 Certificate of Readiness for Pretrial Motion filed by counsel for plaintiff(s). 8/2/2011 The Certificate of Reasiness filed by plaintiffs' counsel on July 29, 2011 will not be entertained. See COMPLETE ORDER, filed. Copies distributed 8/2/11. 8/9/2011 Certificate of Readiness for Pretrial Motion filed by counsel for plaintiff(s). 8/11/2011 Upon consideration of the Preliminary Objection of Defendant, David A. Wiegand, M.D., it is hereby ORDERED that said Preliminary Objection is SUSTAINED. It is further ORDERED that venue of this matter is transferred to the Court of Common Pleas of Cumberland County. All costs associated with the transfer of this case shall be paid by Plaintiffs. The Prothonotary is hereby directed to arrange for the transfer of this case. See Order filed copies dist by chambers. 8/15/11 8/17/2011 Transferred / Withdrawn ( Civil Action ) AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA ****NO MORE ENTRIES CASE TRANSFERRED**** AUG 17 ?t TO THE COURT OF COMMON 2AS OF CUMBERLAND No Judge, Clark, Lawrence F. Jr. No Judge, No Judge, No Judge, No Judge, Clark, Lawrence F. Jr. No Judge, Bratton, Bruce F. No Judge, No Judge, I hereby certify that the oing is a ilt h riginal filed. true and correct copy o GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants : CIVIL ACTION f- a " a aC- d t •! ? J ? ? Z?? .o Z N co No. C V ? C/VC /l : JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 717-232-7536 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717- 232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the DCBA. AVISO REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la corte de soplicas comunes del condado de Dauphin creen que la mediacion de pleitos es un componente muy importante de la resolucion del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediacion. La code ha adoptado la regla local de condado de Dauphin 1001 para animar el use de la mediacion. Esta alarma temprana permite a litigantes determiner la mejor epoca durante la vida de su pleito para una sesi6n de la mediacion. El intento de esta alarma temprana es actuar sobre la mediacion de la buena fe en el tiempo Optimo. La asociacion de la barra del condado de Dauphin proporciona servicios de la mediacion y se puede alcanzar en 717-232-7536. La sesi6n libre de la mediacion para los favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibles con el DCBA. GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff c:r = :4 ?C--) T? O IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, CIVIL ACTION ROBIN A. MOORE, Husband and Wife, Plaintiffs V. No. ) o I/ c v 7qv C V NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action COMPLAINT n? N 0 -v S N .C 00 a- M AND NOW, comes the Plaintiffs, Michael E. and Robin A. Moore, husband and wife, by and through their attorneys, Goldberg Katzman P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Plaintiff Michael E. Moore, and Plaintiff wife, Robin A. Moore, are adult individuals, living and residing at 6820 Huntingdon Street, Harrisburg, PA 17111. 2. Defendant, Nae H. Park, M.D., (hereinafter referred to as "Dr. Park") is a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address during the time at issue of 1000 North Front Street, Suite 400, Wormleysburg, PA 17043. Dr. Park is now retired and resides at 200 River Bend Drive, Enola, PA 17025-1335. 3. Defendant Central Pennsylvania ENT Clinic is a professional medical practice entity, licensed in the Commonwealth of Pennsylvania, and located at 1000 North Front Street, Suite 400, Wormleysburg, PA 17043. 3 4. Defendant, David A. Wiegand, M.D. (hereinafter referred to as "Dr. Wiegand"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address of 207 House Avenue, Suite 100, Camp Hill, PA 17011. STATEMENT OF LIABILITY 5. In accordance with Pa. R.C.P. No. 1042.2, this is a professional liability action brought against all defendants in this action. STATEMENT OF FACTS 6. That Michael E. Moore, hereinafter referred to as Plaintiff, began treating with Dr. Park in or around 1998 for complaints of headache and persistent ear infections, which were assessed as chronic bilateral otitis media and right mastoiditis. 7. That Plaintiff consulted with Dr. Park on numerous occasions during the period from 2002 to 2005, including a diagnostic typanogram performed on or about 9/2/05, which caused dizziness on the right, as well as the Plaintiff's frequent descriptions to Dr. Park of the onset of vertigo/dizziness upon compression of his right ear. 8. That despite Plaintiff's persistent complaints of vertigo, ear pain and hearing difficulty, no diagnostic work up to rule out underlying causes for this vertigo, including CT of the temporal bones, was ordered. 9. That on or about March 2006, following Dr. Park's retirement, Plaintiff began to treat with Dr. Wiegand for his otologic problems. A study performed during Plaintiff's initial work up in March 2006 again noted dizziness during the right-sided tympanogram, which was accompanied by the Plaintiff's repeated descriptions of dizziness when the right ear was compressed; a high resolution CT of the temporal bones using bone window settings was not employed. 4 10. That Plaintiff continued to treat with Dr. Wiegand for his otologic problems during the remainder of 2006 and 2007, for his condition diagnosed as "benign positional vertigo" which Dr. Wiegand related to uncomplicated Eustachian tube dysfunction, treated with Prednisone. In this period, Plaintiff submitted to an ENG which demonstrated findings indicative of a fistula, yet no further evaluation was undertaken by Dr. Wiegand. 11. That on or about September 2009, Plaintiff returned to Dr. Wiegand for his continued balance disturbance symptoms, which were now interpreted by Dr. Wiegand as somewhat different, resulting in a referral to Dr. Jon Isaacson, M.D. 12. That Plaintiff was seen by Dr. Isaacson on October 8, 2009, with immediate suspicion by this specialist for a diagnosis of superior canal dehiscence. This diagnosis was confirmed after appropriate diagnostic CT, and resulted in surgical intervention by Dr. Isaacson on November 17, 2009 in order to treat and halt the progressive otologic pathology which had persisted for several years. COUNTI NEGLIGENCE MICHAEL E. MOORE VS NAE PARK, M.D. 13. The averments contained in paragraphs 1-12 are hereby incorporated by reference. 14. At all times relevant to the incident described in paragraphs 6, 7 and 8 of this Complaint, Plaintiff was a patient of Dr. Park until the end of 2005, and relied on the care and evaluation by Dr. Park in his specialty as an otolaryngologist. 15. That the Defendant, Dr. Park, was negligent and careless in the medical treatment provided to the Plaintiff, in that he: a. failed to order appropriate diagnostic tests for the vertigo/dizziness on compression of the right ear; 5 b. failed to appreciate the results of a tympanogram performed on or about 2005; failed to refer Plaintiff to an otologic specialist for the continued and persistent complaints of dizziness/vertigo, as well as other symptoms indicative of ongoing pathology; d. failed to appreciate the significance of cool calorics on the right, which were indicative and symptomatic of pathology which remained undiagnosed and untreated; failed to rule out cholesteatoma with the appropriate studies, despite Plaintiff's ongoing and persistent complaints and symptoms; f. failed to make the diagnosis of cholesteatoma, leading to a corresponding delay in treatment, and g, failed to make the diagnosis of fistula, leading to a corresponding delay in treatment. 16. That as a result of Dr. Park's negligent conduct as described in the preceding paragraph, Plaintiff endured pain, vertigo, dizziness, declining hearing and permanent disability due to his untreated otologic condition. 17. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff was exposed to increased risk of growth of his cholesteatoma, leading to more complex surgery, involving the risks of complete loss of hearing, permanent vestibular problems, exposure of the cranial cavity by erosion of the tegmen plate, exposure of the facial nerve by erosion of the bone under the cholesteatoma, as well as sigmoid sinus thrombosis, brain abscesses and meningitis. 6 18. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff continues to suffer hearing loss and balance disturbance, for which there is no remedy, and which affects every aspect of his life. 19. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff has been caused to sustain a dimunition of his earning capacity in the future, as well as past and future medical expenses. 20. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff has been caused to sustain, and will, in the future, continue to sustain auditory loss, balance and vertigo difficulty, pain, suffering, inconvenience, emotional distress, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against the Defendant, Nae Park, M.D., for a sum in excess of $50,000 together with interest and costs. COUNT II MICHAEL E. MOORE V. CENTRAL PA E.N.T. CLINIC VICARIOUS NEGLIGENCE 21. The averments contained in paragraphs 1-20 are hereby incorporated by reference. 22. At all times relevant to the subject matter of this Complaint, Dr. Park was acting as an employee and/or ostensible agent of the Central PA E.N.T. Clinic. 23. At all times material hereto, Dr. Park was acting within the course and scope of his employment by the Central PA E.N.T. Clinic. 24. Defendant Central PA E.N.T. Clinic, acting by and through its agents and/or employees, including Dr. Park, was negligent as set forth in the preceding paragraphs of this Complaint. 25. Defendant Central PA E.N.T. Clinic is vicariously liable for the negligence of its agents and/or employees, including, but not limited to, Dr. Park, as set forth in the preceding paragraphs of this Complaint. 26. As a direct and proximate result of the negligence of Defendant Central PA E.N.T. Clinic, Plaintiff sustained the damages set forth in the preceding paragraphs of this Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Central PA E.N.T. Clinic in an amount in excess of $50,000 together with interest and costs. COUNT III NEGLIGENCE MICHAEL E. MOORE VS DAVID WEIGAND, M.D. 27. The averments contained in paragraphs 1-26 are hereby incorporated by reference. 28. At all times relevant to paragraphs 9, 10 and 11, as described in this Complaint, Plaintiff Michael Moore was a patient of Dr. Wiegand, relying on the care and evaluation by Dr. Wiegand in his specialty as a neuro-otologist. 29. That the Defendant, Dr. Wiegand, was negligent and careless in the medical treatment provided to the Plaintiff in that he: a. failed to appreciate and investigate the Plaintiff's repeated complaints of right sided ear problems, which included the patient's own description and demonstration of dizziness/vertigo with right ear compression; b. failed to appreciate and investigate abnormal test results, including the cool calorics referable to the right ear; C. failed to appreciate and investigate the abnormal tympanogram, again consistent with right sided dizziness at the time of Dr. Wiegand's initial evaluation in March 2006; 8 d. failed to appreciate the abnormal findings consistent with the multiple records from Dr. Park, including tympanograms and other studies, which demonstrated persistent right sided symptoms for years; e. failed to order an appropriate CT to determine if cholesteatoma and/or semicircular canal fistula were present; f. failed to properly note his examination of the external auditory canals, tympanic membranes, attic areas and middle ears/ossicles, and whether this was done via use of an operating microscope; g. inconsistently noted retracted eardrums during his examinations of March 2006, July 2006 and August 2007, but failed to order appropriate tests to determine the underlying cause of this condition; h. failed to appreciate the ENG results of August 2006 indicative of ongoing pathology and possible presence of a canal fistula; failed to appreciate and investigate the ongoing right tympanogram finding in April 2007 which again had consistently demonstrated dizziness on that side, all indicative of underlying pathology; failed to make the diagnosis of cholesteatoma, leading to a corresponding delay in treatment; and k. failed to make the diagnosis of fistula leading to a corresponding delay in treatment. 30. That as a result of Dr. Wiegand's negligent conduct as described in the preceding paragraph, Plaintiff endured pain, vertigo, dizziness, declining hearing and permanent disability due to his untreated otologic condition. 9 31. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff was exposed to increased risk of growth of his cholesteatoma, leading to more complex surgery, involving the risks of complete loss of hearing, permanent vestibular problems, exposure of the cranial cavity by erosion of the tegmen plate, exposure of the facial nerve by erosion of the bone under the cholesteatoma, as well as sigmoid sinus thrombosis, brain abscesses and meningitis. 32. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff continues to suffer hearing loss and balance disturbance, for which there is no remedy, and which affects every aspect of his life. 33. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff has been caused to sustain a dimunition of his earning capacity in the future, as well as past and future medical expenses. 34. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff has been caused to sustain, and will, in the future, continue to sustain auditory loss, balance and vertigo difficulty, pain, suffering, inconvenience, emotional distress, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against the Defendant, David Wiegand, M.D., for a sum in excess of $50,000 together with interest and costs. COUNT IV LOSS OF CONSORTIUM ROBIN A. MOORE vs NAE PARK, M.D., CENTRAL PA E.N.T. CLINIC, and DAVID WIEGAND, M.D. 35. The averments contained in paragraphs 1-34 are hereby incorporated by reference. 10 36. That as a result of Defendants' negligent conduct as noted above, Plaintiff-wife Robin A. Moore has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiff-wife, Robin A. Moore, demands judgment against Defendants in an amount in excess of $50,000 together with interest and costs. GOLDBERG KATZMAN, P.C. r--- By: 4,,?,) /? April L. S ang-Kutay, Esquire I.D. # 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs Date: /// 9 // VERIFICATION I, Michael E. Moore, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. e Michael E. Moore Date: /- / :? _/ VERIFICATION I, Robin A. Moore, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. aq?? 0-- Robin A. Moore Date: `,R 17'011 REINS'hATE COMPLAINT STEPHEN E., FARINA, PROTHONOTARY AA A rFr Daniel L. Grill, Esquire I.D. No. 65339 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7115 MICHAEL E. MOORE and, ROBIN A. MOORE, Husband and Wife, Plaintiffs, V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E N T CLINIC and Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA 0 CIVIL ACTION -LAW o _ C -n NO.-296-CV-794CV rnZ N DAVID A. WIEGAND, M.D., zr? >-c = Defendants. -< JURY TRIAL DEMAND 911622.1 Pursuant to Pennsylvania Rule of Civil M.D. and CENTRAL PENNSYLVANIA E.N.T. a jury trial i the submitted, OMASM By: 1007.1, Defendants, N Daniel L. 11, Esquire 305 North -Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 (t) (717) 237-7105 (f) Attorneys for Defendants Nae H. Park, M.D. & Central Pennyslvania E.N.T. Clinic -v ao coot; --4 -n m =m r. C:) CD rn PARK, matter. 'LLP . 3/'2//// CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, legal secretary in the employ of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all defendants of record on the date set forth below: April L. Strang-Kutay, Esq. Goldberg, Katzman, P.C. 600 A. Eden Road Lancaster, Pa 17601 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP Sue-Ellen Danielsen Date: February 21, 2011 911622.1 Daniel L. Grill, Esquire I.D. No. 65339 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7115 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs. V. Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW y s G -a NO. 2011-CV-794CV w NAE H. PARK, M.D., CENTRAL s?, PENNSYLVANIA E.N.T. CLINIC and JURY TRIAL DEMANDED p G DAVID A. WIEGAND, M.D., Defendants. -1 rj 0o n Z?L t PRELIMINARY OBJECTIONS OF DEFENDANTS NAE H. PARK, M.D. AND CENTRAL PENNSYLVANIA E.N.T. TO PLAINTIFF'S COMPLAINT AND NOW COMES Defendants, Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic, by and through their counsel, Thomas, Thomas & Hafer, LLP, and preliminarily objects to Plaintiffs' Complaint as follows: 1. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a) (1) FOR IMPROPER VENUE 1. Plaintiff initiated the above-captioned medical malpractice action against Defendants by filing a Complaint on or about January 12, 2011. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 1006(a), " ... an action against an individual may be brought in an only in a county in which the individual may be served or in which the course of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law." 3. Pursuant to Pa.R.C.P 1006(a) (1), professional malpractice actions must be brought in the county in which the cause of action arose. 4. Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic maintain offices in Wormleysburg, Cumberland County, Pennsylvania. See Plaintiffs' Complaint Paragraphs 2 and 3. 5. Defendant, David A. Wiegand, M.D. maintains an office in Camp Hill, Cumberland County, Pennsylvania. See Plaintiff's Complaint Paragraph 4. 6. All care and treatment provided to Plaintiff, Michael E. Moore, was provided within Cumberland County, Pennsylvania. 7. Dauphin County, Pennsylvania, lacks venue pursuant to Pa.R.C.P. 1006(a) (1). 8. Pursuant to Pa.R.C.P. 1028(a) (1), it is proper to challenge venue by means preliminary objection. WHEREFORE, it is respectfully requested captioned matter and Order that it be transferred to Honorable Court dismiss the of Common Pleas of County, Pennsylvania. I N OMAS, THOA49SI & U 1' Daniell. Grill, Esquire I.D. No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 land ? 1 LLP Y)/// Phone: (717) 237-7115 Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic :914035v1 IMAG,iED GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff RPCE 1'r F??. r 6 . 2"11 MAR 15 PM 2: 57 AUNTY N A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, CIVIL ACTION ROBIN A. MOORE, Husband and Wife, Plaintiffs V. No. 2011 CV 794 CV NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action Certificate of Merit as to Nae H. Park. M.D. I, April L. Strang-Kutay, Esquire, certify that: Z 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 increased the risk of harm or was a cause in bringing about the harm; AND/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 licensed professional is unnecessary for prosecution of the claim against this defendant. Date: .3 7 / )eL April L trang-Kutay, Esqui 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of , 2011, addressed to the following: Pennsylvania ENT Clinic 1000 North Front Street, Suite 400 Wormleysburg, PA 17043 David Wiegand, M.D. 207 House Avenue, Suite 100 Camp Hill, PA 17011 Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 By: Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717)509-6141 Attorneys for Plaintiff x }f ° .1 C,,1 "- ??+J t e X11}R IS PH 2: 57 TY ,A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, CIVIL ACTION ROBIN A. MOORE, Husband and Wife, Plaintiffs V. : No. 2011 CV 794 CV NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action Certificate of Merit as to David A. Wiegand, M.D. I, April L. Strang-Kutay, Esquire, certify that: 9/"'?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 increased the risk of harm or was a cause in bringing about the harm; AND/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 0 expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: //I April . Strang-Kutay, 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the _ '5 day of 2011, addressed to the following: Pennsylvania ENT Clinic 1000 North Front Street, Suite 400 Wormleysburg, PA 17043 David Wiegand, M.D. 207 House Avenue, Suite 100 Camp Hill, PA 17011 Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 By: ?" (? ?IaX4094 Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire t lwC !Vf OF Fi 1 a M M"i E I'Rf1TN0t ?? 1)" GOLDBERG, KATZMAN, P.C. 2011 MAR 15 PM 2: 57 April L. Strang-Kutay - I.D. No. 46728 D Of- a? ,, 600-A Eden Road u O UN T Y Lancaster, PA 17601 N N A (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, CIVIL ACTION ROBIN A. MOORE, Husband and Wife, Plaintiffs V. No. 2011 CV 794 CV NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action Certificate of Merit as to Pennsylvania E.N.T. Clinic I, April L. Strang-Kutay, 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 increased the risk of harm or was a cause in bringing about the harm; AND/OR W/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 licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 7/11 "-'` 2:? A - April L. trang-Kutay, Esqu' 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the day of , 2011, addressed to the following: Pennsylvania ENT Clinic 1000 North Front Street, Suite 400 Wormleysburg, PA 17043 David Wiegand, M.D. 207 House Avenue, Suite 100 Camp Hill, PA 17011 Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 By: k:??M_A Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire William T. Tully solicitor r Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MICHAEL & ROBIN MOORE VS NAE H PARK, M.D. Sheriff s Return No. 2011-CV-00794-CV And now: FEBRUARY 1, 2011 at 3:18:00 PM served the within COMPLAINT upon NAE H PARK, M.D. by personally handing to NAE H PARK, M.D. 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 200 RIVER BEND DRIVE (CUMBERLAND CO) ENOLA PA 17025 Deputy: COUNTY OTHER Plaintiff. MICHAEL & ROBIN MOORE Sheriffs Costs: $90 1/24/2011 Out Of County Cost: $74.44 So Answers, Sheriff of Dauphin County, Pa. T . .r - t cn C ffirt Of thec*11-cri William T. Tully Solicitor t Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MICHAEL & ROBIN MOORE VS NAE H PARK, M.D. Sheriff s Return No. 2011-CV-00794-CV I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DAVID A WIEGAND, M.D. the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 7, 2011. PER CUMBERLAND COUNTY, DEFT, DAVID WIEGAND, MD IS NOT LOCATED AT ADDRESS: 1000 NORTH FRONT ST, SUITE 400, WORMLEYSBURG, PA 17043, THIS IS CURRENTLY OCCUPIED BY ECELLENCE DIABETES, ENDOCRINOLOGY AND METABOLISM CENTER SINCE JULY 2009. So Answers, Deputy: COUNTY OTHER Plaintiff: MICHAEL & ROBIN MOORE Sheriffs Costs: $90 1/24/2011 Out Of County Cost: $74.44 - 21 ryry Sheriff of Dauphin County Pa. ?. 1 ?- , z ? cn t Of the "1? yr ',?..f William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin a a:x4,;? ?r:?.a Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MICHAEL & ROBIN MOORE VS NAE H PARK, M.D. Sheriff s Return No. 2011-CV-00794-CV I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CENTRAL PENNSYLVANIA ENT CLINIC the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 7, 2011. PER CUMBERLAND COUNTY, DEFT CENTRAL PENNSYLVANIA ENT CLINIC IS NOT LOCATED AT ADDRESS: 1000 NORTH FRONT ST, SUITE 400, WORMLEYSBURG, PA 17043, THIS IS CURRENTLY OCCUPIED BY ECELLENCE DIABETES, ENDOCRINOLOGY AND METABOLISM CENTER SINCE JULY 2009. So Answers, Deputy: COUNTY OTHER Plaintiff: MICHAEL & ROBIN MOORE Sheriffs Costs: $90 1/24/2011 Out Of County Cost: $74.44 m - CD -n M Sheriff of Dauphin County, Pa. y- `n Q1 ? f T _, r- rn f v 1 2011 MAR 17 PM 2= 45 GOLDBERG, KATZMAP , P.C. April L. Strang-Katay - I.D. No. 1.6728 600-A Eden Itoac Lancaster, PA 17t>01 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOOR E and, CIVIL ACTION ROBIN A. MOORE, Jusband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E. 4.T. CLINIC and DAVID A. WIEGAN 3, M.D. Defi.ndants TO THE PROTHONOTARY: ?ilGE,IY?_ir OFFICE. Eft PRO 1 Hl,NO I DAur{? ti ?WUNTY PENNA No. 2011 CV 794 CV : JURY TRIAL DEMANDED Medical Professional Liability Action PRAECIPE Please reinstatti the Complaint against Defendants, Central Pennsylvania E.N.T. Clinic and David A. Wiegan i M. D. in the above-referenced matter. To: Stephen E. Farina, Prothonotary Dated: March 17, 2011 (?? A Attorno for Pl& € April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. -I.D. No. 46728 r.• L_ :"I APR -5 A" 7.4.4 FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Attorney for Defendant: David A. Wiegand, M.D. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PA NO. 2011-CV-794CV CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION Defendants : JURY TRIAL DEMANDED AND NOW comes Defendant, David A. Wiegand, M.D., by and through his counsel, Foulkrod Ellis, P.C. and hereby files the within Preliminary Objection to Plaintiffs' Complaint as follows: 1. The within medical malpractice action was initiated by Complaint filed on or about January 12, 2011. A true and correct copy of Plaintiffs' Complaint is attached hereto. 2. Dr. Wiegand was served with the Complaint on or about March 28, 2011. 3. The case appears to arise out of an alleged failure to diagnose superior canal dehiscence. 4. All care and treatment relating to this matter occurred in Cumberland County. Preliminary Objection - Improper Venue - Pa. R C P 1028(a)(1) 5. Pursuant to Pa. R.C.P. 1006(a. 1), "a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in a county in which the cause of action arose. 6. The only county in which care was provided relative to this matter was Cumberland County. 7. Dauphin Count lacks venue pursuant Pa. R.C.P. 1006(a.1). 8. Accordingly, this matter should be transferred to the Court of Common Pleas of Cumberland County. WHEREFORE, it is respectfully requested that this Honorable Court dismiss the above- captioned matter and Order that it be transferred to the Court of Common Pleas of Cumberland County. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: I ti B (A Y• Lei h A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 2 GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 4672$ 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff z r IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA z MICHAEL E. MOORE and, CIVIL ACTION ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants ..x: C] ? } F) co No. c? 0 ?? C ? ?C1 ?t' C?? : JURY TRIAL DEMANDED : Medical Professional Liability Action N TI E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 717-232-7536 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo a] partir de la fecha de la demanda y la notiftracion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demanders en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICE CONCERNING MEDIATION'OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717- 232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the DCBA. AVISO REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la corte de soplicas comunes del condado de Dauphin Green que la mediacion de pleitos es un componente muy importante de Ia resolucon del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta maneea de la mediacion. La code ha adoptado la regla local de condado de Dauphin 1001 Para animar el use de la mediacion. Esta alarma temprana permite a litigantes determiner la mejor 6poca durante la vida de su pleito Para una session de Ia mediacion. El intento de esta alarma temprana es actuar sobre la mediation de Ia buena fe en el tiempo Optimo. La asociaci8n de Ia barra del condado de Dauphin proporciona servicios de la mediacion y se puede alcanzar en 717-232-7536. La sesi8n libre de la mediaci8n Para los favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibles con el DCBA. GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 ?- 600-A Eden Road Lancaster, PA 17601 n _ r (717) 509-6141 Attorneys for Plaintiff ` ca IN THE COURT OF COMMON PLEAS OF c DAUPHIN COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, ROBIN A. MOORE, Husband and Wife, Plaintiffs V. : CIVIL ACTION No. aa?lcv 7qylcv NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action COMPLAINT w ?°- C' CD r r O ?,C7rTI rr? r co AND NOW, comes the Plaintiffs, Michael E. and Robin A. Moore, husband and wife, by and through their attorneys, Goldberg Katzman P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Plaintiff' Michael E. Moore, and Plaintiff wife, Robin A. Moore, are adult individuals, living and residing at 6820 Huntingdon Street, Harrisburg, PA 17111. 2. Defendant, Nae H. Park, M.D., (hereinafter referred to as "Dr. Park") is a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address during the time at issue of 1000 North Front Street, Suite 400, Wormleysburg, PA 17043. Dr. Park is now retired and resides at 200 River Bend Drive, Enola, PA 17025-1335. 3. Defendant Central Pennsylvania ENT Clinic is a professional medical practice entity, licensed in the Commonwealth of Pennsylvania, and located at 1000 North Front Street, Suite 400, Wormleysburg, PA 17043. 4. Defendant, David A. Wiegand, M.D. (hereinafter referred to as "Dr. Wiegand"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania with a business address of 207 House Avenue, Suite 100, Camp Hill, PA 17011. STATEMENT OF LIABILITY In accordance with Pa. R.C.P. No. 1042.2, this is a professional liability action brought against all defendants in this action. STATEMENT OF FACTS 6. That Michael E. Moore, hereinafter referred to as Plaintiff, began treating with Dr. Park in or around 1998 for complaints of headache and persistent ear infections, which were assessed as chronic bilateral otitis media and right mastoiditis. 7. That Plaintiff consulted with Dr. Park on numerous occasions during the period from 2002 to 2005, including a diagnostic typanogram performed on or about 9/2/05, which caused dizziness on the right, as well as the Plaintiff's frequent descriptions to Dr. Park of the onset of vertigo/dizziness upon compression of his right ear. 8. That despite Plaintiffs persistent complaints of vertigo, ear pain and hearing difficulty, no diagnostic work up to rule out underlying causes for this vertigo, including CT of the temporal bones, was ordered. 9. That on or about March 2006, following Dr. Park's retirement, Plaintiff' began to treat with Dr. Wiegand for his otologic problems. A study performed during Plaintiffs initial work up in March 2006 again noted dizziness during the right-sided tympanogram, which was accompanied by the Plaintiff's repeated descriptions of dizziness when the right ear was compressed; a high resolution CT of the temporal bones using bone window settings was not employed. 4 10. That Plaintiff continued to treat with Dr. Wiegand for his otologic problems during the remainder of 2006 and 2007, for his condition diagnosed as "benign positional vertigo" which Dr. Wiegand related to uncomplicated Eustachian tube dysfunction, treated with Prednisone. In this period, Plaintiff submitted to an ENO which demonstrated findings indicative of a fistula, yet no further evaluation was undertaken by Dr. Wiegand. 11. That on or about September 2009, Plaintiff returned to Dr. Wiegand for his continued balance disturbance symptoms, which were now interpreted by Dr. Wiegand as somewhat different, resulting in a referral to Dr. Jon Isaacson, M.D. 12. That Plaintiff was seen by Dr. Isaacson on October 8, 2009, with immediate suspicion by this specialist for a diagnosis of superior canal dehiscence. This diagnosis was confirmed after appropriate diagnostic CT, and resulted in surgical intervention by Dr. Isaacson on November 17, 2009 in order to treat and halt the progressive otologic pathology which had persisted for several years. COUNTI NEGLIGENCE MICHAEL E. MOORS VS NAE PARK, M.D. 13. The averments contained in paragraphs 1-12 are hereby incorporated by reference. 14. At all times relevant to the incident described in paragraphs 6, 7 and 8 of this Complaint, Plaintiff was a patient of Dr. Park until the end of 2005, and relied on the care and evaluation by Dr. Park in his specialty as an otolaryngologist. 15. That the Defendant, Dr. Park, was negligent and careless in the medical treatment provided to the Plaintiff, in that he: a. failed to order appropriate diagnostic tests for the vertigo/dizziness on compression of the right ear; 5 b. failed to appreciate the results of a tympanogram performed on or about 2005; C. failed to refer Plaintiff to an otologic specialist for the continued and persistent complaints of dizziness/vertigo, as well as other symptoms indicative of ongoing pathology; d. failed to appreciate the significance of cool calories on the right, which were indicative and symptomatic of pathology which remained undiagnosed and untreated; e. failed to rule out cholesteatoma with the appropriate studies, despite Plaintiff's ongoing and persistent complaints and symptoms; f. failed to make the diagnosis of cholesteatoma, leading to a corresponding delay in treatment, and g. failed to make the diagnosis of fistula, leading to a corresponding delay in treatment. 16. That as a result of Dr. Park's negligent conduct as described in the preceding paragraph, Plaintiff endured pain, vertigo, dizziness, declining hearing and permanent disability due to his untreated otologic condition. 17. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff was exposed to increased risk of growth of his cholesteatoma, leading to more complex surgery, involving the risks of complete loss of hearing, permanent vestibular problems, exposure of the cranial cavity by erosion of the tegmen plate, exposure of the facial nerve by erosion of the bone under the cholesteatoma, as well as sigmoid sinus thrombosis, brain abscesses and meningitis. 6 18. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff continues to suffer hearing loss and balance disturbance, for which there is no remedy, and which affects every aspect of his life. 19. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff has been caused to sustain a dimunition of his earning capacity in the future, as well as past and future medical expenses. 20. That as a result of Dr. Park's negligent conduct as described in paragraph 15, Plaintiff has been caused to sustain, and will, in the future, continue to sustain auditory loss, balance and vertigo difficulty, pain, suffering, inconvenience, emotional distress, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against the Defendant, Nae Park, M.D., for a sum in excess of $50,000 together with interest and costs. COUNT H MICHAEL E. MOORE V. CENTRAL PA E.N.T. CLINIC VICARIOUS NEGLIGENCE 21. The averments contained in paragraphs 1-20 are hereby incorporated by reference. 22. At all times relevant to the subject matter of this Complaint, Dr. Park was acting as an employee and/or ostensible agent of the Central PA E.N.T. Clinic. 23. At all times material hereto, Dr. Park was acting within the course and scope of his employment by the Central PA E.N.T. Clinic. 24. Defendant Central PA E.N.T. Clinic, acting by and through its agents and/or employees, including Dr. Park, was negligent as set forth in the preceding paragraphs of this Complaint. 25. Defendant Central PA E.N.T. Clinic is vicariously liable for the negligence of its agents and/or employees, including, but not limited to, Dr. Park, as set forth in the preceding paragraphs of this Complaint. 26. As a direct and proximate result of the negligence of Defendant Central PA E.N.T Clinic, Plaintiff sustained the damages set forth in the preceding paragraphs of this Complaint. WHEREFORE, Plaintiff demands judgment against Defendant Central PA E.N.T. Clinic in an amount in excess of $50,000 together with interest and costs. COUNT III NEGLIGENCE MICHAEL E. MOORE VS DAVID WEIGAND, M.D. 27. The averments contained in paragraphs 1-26 are hereby incorporated by reference. 28. At all times relevant to paragraphs 9, 10 and 11, as described in this Complaint, Plaintiff Michael Moore was a patient of Dr. Wiegand, relying on the care and evaluation by Dr. Wiegand in his specialty as a neuro-otologist. 29. That the Defendant, Dr. Wiegand, was negligent and careless in the medical treatment provided to the Plaintiff in that he: a. failed to appreciate and investigate the Plaintiffs repeated complaints of right sided ear problems, which included the patient's own description and demonstration of dizziness/vertigo with right ear compression; b. failed to appreciate and investigate abnormal test results, including the cool calorics referable to the right ear; C. failed to appreciate and investigate the abnormal tympanogram, again consistent with right sided dizziness at fhe time of Dr. Wiegand's initial evaluation in March 2006; 8 d. failed to appreciate the abnormal findings consistent with the multiple records from Dr. Park, including tympanograms and other studies, which demonstrated persistent right sided symptoms for years; e. failed to order an appropriate CT to determine if cholesteatoma and/or semicircular canal fistula were present; f. failed to properly note his examination of the external auditory canals, tympanic membranes, attic areas and middle ears/ossicles, and whether this was done via use of an operating microscope; g. inconsistently noted retracted eardrums during his examinations of March 2006, July 2006 and August 2007, but failed to order appropriate tests to determine the underlying cause of this condition; h. failed to appreciate the ENG results of August 2006 indicative of ongoing pathology and possible presence of a canal fistula; i. failed to appreciate and investigate the ongoing right tympanogram finding in April 2007 which again had consistently demonstrated dizziness on that side, all indicative of underlying pathology; j. failed to make the diagnosis of choiesteatoma, leading to a corresponding delay in treatment; and k. failed to make the diagnosis of fistula leading to a corresponding delay in treatment. 30. That as a result of Dr. Wiegand's negligent conduct as described in the preceding paragraph, Plaintiff endured pain, vertigo, dizziness, declining hearing and permanent disability due to his untreated otologic condition. 9 31. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff was exposed to increased risk of growth of his cholesteatoma, leading to more complex surgery, involving the risks of complete loss of hearing, permanent vestibular problems, exposure of the cranial cavity by erosion of the tegmen plate, exposure of the facial nerve by erosion of the bone under the cholesteatoma, as well as sigmoid sinus thrombosis, brain abscesses and meningitis. 32. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff continues to suffer hearing loss and balance disturbance, for which there is no remedy, and which affects every aspect of his life. 33. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff has been caused to sustain a dimunition of his earning capacity in the future, as well as past and future medical expenses. 34. That as a result of Dr. Wiegand's negligent conduct as described in paragraph 29, Plaintiff has been caused to sustain, and will, in the future, continue to sustain auditory loss, balance and vertigo difficulty, pain, suffering, inconvenience, emotional distress, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against the Defendant, David Wiegand, M.D., for a sum in excess of $50,000 together with interest and costs. COUNT IV LOSS OF CONSORTIUM ROBIN A. MOORE VS NAE PARK, M.D., CENTRAL PA E.N.T. CLINIC, and DAVID WIEGAND, M.D. 35. The averments contained in paragraphs 1-34 are hereby incorporated by reference. 10 36. That as a result of Defendants' negligent conduct as noted above, Plaintiff-wife Robin A. Moore has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiff-wife, Robin A. Moore, demands judgment against Defendants in an amount in excess of $50,000 together with interest and costs. GOLDBERG KATZMAN, P.C. By: ALS ti Apr g-Kutay, Esquire I.D. # 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs Date: Ii I, Michael E. Moore, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: /-- / D _.// ,Ole , ft44.-?. Michael E. Moore VERIFICATION I, Robin A. Moore, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Robin A. Moore 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: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal L. Nemetz, Secriellary FOULKROD ELLIS A? Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Attorney for Defendant: Fax: (717) 909-6955 David A. Wiegand, M.D. j C- Cf1 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., : Defendants IN THE COURT OF COMMON PLEAO DAUPHIN COUNTY, PA Q° NO. 2011-CV-794CV ca CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter our appearance on behalf of Defendant, David A. Wiegand, M.D., with regard to the above-captioned action. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: By: Leigh A.. Ellis, Esquire Attorne I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 1St day of April, 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION V By:_ k /IlAk? Stacy Breon, Paralegal Distribution: April L. Strang-Kutay, Esquire, Goldberg Katzman, P.C., 600-A Eden Road, Lancaster, PA 17601, 717-509-6141 Daniel L. Grill, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, Harrisburg, PA 17108, 717-237-7115 Leigh A.J. Ellis, Esquire, Foulkrod Ellis, 4000 Market Street, Camp Hill, PA 17011, 717-909- 7006 the ,-Sljvrfff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin I, ?' / W J{a k 6?eLi FF4 F F ? lJ ??? L y .Ar i Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MICHAEL & ROBIN MOORE VS DAVID A WIEGAND Sheriff s Return No. 2011-CV-00794-CV 1 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CENTRAL PENNSYLVANIA E.N.T. CLINIC the DEFENDANT named in the within REINSTATED COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 29, 2011. PER CUMBERLAND COUNTY, DEPUTIES WERE ADVISED THAT DEFT CENTRAL PENNSYLVANIA E.N.T. CLINIC IS NO LONGER IN BUSINESS AND DR. DAVID A. WIEGAND TOOK OVER THIS PRACTICE UNDER HIS NAME. DR. NAE PARK WAS PREVIOUS OWNER OF CENTRAL PENNSYLVANIA ENT CLINIC AT: 207 HOUSE AVENUE, SUITE 100, CAMP HILL, PA 17011 AND IS THOUGHT TO BE RESIDING IN ENOLA, PA So Answers, Deputy: COUNTY OTHER Plaintiff. MICHAEL & ROBIN MOORE Sheriffs Costs: $70 3/23/2011 Ale "&h-criff William T. Tully Solicitor .. a Z7 ' Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • a, !i; ? Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MICHAEL & ROBIN MOORE VS DAVID A WIEGAND Sheriff s Return No. 2011-CV-00794-CV 1 And now: MARCH 28, 2011 at 1:49:00 PM served the within REINSTATED COMPLAINT upon DAVID A WIEGAND by personally handing to CHERYL SEAMAN 1 true attested copy of the original REINSTATED COMPLAINT and making known to him/her the contents thereof at 207 HOUSE AVENUE, SUITE 100 (CUMBERLAND CO) CAMP HILL PA 17011 OFFICE MANAGER AND PERSON IN CHARGE AT TIME OF SERVICE. So Answers, Deputy: COUNTY OTHER Plaintiff. MICHAEL & ROBIN MOORE Sheriffs Costs: $70 3/23/2011 Out Of County Cost: $47.94 ? 1?7 er;-? Sheriff of Dauphin County, Pa. - cn 13 IVA MICHAEL E. MOORE and ROBIN A. MOORE, husband and wife, Plaintiffs V. DAVID A. WIEGAND, M.D., NAE H. PARK, M.D. and CENTRAL PENNSYLVANIA E.N.T. CLINIC, Defendants ' ? „r e,' S ®R T / t-J IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2011 CV 794-CV w s, -nc? R Tt m _ - C ¢ --i f">M CIVIL ACTION - LAW < -- 0 ORDER AND NOW THIS _/eday of May, 2011, the Certificate of Readiness filed by counsel for defendant David A. Weigand, M.D. on May 5, 2011 will not be entertained. Briefs have not yet been filed by plaintiff or defendant. All parties are directed to Pa. Rule of Civil Procedure 1028 and Dauphin County Local Rule 1028(c)(3). A new Certificate of Readiness must be filed at the appropriate time which also indicates the title and date of filing of matter to be assigned. The local rules are found on the Dauphin County website at www.dauphincounty.org at court departments. If an attorney would like to be added to the civil e-mail list serve to receive notification of rule changes, please contact the Dauphin County Court Administrator's Office at (717) 780- 6630. BY THE COURT: r Distribution: Cindy N. Ellis, Esquire, 4000 Market Street, Camp Hill, PA 17011 April L. Strang-Kutay, Esquire, 600-A Eden Road, Lancaster, PA 17601 Daniel L. Grill, Esquire, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 V DAUPHIN COUNTY TWELFTH JUDICIAL CERTIFICATE OF READINESS C OURT OF COMMONIPLEAS - ----------- Effective: Rev. (1), February 2011 INSTRUCTIONS: This form shall be used for the assignment of Pretrial Motions (Preliminary Objections, Motions for Judgment on the Pleadings, Motions for Summary Judgment, Divorce Special Relief and Contested Civil Motions) and the listing of a case for Arbitration, Non-jury Trial or Jury Trial. File the original and one copy of this form with the Prothonotary's Office. This Certificate of Readiness must be personally signed by the filing Lei r.i re....r.t r,r H,n fi6nn nm cm noirhi 11 Ica rcvercu cid a if noraasarv_ nn NAT ABBREVIATE PARTIES-1 PLAINTIFF(S): Michael E. Moore and Robin A. Moore, husband and wife DEFENDANT(S): David A. Wiegand, M.D. _ ADDITIONAL DEFENDANT(S): --t "r1 M.D., Central Pennsylvania E.N.T. Clinic -o-..: Nae H. Park , DOCKET NUMBER: 2011 -CV-794CV C-) 7 rn A. PRETRIAL MOTIONS (Complete Sections A and G of the Certificate of Readiness) C = Preliminary Objections ? Judgment on the Pleadings ? Summary Judgment ? Divorce Special Relief ? Corri?ted C;?MotioP- . , Is oral argument requested? ? YES II@ NO (See Dauphin County Local Rule 211) ?¦ Title and date of filing of matter to be assigned: D4. Wicyywtd'3 Prely.n:Aa`N obi ttt,llons+l {c) A pr"d Sr .? oI? lvania R les of Civil Pro r di iti i b d ith th P n s ed d th D hi tif th t th tt i d f I h b or spos on n ccor ance w e e n y u c u e an e aup n y a e ma er s rea y ere y cer County Local Rules, t?cu?:t„w.y oblec,44 +s ^rt UN WNTES'TCD B. ARBITRATION (Complete Sections B, E, F and G of the Certificate of Readiness) ? 1 hereby certify that the amount in controversy is $50,000 or less, and that this case is ready in all respects for disposition by a Board of Arbitration. This matter will be heard by a Board of Arbitration at the time, date, and place specified by the Chair of the panel, but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties being present. I also realize that there is no right to a trial de novo on appeal from a decision entered by a Judge. C. NON-JURY CIVIL TRIAL (Complete Sections C, E, F and G of the Certificate of Readiness) ? 1 hereby certify that all discovery in the case has been completed and that the case is ready in all respects to be assigned to a judge for a non jury civil trial in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. D. CIVIL JURY TRIAL (Complete Sections D, E, F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed; that I have made reasonable inquiry of all counsel and/or pro se parties to ensure that all necessary parties, attorneys, and witnesses will be available and that they are available; that serious settlement negotiations have been conducted; and that the case is ready in all respects for trial, all in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. I understand that this case will be listed for a jury trial for the next trial term in accordance with the timelines found in the annual court calendar. I further understand that sanctions may be imposed upon me by the Court for the filing of an improper Certificate of Readiness listing a case for jury trial. Has this case previously been certified for trial? ? Yes, date previously certified: ? No, never previously certified E. TYPE OF CASE AND ESTIMATED TRIAL LENGTH I.] Contract ? Medical Malpractice ? Motor Vehicle Accident ? Products Liability ? Premises Liability ? Other Malpractice ? Other Type of Case: Estimated Trial Time: days F. MEDIATION ? Pursuant to Dauphin County Local Rule 1001, 1 hereby certify that mediation has been previously pursued pr that the topic of mediation was discussed by not only counsel with their clients but also by all counsel and/or pro as parties and rejected only after good faith consideration. G. COUNSEL: (List names, addresses and telephone numbers of all counsel and check appropriate box to designate listing counsel) Plaintiff(s): April L. Strang-Kutay, Esq. Goldberg Katzman P C Telephone Number: (717) 509-6141 , , . . 600-A Eden Road ? Listing Counsel Lancaster, PA 17601 Email Address: asj @ goldbergkatzman.com Defendant(s): Cindy N. Ellis, Esq. Foulkrod Ellis Telephone Number: (717) 909-7006 Ext. 3 4000 Market Street ® Listing Counsel Camp Hill, PA 17011 Email Address: Cindy@foulkrod.com Additional Defendant(s): Daniel L. Grill, Esquire Telephone Number: Thomas, Thomas & Hater, LLP 3 (717) 237-7115 05. Front Street P.O. Box 999 Hamsburg PA 17108 Email Address: drill@tthlaw.com dgrill@tthlaw.com , ? Listing Counsel I, the undersigned listing counsel or pro se party, hereby acknowledge that sanctions may be imposed upon me for the improper filing of this Certificate of Readiness and that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. I further certify that 1 will immediately ss a all counsel and/or pro se parties with a copy of this Certificate of Readiness. Date Signature of Listing Counsel or Pro Se Party (Read Verification First) CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 3/ A 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: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Cryst 1 L. Nemetz, Secretary Date: 5/6/2011 Dauphin County Time: 0! :05? AM 1 ROA Report Page 1 of 2 Case: 2011-CV-00794-CV Current Judge: No Judge Michael E Moore, et al vs. Nae H Park, et al Date Civil Judge 1/20/2011 New Civil Case Filed This Date. No Judge Plaintiff. Moore, Robin A Attorney of Record: April L Strang-Kutay No Judge Filing: Complaint Paid by: Goldberg Katzman Receipt number: 0245170 No Judge Dated: 1/20/2011 Amount: $145.50 (Check) For: Moore, Michael E (plaintiff) Plaintiff: Moore, Michael E Attorney of Record: April L Strang-Kutay No Judge AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA (AGING No Judge PURPOSES - CIVIL ACTION) Legal Professional Liability Complaint filed. No Judge AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA 2/1/2011 Complaint: Sheriffs Return filed stating service was completed. So No Judge answers J.R. Lotwick, Sheriff. to Nae H Park on 2/1/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $90.00. Cumberland County Sheriffs Costs: $74.44 2/22/2011 Thomas Thomas & Hafer by Daniel L Grill, Esq enters appearance on No Judge behalf of Defendant: Central Pennsylvania E N T Clinic and Nae H. Park. Defendant: Park, Nae H Attorney of Record: Daniel L Grill No Judge Demand for Jury Trial, filed No Judge 3/3/2011 Preliminary objections of defendants Nae H. Park, M.D., and Central No Judge pennsylvania E.N.T. to plaintiffs complaint, filed. 3/7/2011 Complaint: Sheriff of Dauphin County returns Not Found as to No Judge Defendant(s). So Answers, J.R. Lotwick, Sheriff. to David A Wiegand on 3/7/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. Complaint: Sheriff of Dauphin County returns Not Found as to No Judge Defendant(s). So Answers, J.R. Lotwick, Sheriff. to Central Pennsylvania E N T Clinic on 3/7/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 3/15/2011 Certificate of Merit as to Nae H. Park, M.D., filed. No Judge Certificate of Merit as to David A. Wiegand, M.D., filed. No Judge Certificate of Merit as to Pennsylvania E.N.T. Clinic, filed. No Judge 3/17/2011 Complaint reinstated. See Praecipe, filed. No Judge 3/28/2011 Reinstated Complaint: Sheriffs Return filed stating service was No Judge completed. So answers J.R. Lotwick, Sheriff. to David A Wiegand on 3/28/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $70.00. Cumberland County Sheriffs Costs: $47.94 3/29/2011 Reinstated Complaint: Sheriff of Dauphin County returns Not Found as to No Judge Defendant(s). So Answers, J.R. Lotwick, Sheriff. to Central Pennsylvania E N T Clinic on 3/29/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 4/5/2011 Preliminay objections of defendant David A. Wiegand, M.D., filed. No Judge Foulkrod Ellis by Leigh A.J.Ellis, Esq and Cindy N Ellis, Eq enters No Judge appearance on behalf of Defendant: Wiegand, David A User: DFREEMAN Date: 5/6/2011 Time: 09:09 AM Page 2 of 2 Michael E Moore, et al vs. Nae H Park, et al Dauphin County ROA Report Case: 2011-CV-00794-CV Current Judge: No Judge Civil Date Judge User: DFREEMAN 5/5/2011 Certificate of Readiness for Pretrial Motion filed by Counsel for No Judge Defendant(s). MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs.: V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A WIEGAND NAT) 9 ?M Pr „ V G E ur"' IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2011 CV 794 CV - q x _ M JURY TRIAL DEMANDED Co ., -0 ; -? < Defendants. N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena to produce documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about April 25, 2011. 2. A true and correct copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The 20-day period for filing and serving objections has expired without any objections being made; and 4. The subpoena that will be served is identical to the subpoena that is attached to this Certificate. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date: / By: ?G?Yt t Daniel L. Grill, Esquire Attorney I.D. No. 35539 305 North Front Street P. O. Box 999 Harrisburg, PA 171o8 (717) 237-7115 Daniel L. Grill, Esquire I.D. No. 65339 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOY 999 HARRISBURG, PA 17108 (717)237-7115 Attorneys for Defendants Nae H. Pork, M.D. and Central Pennsylvania E.N.T. Clinic MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, IN THE COURT OF COMMON PLEAS Plaintiffs.: DAUPHIN COUNTY, PENNSYLVANIA V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants.: CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED NOTICE OF INTENT-TO ISSUE SUBPOENAS °.TO;PRODU.CE DOCUMENTS AND THINGS ?FOR;DISCOVERY>PURSUANT"TO'RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas upon Chambers Hill Family Medicine Center, Albert J. Zonetti, D. 0. Pinnacle Health Systems, Tristan Associates, Health5outh Rehab, George Koscoe lll, D. 0., Jill P. Carre, D.D.S., and Associated Otolaryngologists of PA, LTD, identical to the ones 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 subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, a1,2 /?I Date THOMAS, THOMAS & HAFER, LLP ?, ) tL-, , L- 'J '2t~A'A DANIEL L. GRILL, ESQUIRE t MICHAEL E. MOORE and ROBIN A. MOORE. Husband and Wife. Plaintiffs. N!. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Chambers Hill Family Medicine Center. 5400 Chambers Hill Road Harrisburg PA 17111 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence, diagnostic studies radiology films testingresults, blood alcohol test results lab reports physical therapy records bills insurance forms medication/prescription information including records from other providers contained within your chart photographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999 Harrisburg PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935699.1 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs y. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. rNT THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNTSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Albert J Zanetti D.C.. 591 North 67th Street Harrisburg PA 17111. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence. diagnostic studies radiology films testing results blood alcohol test results lab reports physical therapy records bills insurance forms medication/prescription information including records from other providers contained within Vour chart photographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N ..Front St P.O. Box 999 Harrisburg PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935706.1 MICHAEL E. MOORE and ROBIN? A. MOOP.E. Husband and Wife, Plaintiffs v. NAE H. PARK. M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND. M.D., Defendants. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records PinnacleHealth Hospitals P O Box 8700, Harrisburg. PA 17105 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things. A complete copy of your medical chart on Michael Moore, DOB: 09/2911954: SS# 198-44-8512, including emergency room, inpatient, and outpatient care, correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies (both reports and actual films/CDs), lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart from January 1, 1980 - present. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999 Harrisburg PA 17108-0999 (Address) You may deliver or mai! legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935665.1 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs N" NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Tristan Associates 4518 Union Deposit Road Harrisburg PA 17111. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence x-ray and/or MRI films images or other diagnostic studies diagnostic test results and reports bills, insurance forms, medication/prescription information including records from other providers contained within your chart photographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore. DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer. LLP 305 NFront St P.O. Boy 999 Harrisbura PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935707.1 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs.: V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. IN' THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records HealthSouth Rehab 4950 Wilson Lane Mechanicsburg PA 17055. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence diagnostic studies radiology films testinq results blood alcohol test results lab reports, physical therapy records bills insurance forms medication/prescription information includinq records from other providers contained within your chart photographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N Front St P O Box 999, Harrisburg. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935729.1 MICHAEL E. MOORE and ROBIN A. MOORE. Husband and Wife, Plaintiffs. V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND. M.D., Defendants. INl THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records George Kosco III D O 2801 Old Post Road Harrisburg PA 17110. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence diagnostic studies radiology films testing results blood alcohol test results lab reports physical theragy records bills insurance forms medication/prescription information including records from other providers contained within your chart photographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N Front St. P.O. Box 999. Harrisburg PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 936419.1 MICHAEL E. MOORE and ROBIN A. MOORE. Husband and Wife, Plaintiffs N'. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Jill R Carre DDS 3404 Derry Street Suite 1 Harrisburg PA 17111. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence diagnostic studies radiology films testing results blood alcohol test results lab reports, physical therapy records bills insurance forms medication/prescription information including records from other providers contained within your chartphotographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09129/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999. Harrisburg PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 936420.1 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife. Plaintiffs.: v. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants. IN THE COURT OF 'COMMON PLEAS DAUPHIN COUNTY. PENTNSYLVANIA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Associated Otolaryn-gologists of PA 880 Poplar Church Road Camp Hill PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports treatment notes correspondence, diagnostic studies radiology films testing results blood alcohol test results lab reports physical therapy records bills insurance forms medication/prescription information including records from other providers contained within your chartphotographs and any and all such items that may be stored in a computer database or otherwise in electronic form relating to the care and treatment of Michael Moore DOB: 09/29/1954 SS# 198-44-8512 from date of first visit to present. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999 Harrisburg. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 935710.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of intent to Issue Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in ---1h / the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the-? day of L? 2011, on all counsel of record as follows: April L. Strang-Kutay, Esq. Goldberg, Katzman, P.C. 600 A. Eden Road Lancaster, Pa 17601 Cindy Ellis, Esq. Foulkrod Ellis PC 4000 Market Street Camp Hill, Pa 17011 THOMAS, THOMAS & HAFER, LLP Susan S. Jones, Paralegal for Daniel L. Grill, Esquire 935717.1 2 CERTIFICATE OF SERVICE I, SUSAN S. JONES, PARALEGAL, of the law firm of THOMAS, THOMAS & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing same in the United States 1st Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: April L. Strang-Kutay, Esquire Goldbery Katzman, P.C. 600 A Eden Road Lancaster, PA 17601 Cindy Ellis, Esquire Foulkrod Ellis PC 4000 Market Street Camp Hill, PA 17011 { Susan S. Jones, Paralegal Date: '5/ i/I ( L( COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Michael Moore and Robin Moore Court of Common Pleas VS. Dr. David Wiegand et al Case Number: ?,o ?? CJ "1 q y CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Leigh Ellis, Esquire of Foulkrod Ellis PC 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: 71712011 CC: Leigh Ellis, Esquire Foulkrod Ellis PC 4000 Market Street Camp Hill PA 17011 Litigation Solutions, LLC on behalf of Leigh Ellis, Esquire of Foulkrod Ellis PC Attorney for the Defendant N_ Cn PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF DAUPHIN Michael Moore and Robin Moore Court of Common Pleas VS. Dr. David Wiegand et al 2001-CV-294 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Tristan Associates Radiology Pinnacle Health Community General Osteopathic Hospital Radiology TO: April L. Strang-Kutay, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Leigh Ellis, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 7/1/2011 Litigation Solutions, LLC on behalf of: CC: Leigh Ellis, Esquire of Foulkrod Ellis PC - Court of Common Pleas Leigh Ellis, Esquire Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 COUNSEL LISTING FOR MICHAEL MOORE AND ROBIN MOORE VS. DR. DAVID WIEGAND ET AL County of Dauphin Court of Common Pleas Counsel Firm Counsel Type Strang-Kutay, Esquire, 600-A Eden Road Lancaster PA 17601 P: 717-509-6141 F: 717- Opposing April L. 509-0148 Counsel Grill, Esquire, Daniel 305 North Front Street 6th Floor Harrisburg PA 17101 P: 717-237- Other 7100 F:717-237-7105 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Michael Moore and Robin Moore File No. VS. Dr. David Wiegand et al 2001-CV-294 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Pinnacle Health Community General Osteopathic Hospital TO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE E ATTACHED RIDER 101 fi owne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh Ellis, Esquire NAME 4000 Market Street ADDRESS: Camp i , 1/011 717-909-7006 TELEPHONE : 53229 SUPREME COURT ID # Defense ATTORNEY FOR: 7/1/2011 DATE Seal of the Court By the Court: Prothono ary Laftatj °1'f'1" ?,? Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health Community General Osteopathic Hospital 4300 Londonderry Road Harrisburg PA 17109 Attention: Radiology Films Library Subject: Moore, Michael SS#:8512 Date of Birth: 9/29/1954 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports for 7/25/02 CT of Brain. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Michael Moore and Robin Moore 2001-CV-294 : File No v5. : Dr. David Wiegand et al TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Tristan Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh Ellis, Esquire NAME 4000 Market Street ADDRESS: Camp Hill PA, 17011 TELEPHONE : 717-909-7006 53229 SUPREME COURT ID # Defense ATTORNEY FOR: 7/1/2011 DATE Seal of the Court : By the Court 7 Prothonotary i7Pnnty Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Tristan Associates 4518 Union Deposit Road Harrisburg PA 17111 Attention: Radiology Films Library Subject: Moore, Michael SS#:8512 Date of Birth: 9/29/1954 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports for the following: 10/17/05 MRI of Brain, 9/24/10 CT Orbit, 9/25/10 CT Orbit, and 10/9/09 CT Orbit. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 12th day of July, 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire 41ow Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION f By:_ Stacy Bre n, Paralegal MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2011 CV 794-CV ORIGINAL AUG 0 2 20? NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T CLINIC and DAVID A. WEIGAND, M.D., Defendants : CIVIL ACTION - LAW j ORDER AND NOW, this r day of August, 2011, the Certificate of Readiness filed by plaintiffs' counsel on July 29, 2011 will not be entertained. Counsel must file a Certificate of Readiness which indicates whether oral argument is requested and which indicates the title and date of filing of matter to be assigned in its most current form effective February 2011. Distribution: BY THE COURT: f XAn'We ? J • F,Clark, Jr., Judge April L. Strang-Kutay, Esquire, 600-A Eden Road, Lancaster, PA 17601 Leigh A. J. Ellis, Esquire, 4000 Market Street, Camp Hill, PA 17011 Daniel Grill, Esquire, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 C7) CJ DAUPHIN COUNTY TWELFTH JUDICIAL CERTIFICATE OF READINESS C OURT OF COMMONIPLEAS -------------------------------------------------------------------- Effective: Rev. (E), February 27, 2006 INSTRUCTIONS: This form shall be used for the assignment of Pretrial Motions (Preliminary Objections, Motions for Judgment on the Pleadings, Motions for Summary Judgment and Divorce Special Relief) and the listing of a case for Arbitration, Non-jury Trial or Jury Trial. File the original and one copy of this form with the Prothonotary's Office. This Certificate of Readiness must be personally d b th fl' unsel of record or the filin ro se art Use reverse side if necessary. DO NOT ABBREVIATE PARTIES. signe y e i in co 2 r_ PLAINTIFF(S): MICHAEL E. MOORE and, ROBIN A. MOORE, Husband and Wife, ? DEFENDANT( S): NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. ADDITIONAL DEFENDANT(S): DOCKET NUMBER: 2011CV 794 A. PRETRIAL MOTIONS (Complete Sections A and G of the Certificate of Readiness) ® Preliminary Objections ? Judgment on the Pleadings ? Summary Judgment ? Divorce Special Relief ? 1 hereby certify that the matter is ready for disposition in accordance with the Pennsylvania Rules of Civil Procedure and thertlauphin nty Local Rules. Cou ? ? B. ARBITRATION (Complete Sections B, E, F and G of the Certificate of Readiness) ? 1 hereby certify that the amount in controversy is $35,000 or less, and that this case is ready in all respects for disposition by a Board of Arbitration. This matter will be heard by a Board of Arbitration at the time, date, and place specified by the Chair of the panel, but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties being present. I also realize that there is no right to a trial de novo on appeal from a decision entered by a Judge. C NON-JURY CIVIL TRIAL (Complete Sections C, E, F and G of the Certificate of Readiness) ? 1 hereby certify that all discovery in the case has been completed and that the case is ready in all respects to be assigned to a judge for a non-jury civil trial in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. j D. CIVIL JURY TRIAL (Complete Sections D, E, F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed; that I have made reasonable inquiry of all counsel and/or pro se parties to ensure that all necessary parties, attorneys, and witnesses will be available and that they are available; that serious settlement negotiations have been conducted; and that the case is ready in all respects for trial, all in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. I understand that this case will be listed for a jury trial for the next trial term in accordance with the timelines found in the annual court calendar. I further understand that sanctions may be imposed upon me by the Court for the filing of an improper Certificate of Readiness listing a case for jury trial. i Has this case previously been certified for trial? ? Yes, date previously certified: ® No, never previously certified E E. TYPE OF CASE ? Contract ? Medical Malpractice ? Motor Vehicle Accident ? Products Liability ? Premises Liability ? Other Malpractice ? Other Type of Case: Estimated Trial Time: days F. MEDIATION ? Pursuant to Dauphin County Local Rule 1001, 1 hereby certify that mediation has been previously pursued or that the topic of mediation was discussed by not only counsel with their clients but also by all counsel and/or pro se parties and rejected only after good faith consideration. G COUNSEL (List names, addresses and telephone numbers of all counsel and check appropriate box to designate listing counsel) Plaintiff(s): April L. Strang-Kutay, Esquire, Telephone Number: 717-509-6141 Goldberg Katzman, 600A Eden Road, Lancaster, PA 17601 Email Address: ask@goldbergkatzman.com Listing Counsel Defendant(s): ____ Telephone Number: (717) 909-7006 (x5) Leigh A.J. Ellis, Esquire Email Address: leigh@Foulkrod.com Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 I Daniel Grill, Esquire Thomas, Thomas & Hafer, LLP Telephone Number:(717) 237-7100 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Email Address: dgrill@tthlaw.com ? Listing Counsel E Additional-defendant(s): Telephone Number: Email Address: ? Listing Counsel VERIFICATION: I, the undersigned listing counsel or pro se party, hereby acknowledge that sanctions may be imposed upon me for the improper filing of this Certificate of Readiness and that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I further certify that I will immediately serve all counsel and/or pro se parties with a copy of this Certificate of Readiness. .7 L11 Date Signat of Listin u arty (Read Verification First) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at , Harrisburg, Pennsylvania, with first-class postage prepaid on the dayof( AJA 2011, addressed to the following: Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 By: Glenda J. Ebersole, Legal Assistant to April L. Strang-Kutay, Esquire {00552939;vl } i o I &L CERTIFICATE OF READINESS DAUPHIN COUNTY TWELFTH JUDICIAL DISTRICT COURT OF COMMON PLEAS Effective: Rev. (1), February 2011 INSTRUCTIONS: This form shall be used for the assignment of Pretrial Motions (Preliminary Objections, Motions for Judgment on the Pleadings, Motions for Summary Judgment, Divorce Special Relief and Contested Civil Motions) and the listing of a case for Arbitration, Non-jury Trial or Jury Trial. File the original and one copy of this form with the Prothonotary's Office. This Certificate of Readiness must be personalty signed by the filing --cal of rarnind nr fha filinn nrn ca narFv It Ica ravarca tide if nerpssarv_ 130 NOT ABBREVIATE PARTIES) PLAINTIFF(S): MICHAEL E. MOORE and, ROBIN A. MOORE, Husband and Wife, DEFENDANT(S): NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. ADDITIONAL DEFENDANT(S): DOCKET NUMBER: 2011 CV 794 A. PRETRIAL MOTIONS (Complete Sections A and G of the Certificate of Readiness) ?¦ Preliminary Objections ? Judgment on the Pleadings ? Summary Judgment ? Divorce Special Relief ? Contested Civil Motions Is oral argument requested? ? YES 0 NO (See Dauphin County Local Rule 211) ??t 1 M Title and date of filing of matter to be assigned: OA)o ?/ S a wi th the Pennsylvani uses Civil Proced and the Dauphin M 1 hereby certify that the matter is ready for disposition in cordance County Local Rules. - O &AL LLJ?1? lit B. ARBITRATION (Complete Sections B, E, F and G of the Certificate of Readiness) ? 1 hereby certify that the amount in controversy is $50,000 or less, and that this case Is ready in all respects for disposition by a Board of Arbitration. This matter will be heard by a Board of Arbitration at the time, date, and place specified by the Chair of the panel, but, if one or more of the panties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties being present. I also realize that there is no right to a trial de novo on appeal from a decision entered by a Judge. C. NON-JURYCIVIL TRIAL (Complete Sections C, E. F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed and that the case is ready in all respects to be assigned to a judge for a non jury civil trial in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. D. CIVIL JURY TRIAL (Complete Sections D, E, F and G of the Certificate of Readiness) ? I hereby certify that all discovery in the case has been completed; that I have made reasonable inquiry of all counsel and/or pro se parties to ensure that all necessary parties, attorneys, and witnesses will be available and that they are available; that serious settlement negotiations have been conducted; and that the case is ready in all respects for trial, all in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. I understand that this case will be listed for a jury trial for the next trial term in accordance with the timelines found in the annual court calendar. I further understand that sanctions may be imposed upon me by the Court for the filing of an improper Certificate of Readiness listing a case for jury trial. Has this case previously been certified for trial? ? Yes, date previously certified: ? No, never previously certified E. TYPE OF CASE AND ESTIMATED TRIAL LENGTH ? Contract ? Medical Malpractice ? Motor Vehicle Accident ? Products Liability ? Premises Liability ? Other Malpractice ? Other Type of Case: Estimated Trial Time: days F. MEDIATION ? Pursuant to Dauphin County Local Rule 1001, 1 hereby certify that mediation has been previously pursued or that the topic of mediation was discussed by not only counsel with their clients but also by all counsel and/or pro se parties and rejected only after good faith consideration. N G. COUNSEL: (List names, addresses and telephone numbers of all counsel and check appropriate box to designate Ileg c 5 el) Plaintiff(s): Apr;, L Strang-Kutay. Esquire, Goldberg Katzman, PC Telephone Number: (717) 509-6141 600A Eden Road, Lancaster, PA 17601 Email Address: ask@goldbergkatzman.com m = I M Listing Counsel Defendant(s)' Leigh A.J. Ellis, Esquire Telephone Number: (717) 909-7006 (x5) ' Foulkrod Ellis =° 4000 Market Street ? Listing Counsel Camp Hill, PA 17011 Email Address: ?-- --? •- Ieigh@Foulkrod.com Additional Defendant(s): Daniel Grill, Esquire Telephone Number. Thomas, Thomas & Hafer, LLP 305 North Front Street (717) 237-7100 P.O. B. 999 Harrisbur PA 17108 a Email Address: dgrill@tthlaw.com g, ? Listing Counsel VERIFICATION: I, the undersigned listing counsel or pro se party, hereby acknowledge that sanctions may be imposed upon me for the improper filing of this Certificate of Readiness and that false statements herein ar ade subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to autt orities. I further certify that I will immediately a al counsel and/or p e parties with a co o his Certificate of Readiness. <d Y I // .w? 2. i X/ ww n ?/ 1?b -- Date I / Signatuo of Listing CoTinsel or P41b Se Party R Verification First) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 4" day of 2011, addressed to the following: Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 B G enda . Ebersole, Legal Assistant to April L. Strang-Kutay, Esquire {00552939;v1} J ( 5 RECEIVED COURT AINs. Daniel L. Grill, Esquire I.D. No. 65339 2011 EP 14 THOMAS, THOMAS & HAFER, LLF J M B r R L A N D C O J N T ,e, 305 NORTH FRONT STREET P ELN N S Y LVA N I .,`fit P.O. BOX 999 HARRISBURG, PA 17108 Attorneys for Defendants (717)237-7115 Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs. CIVIL ACTION - LAW V. NO. 11-6795 NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and JURY TRIAL DEMANDED DAVID A. WIEGAND, M.D., Defendants. NOTICE TO PLEAD TO: Michael E. Moore and Robin A. Moore, You are hereby notified to plead to the enclo? Nae H. Park, M.D. and Central Pennsylvania E.N. twenty (20) days from service hereof or a default judg Wife I swer and New Matter of Dfe ants Ala Cli ic. to Plaintiffs Complai within ent ay be entered against you. 1 OM S, THO AS HA R, P Daniel 1. Grill, Esquire I.D. No. 65339 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Phone: (717) 237-7115 Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic 928761.1 Daniel L. Grill, Esquire I.D. No. 65339 THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 (717)237-7115 Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs. CIVIL ACTION - LAW V. NO. 11-6795 NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and JURY TRIAL DEMANDED DAVID A. WIEGAND, M.D., Defendants. DEFENDANTS NAE H. PARR, M.D. AND CENTRAL PENNSYLVANIA E.N.T. CLINIC'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT NAE H. PARK, M.D. and CENTRAL PENNSYLVANIA E.N.T. CLINIC, by and through their attorneys, Thomas, Thomas & Hafer, LLP, hereby file the following Answer with New Matter as follows: PARTIES TO THE CAUSE OF ACTION I. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form an opinion or belief as to the truth or falsity of the allegations contained therein. 2. Admitted with clarification that Dr. Park has been retired since sometime in 2005. 3. Admitted with the clarification that, upon information and belief, this practice entity has been wound up and no longer operates. 928761.1 4. Denied. This paragraph of the Complaint refers solely to defendants other than the Answering Defendants and no answer is required. STATEMENT OF LIABILITY 5. Admitted. STATEMENT OF FACTS 6. Denied. At this juncture, Defendant Dr. Park is not in possession of the office chart of Michael E. Moore as a patient. Accordingly, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form an opinion or belief as to the truth or falsity of the allegations contained therein. 7. Denied. At this juncture, Defendant Dr. Park is not in possession of the office chart of Michael E. Moore as a patient. Accordingly, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form an opinion or belief as to the truth or falsity of the allegations contained therein. 8. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). 9. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1.029(e). 10.-12. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e). COUNTI NEGLIGENCE MICHAEL E. MOORE v. NAE M. PARK, M.D. 928761.1 13. Answering Defendants incorporate herein by reference their answers to paragraphs 1-12 inclusive, to Plaintiffs' Complaint as if set forth herein in their entirety. 14. Denied. As set forth above, after reasonable investigation; Answering Defendants are without knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained therein. The averments of this paragraph of the Complaint are also denied generally pursuant to Pa.R.C.P. 1029(e). It is admitted only that Dr. Park remained in practice until the end of 2005 and that, upon information and belief, Mr. Moore remained Dr. Park's patient until the end of 2005. 15. Denied. All averments of negligence and carelessness are specifically denied, including those averments within subparagraphs (a)-(g) of this paragraph of the Complaint. To the contrary, all care provided by Dr. Park met the standard of care and was reasonable and prudent under the circumstances. 16.-20. Denied. As aforesaid, all averments of Dr. Park's alleged negligent conduct are specifically denied and to the contrary, any and all treatment provided by Dr. Park met the requisite standard of care and was reasonable and prudent under the circumstances. It is further specifically denied that plaintiff suffered any damages as a result of care by Dr. Park, those damages including but not limited to pain, vertigo, dizziness, declining hearing, and permanent disability; and/or increased risk of growth of cholesteatoma, more complex surgery, risks of complete loss of hearing, permanent vestibular problems, exposure of the cranial cavity by erosion of the Tegmen plate, exposure of the facial nerve by erosion of the bone under the cholesteatoma, sigmoid sinus thrombosis, brain abscesses and meningitis; hearing loss and balance disturbance; diminution in earning capacity, as well as past and future medical expenses; auditory loss, balance and vertigo 928761.1 difficulty, pain, suffering, inconvenience, emotional distress, embarrassment, and loss of life's pleasures. WHEREFORE, Answering Defendants Nae Park, M.D. and Central Pennsylvania E.N.T. Clinic, demand judgment in their favor, dismissing the Plaintiffs' Complaint and awarding costs, counsel fees and other relief as provided by applicable law. COUNT II MICHAEL MOORE V. CENTRAL PENNSYLVANIA E.N.T. CLINIC VICARIOUS NEGLIGENCE 21. Answering Defendants incorporate herein by reference their Answers to paragraphs 1-20 of Plaintiffs' Complaint as if same were set forth in their entirety. 22. Admitted. 23. Admitted. 24. Denied. It is specifically denied that Defendant Central Pennsylvania E.N.T. Clinic acted by any agent or employee other than Dr. Park himself. It is further specifically denied that Defendant Central Pennsylvania E.N.T. Clinic was negligent in any respect. To the contrary, all actions or omissions to act which could be imputed to Defendant Central Pennsylvania E.N.T. Clinic met the standard of care and were reasonable and prudent under the circumstances. 25. Denied. The averments of this paragraph of the Complaint are denied as conclusions of law. In addition, all averments of negligence as to Dr. Park and/or Central Pennsylvania E.N.T. clinic agents or employees are specifically denied and to the contrary, any such actions or omissions to act met the standard of care and were reasonable and prudent under the circumstances. 26. Denied. All averments of negligence of Defendant Central Pennsylvania E.N.T. Clinic are denied as aforesaid and to the contrary all acts or omissions to act met the standard of 928761.1 care and were reasonable and prudent under the circumstances. Answering Defendants further deny all damages alleged by plaintiff and strict proof to the contrary is demanded at trial. WHEREFORE, Answering Defendants Nae Park, M.D. and Central Pennsylvania E.N.T. Clinic, demand judgment in their favor, dismissing the Plaintiffs' Complaint and awarding costs, counsel fees and other relief as provided by applicable law. COUNT III MICHAEL E. MOORE v. DAVID WIEGAND, M.D. 27. Answering Defendants incorporate herein by reference their answers to paragraphs 1-26 of Plaintiffs' Complaint as if same were set forth in their entirety. 28.-34. Denied. The paragraphs of the Complaint pertain only to Defendants other than Answering Defendants and no answer is required. WHEREFORE, Answering Defendants Nae Park, M.D. and Central Pennsylvania E.N.T. Clinic, demand judgment in their favor, dismissing the Plaintiffs' Complaint and awarding costs, counsel fees and other relief as provided by applicable law. COUNT IV LOSS OF CONSORTIUM ROBIN A MOORE v. NAE PARK, M.D. CENTRAL PENNYSLVANIA E.N.T. CLINIC AND DAVID WIEGAND, M.D. 35. Answering Defendants incorporate herein by reference their answers to paragraphs 1-34 of Plaintiffs' Complaint as if the same were set forth in their entirety. 36. Denied. This paragraph of the Complaint is denied generally pursuant to Pa.R.C.P. 1029(e) and strict proof is demanded at the time of trial. WHEREFORE, Answering Defendants Nae Park, M.D. and Central Pennsylvania E.N.T. Clinic, demand judgment in their favor, dismissing the Plaintiffs' Complaint and awarding costs, counsel fees and other relief as provided by applicable law. 928761.1 NEW MATTER DIRECTED TO PLAINTIFFS By way of further and more complete Answer, Answering Defendants Nae Park MD and Central Pennsylvania ENT Clinic, assert the following New Matter. 50. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 51. Some of the Plaintiffs' claims are barred by the applicable Statute of Limitations. 52. Answering Defendants, at all times pertinent hereto, strictly adhered to the applicable standard(s) of care, and no conduct of Answering Defendants was a proximate cause of the alleged injuries or damages to Plaintiffs. 53. Plaintiffs' claims are barred and/or are limited by the provisions of the Pennsylvania Health Care Services and Malpractice Act. 54. Plaintiffs' alleged damages were caused solely by the acts, conduct, negligence, carelessness, and/or recklessness of individuals and/or entities over whom Answering Defendants had no control, nor any right to control, nor any duty to control. 55. Plaintiffs' claims are barred and/or limited by the Doctrine of Contributory Negligence or by the Doctrine of Comparative Negligence. 56. Plaintiffs' claims are barred by the Doctrine of Assumption of the Risk. 57. Rule 238 concerning damages for delay is unconstitutional and all allegations or assertions for delay damages are barred. 58. Section 606 of the Health Care Services Malpractice Act provides that: "In the absence of a special contract in writing, a health care provider is neither a warrantor, nor a guarantor of a cure," and such provision bars the claim of the Plaintiff in this case. 59. Plaintiffs' claim, the existence of which is specifically denied, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision of Moorhead v. Crozer-Chester Medical Center. 928761.1 60. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction Error (MCARE) Act a/k/a Act 213 of 2002, 40 P.S. §1303 t sec ., as a limit/bar to Plaintiffs' claims. WHEREFORE, Answering Defendants dem d j dgment in their favor, dismi si the Plaintiffs' Complaint and awarding costs, counsel es, an any other relief as provide b applicable law. Respect lly submitte \_ THOMA , THOM /,L L By: / O Daniel L. 15rill, Esquire V 305 NortFront Street P. 0. 0 999 Harrisburg, PA 17108-0999 (717) 237-7115 (t) (717) 237-7105 (f) Attorneys for Defendants Nae H. Park, M.D. & Central Pennyslvania E.N.T. Clinic 928761.1 CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, legal secretary in the employ of Thomas, Thomas & Hafer, LLP, hereby state that a true and. correct copy of the attached document(s) was served upon all defendants of record on the date set forth below: April L. Strang-Kutay, Esq. Goldberg, Katzman, P.C. 600 A. Eden Road Lancaster, Pa 17601 Attorney for Plaintiffs Foulkrod Ellis PC 4000 Market Street Camp Hill, Pa 17011 Attn: Cindy Ellis, Esq. Attorneys for Dr. Wiegand THOMAS, THOMAS & HAFER, LLP Sue-Ellen Danielsen Date: September 12, 2011 928761.1 I t r'OU ! kOE) RL IS lpwkS9101 00 00nP040011 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs Attorney for Defendant: David A. Wiegand, M.D. I E 0 e RLfkNU i c t ,t??•`;r ?, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2011-6795 V. CIVIL ACTION - LAW NAE H. PARK, M.D., CENTRAL MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and LIABILITY ACTION DAVID A. WIEGAND, M.D., Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael E. Moore and Robin A. Moore, husband and wife, Plaintiffs c/o April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 YOU ARE HEREBY NOTIFIED to plead to the attached New Matter of Defendant, David A. Wiegand, M.D. to Plaintiffs' Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 1010"617,011 By: Q?j Leigh A.J. Ellis, Esquire Attorney I.D. No. 53229 leigh&foulkrod.com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindykfoulkrod.com -P'10 Qe Sicoao COhPC,104011 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants ANSWER AND NEW MATTER OF DEFENDANT, DAVID E. WIEGAND, M.D. TO PLAINTIFF'S COMPLAINT Attorney for Defendant: David A. Wiegand, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2011-6795 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED AND NOW comes Defendant, David A. Wiegand, M.D. (hereinafter, "Answering Defendant") by and through his counsel, Foulkrod Ellis, P.C., and hereby responds to Plaintiffs' Complaint as follows: Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and the same are deemed denied and strict proof is demanded at the time of trial. 2. This allegation is directed at a Defendant other than Answering Defendant. 3. This allegation is directed at a Defendant other than Answering Defendant. 4. Admitted. 5. This allegation is a conclusion of law or fact to which no responses are necessary. 6. - 12. Denied generally pursuant to Pa. R.C.P. 1029(e). COUNTI NEGLIGENCE MICHAEL E. MOORE VS NAE PARK M .D. 13. Answering Defendant hereby incorporates by reference his responses to paragraphs 1 through 12 of the Answer as though fully set forth herein. 14. - 20. These allegations are directed to a Defendant other than Answering Defendant and as such no responses are required. Should a response be deemed necessary, Jt is expressly denied that Answering Defendant was negligent and/or careless or caused damages to Plaintiffs. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. COUNT II MICHAEL E. MOORE V. CENTRAL PA ENT CLINIC VICARIOUS NEGLIGENCE 21. Answering Defendant hereby incorporates by reference his responses to paragraphs 1 through 20 of the Answer as though fully set forth herein. 22. - 26. These allegations are directed to a Defendant other than Answering Defendant and as such no responses are required. Should a response be deemed necessary, it is expressly denied that Answering Defendant was negligent and/or careless or caused damages to Plaintiffs. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. COUNT III NEGLIGENCE MICHAEL E. MOORE VS DAVID WIEGAND M.D. 27. Answering Defendant hereby incorporates by reference his responses to paragraphs 1 through 26 of the Answer as though fully set forth herein. 2 28. - 34. Denied. These Paragraphs contain conclusion: of law or fact to which no responses are required. Should a response be deemed necessary, it *s expressly denied that Answering Defendant was negligent and/or careless or caused damages to Plaintiffs. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. COUNT IV LOSS OF CONSORTIUM ROBIN A. MOORE vs NAE PARK, M.D., CENTRAL PA ENT CLINIC and DAVID WIEGAND, M.D. 35. Answering Defendant hereby incorporates by reference his responses to paragraphs 1 through 34 of the Answer as though fully set forth herein. 36. Denied. These Paragraphs contain conclusions of law or fact to which no responses are required. Should a response be deemed necessary, it is expressly denied that Answering Defendant was negligent and/or careless or caused damages to Plaintiffs. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. NEW MATTER 37. Plaintiffs' claims may be barred by the applicable statute of limitations. 38. Plaintiffs' claims may be barred in whole or in part by the Doctrine of Comparative Negligence and/or assumption of risk. 39. Plaintiffs' injuries, if any, are the result of circumstances beyond the control of Answering Defendant. 40. Plaintiffs' injuries may be the result of acts or omissions of individuals over whom Answering Defendant had no control. 3 41. Answering Defendant raises all rights, immunities, damages and limitations, present in the MCARE Act. 42. Plaintiffs' Complaint may be barred by or limited by the doctrine of release, res judicata, and/or collateral estoppel. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. Respectfully submitted, FOULKROD ELLIS / // PROFESSIONAL CORPORATION Date: /0 11 By: Leig A.J. Ellis, Esquire Attorney I.D. No. 53229 leigh(a,foulkrod. com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindygfoulkrod.com 4 VERIFICATION I, DAVID A. WIEGAND, M.D., hereby certify that I have read the foregoing Answer and New Matter of Defendant David A. Wiegand, M. D. to Plaintiffs '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 belief. 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: !o - ZO - 1( DAVID A. WIEGAND, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of 0 C%? , 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Cryst L. Nemetz, Secreta GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff -t PR;a r; _ ijIP;Ej ` AN,) CGUr?Wr' H1Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, CIVIL ACTION - LAW ROBIN A. MOORE, Husband and Wife, Plaintiffs v. No. 2011-6795 NAE H. PARK, M.D., CENTRAL JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. Defendants Medical Professional Liability Action PLAINTIFFS' REPLY TO NEW MATTER OF DAVID A. WIEGAND, M.D. 37. Paragraph 37 is denied in that the claim was filed within the time permitted by the applicable statute of limitations. To the extent that an answer is deemed necessary, a denial is made. 38. Paragraph 38 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 39. Paragraph 39 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 40. Paragraph 40 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 41. Paragraph 41 raises all affirmative defenses and applicable provisions of the MCARE Act. Plaintiff intends to pursue this matter as entitled under the applicable law. 42. Paragraph 42 raises the doctrine of release, res judicata, and collateral estoppel as means of barring or limiting this claim. Plaintiffs intend to pursue this action as entitled within the applicable law. Date: ///,/// GOLDBERG KATZMAN, P.C. r By: April L. Strong-Kutasquire I.D. # 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the I day of 2011, addressed to the following: Daniel Grill, Esquire Thomas, Thomas & Hafer 305 North Front Street - Sixth Floor PO Box 999 Harrisburg, PA 17108 Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 By Glenda J. Ebersole, Legal Assistant to April L. Strang-Kutay, Esquire {00552939;v1 } FILED-OFFICE fF THE PROTNONOTAR`r 2012 JAN I I AM 11= 22 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 Attorney for the Defendant Central Pennsylvania ENT Clinic MICHAEL E. MOORE and ROBIN A MOORE, Husband and Wife, Plaintiffs VS. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA ENT CLINIC and DAVID A. WIEGAND, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA NO. 11-6795 MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Central Pennsylvania ENT Clinic in the above-captioned matter. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: ?Y? Kevin E. Osborne, Esquire Attorney for Defendant Central Pennsylvania ENT Clinic ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Dated: January 9, 2012 05/806685.v l CERTIFICATION OF SERVICE I hereby certify that I have this day served upon all persons listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. April L. Strang-Katay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Attorney for Plaintiffs Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Cindy Ellis, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Attorney fc)r Dr. Wiegand Date: / ' 9- I °Z Kevin E. Osborne, Esquire 05/806685.0 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, IN THE COURT OF COMMON PLEAS Plaintiffs.: CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW t ; --; P-1 NAE H. PARK, M.D., CENTRAL NO. 11-6795 ; ray j PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D. JURY TRIAL DEMANDED=' Defendants. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena to produce documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about March 26, 2012. 2. A true and correct copy of the Notice of intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The 20-day period for filing and serving objections has expired without any objections being made; and 4. The subpoena that will be served is identical to the subpoena that is attached to this Certificate. Respectfully submitted, Thomas, Thomas & Hafer, LLP Date. Y Daniel L. Grill, Esquire Attorney I.D. No. 35539 305 North Front Street P. O. Box 999 Harrisburg, PA 171o8 (717) 237-7115 Daniel L. Grill, Esquire I.D. No. 65339 TliO", THOMAS & F LAYER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 171.08 (717)237-7115 Attorneys for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic MICHAEL E. MOORS and ROBIN A. MOORE:, Husband and Wife, Plaintiffs V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. -WIEGAND, M.D., Defendants IN THE COUKI' Ur UUIV1IV1Ut\, DAUPHIN COUNTY, PENNSYLVANLA CIVIL ACTION - LAW NO. 2011 CV 794 CV JURY TRIAL DEMANDED NOTICE OF.INTENTTO_ISSUE'SUBPOENATO.PRODUCE=UOCUIVLltJ1??;15 AND>THI<'NGSF.OR"DISCOUERYPLTRSUANTTO:RULE.4o.og 2s TO: Counsel of Record Defendant intends to serve a subpoena upon Associated Otolaryngologists of PA, identical to the one 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 will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP A 6-ri L?J ?. Date DANIEL L. GRILL, ESQUIP . n MICHAEL E. MOORE and ROBIN A. MOORE, Husband and V1Tife, Plaintiffs v. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and DAVID A. WIEGAND, M.D., Defendants IN THE COUK'I ur uulviivlulN, rLEdA0 DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAVA' NO. 2011 CV 794 M7 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400Q.22 TO: Custodian of Records, Associated Otolaryngologists of PA, 88o Poplar Church Road, Camp Hill, PA 17011. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: An and all medical records including h1nnd alcohol test results lab 1, 2o ii to the present. at: Thomas Thomas & Hafer LLP,jo.? N Front St P.O. Box AA9 Harrisburg PA 17108-0 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together -Mtb the certificate of compliance, to the park, making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOIA71NG PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I hereby certifi, that a true and correct copy of the foregoing Notice of Intent to Issue Subpoena to Produce Documents and Things.for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of? 2012, on all counsel of record as follows: April L. Strang-Kutay, Esq. Goldberg, Katzman, P.C. 6oo-A Eden Road Lancaster, PA 17601 Kevin E. Osborne, Esquire Marshall Dennehey 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Leigh Ellis, Esquire Foulkrod Ellis PC 4000 Market Street Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP Susan S. Jones, P ralegal for Daniel L. Grill, Esquire A REGIONAL DEFENSE LITIGATION LAW rIKM PENNSXLVANIA. Bethlehem DHLAWA.AE Wilmington 'WARNER, COLEMAN GOGGIN T /(..-? A T T DENNEHEY v°y'e5CO4 Erie OHIO sH ' , jV1t]LCJSJ[La++? bur i H Akron R R R, marshajjdennehey.com g s arr i . A rP R O F C 5 5 I O N A I. O R P O R A T] O N a King of Pruss pluadelpbia FLORIDA Pittsburgh Pt. Lauderdale Scranton Jacksonville Orlando 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Williamsport Tampa 717) 651-3500 Fax (717) 651-9630 NHwJHRSRY cherry Hill NEwYoRx New York ( Roseland Direct Dial: 717-651-3713 Email: keosborne@mdweg.com March 27, 2012 Susan S. Jones, Paralegal Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108 RE: Michael E. Moore and Robin A. Moore, Husband and Wife v. Nae H. Park, M.D., Central Pennsylvania ENT Clinic and David A. Wiegand, M.D. Cumberland County Court of Common Pleas No. 11-6795 MDWC(J File No. 03025-02767 Dear Susan: 1 have no objection to your subpoena to Associated Otolaryngolo gist of PA. Please provide me with a copy of records received in response to the subpoena. Very truly yours, Kevin E. Osborne KEO:mhs c: April L, Strang-Kutay, Esquire Cindy Ellis, Esquire 05/843481.0 Esquire, do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendants Nae H. Park, M.D. and Central Pennsylvania E.N.T. Clinic, to issue subpoena upon Associated Otolaryngologists of PA as indicated on the Notice of Intent. DATE: (Name) Jones, Susan S. From: Stacy Breon [paralegal @fouIkrod.com] Sent: Wednesday, March 28, 2012 3:51 PM To: Jones, Susan S. Subject: Michael Moore case agree in response to your March 26, 2012 letter, please be vised that our of PA.s to waive the 20 day notice of intent og is. rule regarding a subpoena to be issued upon Associated Kindly provide our office with copies of any records you receive from this provider. Thank you! Stacy L. Breon, Paralegal FOULKROD ELLIS Professional Corporation ATTORNEYS AND COUNSELORS AT LAW 4000 Market Strut Camp Hill, Pennsylvania 17011 Phone (717) 909-7006, ext. 7 Fax (717) 909-6955 naraleaal (a-pfoulkrod.com CERTIFICATE OF SERVICE I, SUSAN S. JONES, PARALEGAL, of the law firm of THOMAS, THOMAS & HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing same in the United States 1st Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: April L. Strang-Kutay, Esquire Goldbery Katzman, P.C. 60o A Eden Road Lancaster, PA 17601 Cindy Ellis, Esquire Foulkrod Ellis PC 4000 Market Street Camp Hill, PA 17011 Kevin E. Osborne, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Susan S. Jones, Paralegal Date: q'`? 7 /? Z 1081322.1 r, t,) H!" r,. L i. J: -7 { €i _ r E k, % PENktYSY L VAIN!,, MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2011-6795 V. CIVIL ACTION - LAW NAE H. PARK, M.D., CENTRAL MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and LIABILITY ACTION DAVID A. WIEGAND, M.D., Defendants JURY TRIAL DEMANDED /ORDER AND NOW this day of V , 2012, upon the Request for a Scheduling Conference of Defendant, David A. Wiegand, M.D., it is hereby ORDERED that a yScheduling Conference will be held on , 2012 at 0 • ?J a.m./pm. before the Honorable gat;.44 The Conference will be held in Courtroom No. vCv\;tidy Cl/,s ?.. ?LQn,L 1 ELI/- (?/-? fly i 61711 r , MICHAEL E. MOORE AND IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, HUSBAND AND CUMBERLAND COUNTY, PENNSYLVANIA WIFE, ; PLAINTIFFS V. ?' . NAE H. PARK, M.D., CENTRAL zM c i PENNSYLVANIA E.N.T. CLINIC AND U DAVID A. WIEGAND M D , . ., DEFENDANTS 11-6795 CIVIL TERM IN RE: SCHEDULING CONFERENCE " ORDER OF COURT ? AND NOW, this da of Jul, 2012, followin a schedulin Y Y 9 9 yl_ conference with counsel, we ORDER AND DIRECT as follows: 1. Discovery shall be completed by Friday, August 31, 2012. 2. Plaintiffs' expert reports shall be due on Wednesday, October 31, 2012. 3. Defendants' expert reports shall be due on Monday, December 31, 2012. 4. Pretrial motions shall be filed by February 28, 2013. 5. Motions in limine shall be filed by May 1, 2013. 6. Counsel shall list this matter for trial for the May, 2013 term of court. 7. Trial shall commence on Monday, May 20, 2013. By the Court, lb rt H. Masland, J. VApril L. Strang-Kutay, Esquire For Plaintiffs Cindy N. Ellis, Esquire For David A. Wiegand, M.D. I/ Daniel L. Grill, Esquire For Nae H. Park, M.D. Kevin E. Osborne, Esquire Melissa L. Kelso, Esquire For Pennsylvania E.N.T. Clinic Court Administrator saa r1 t.C p; pal, 6 PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) Z) ::0 -"M TO THE PROTHONOTARY OF CUMBERLAND COUNTY C--) =C Please list the following case for a Jupf Trial. -------------------------------------------------------------------------------------------------------------- = --- ---']r CAPTION OF CASE jentire caption must be stated In fuill (check one) FE-1 Civil Action—Law ❑Appeal from arbitration 0 Michael E. Moore and Robin A. Moore, (other) Husband and Wife, (Plaintiff) No. 11-6795 Civil Term VS. The trial list will be called on April 23,2013. Nae H. Park, M.D., Central Pennsylvania and ENT Clinic and David A. Wiegand, M.D.,U (Defendant) Pretrials will be held on May 8, 2013 (Briefs are due S days before pretrials) VS. Trials commence on May 20, 2013 Indicate the attorney who will try case for the party who files this praecipe: Kevin E. Osborne, Esquire,4200 Crums Mill Road, Harrisburg, PA 17112 Indicate trial counsel for other parties if known: April L. Strang-Kutay, Esquire, 600-A Eden Road, Lancaster, PA 17601 Daniel L. Grill, Esquire, 305 North Front Street, PO Box 999, Harrisburg, PA 17108 Leigh A.J. Ellis, Esquire, 4000 Market Street, Camp Hill, PA 17011 This case is ready for trial. Signed: Print Name: Kevin E.Osborne, Esquire Date: y 3 Attorney for: Central Pennsylvania ENT Clinic ✓75 Pb A77Y Cl M5 &0186 61&9 FILED-OFFICE OF THE PROTHONOTARY FOULKROD ELLIS Professional Corporation 2013 JUN 14 AM I I- 4000 Market Street Camp Hill,Pennsylvania 17011 CUMBERLAND COUNTY Telephone: (717)909-7006 PENNSyLVAMOrney for Defendant: Fax: (717)909-6955 David A.Wiegand,M.D. MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, CUMBERLAND COUNTY,PA Plaintiffs NO. 2011-6795 V. CIVIL ACTION - LAW NAE H. PARK, M.D., CENTRAL MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and LIABILITY ACTION DAVID A. WIEGAND, M.D., Defendants JURY TRIAL DEMANDED MOTION FOR SCHEDULING CONFERENCE PURSUANT TO PA. R.C.P. 1042.41 OF DEFENDANT DAVID A.WIEGAND,M.D. AND NOW comes Defendant,David A. Wiegand,M.D.,by and through his counsel, Foulkrod Ellis, P.C. to request that a Scheduling Order be issued in this matter. 1. The within professional medical negligence matter was initiated by Complaint filed on or about January 20,2011 in the Court of Common Pleas of Dauphin County. 2. Venue was transferred to Cumberland County by Order of Court dated August 11,2011. 3. The case arises out of the alleged negligence of the Defendants in diagnosing and/or treating Plaintiff's cbolesteotoma, a lesion in the ear canal. 4. A Scheduling Conference was previously held on July 9,2012 for purposes of establishing deadlines and a trial date. 5. During that conference, a trial date of May 20, 2013 was agreed upon and deadlines were set. 6. Due to a serious illness of Plaintiff s expert, all parties agreed to extend deadlines for production of expert reports. 7. Unfortunately, the parties were not able to exchange expert reports in a timely enough fashion for the May 20, 2013 trial date. 8. As such, the parties agreed to remove the case from the May 20, 2013 trial term. 9. At this time, all expert reports have been exchanged and the case is ready to proceed to trial. 10. In that regard, Defendant, David A. Wiegand, M.D., requests a Scheduling Conference for purposes of establishing a trial date certain. 11. The Honorable Albert H. Masland has been previously involved in this matter. WHEREFORE, Defendants respectfully request that this Honorable Court schedule a conference for purposes of establishing a trial date certain. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: CQ �f� � 20t 3 By: a1\49vv, Leigh X.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 13 41- day of 2013, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania,postage prepaid, first class delivery, and addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas&Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D.) Kevin E. Osborne,Esquire Marshall, Dennehey, Warner, Coleman& Goggin 4200 Crums Mill Road, Ste B Harrisburg, PA 17112 (Counsel to Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal Ir.Nemetz, Secretary R LED-Or FiCE' THLE PROTHONOTAR"( L7013 JUN 21 PM 1: Ofi CUMBERLAND COUNTY PENNSYLVANIA MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 2011-6795 V. CIVIL ACTION - LAW NAE H. PARK,M.D., CENTRAL MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and LIABILITY ACTION DAVID A. WIEGAND, M.D., Defendants JURY TRIAL DEMANDED ORDER AND NOW this-0-20 day of 4"j&)N� 2013,upon the Request for a Scheduling Conference of Defendant, David A. Wiegand, M.D., it is hereby ORDERED that a Scheduling Conference will be held on 99 2013 at -a.m./pm. before the Honorable The Conference will be held in Courtroom No. J. 044� K. Os6u-A, A44� C MICHAEL E. MOORE AND : IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, HUSBAND AND : CUMBERLAND COUNTY, PENNSYLVANIA WIFE, PLAINTIFFS • • V. • • NAE H. PARK, M.D., CENTRAL ro PENNSYLVANIA E.N.T. CLINIC AND : � .a DAVID A. WIEGAND, M.D., ;rte DEFENDANTS : 11-6795 CIVIL TERM `` -a IN RE: SCHEDULING CONFERENCE ' ORDER OF COURT AND NOW, this / day of July, 2013, following a scheduling conference with counsel, we ORDER AND DIRECT as follows: 1. This matter is listed for trial during the February 2014 term of court. A pretrial conference shall be held before the undersigned on January 22, 2014, at 9:00 a.m. 2. Jury selection shall take place on February 3, 2014 at 9:00 a.m., in Courtroom Number 1. 3. Following jury selection, the case shall be recessed until Tuesday, February 18, 2014 at 9:00 a.m., at which time the parties shall proceed with opening statements. By the Court, 01°111.11.71 .411 Albert H. Masla f, J. /April L. Strang-Kutay, Esquire For Plaintiffs / 1 R, n 0 Cindy N. Ellis, Esquire For David A. Wiegand, M.D. /Daniel L. Grill, Esquire For Nae H. Park, M.D. Aevin E. Osborne, Esquire For Pennsylvania E.N.T. Clinic Court Administrator :sal MICHAEL E. MOORE and • ROBIN A. MOORE, Husband and Wife, : IN THE COURT OF COMMON PLEAS Plaintiffs.: CUMBERLAND COUNTY, PENNSYAA cet v. : CIVIL ACTION—LAW . cc, ;J NAE H. PARK, M.D., CENTRAL : NO. 11-6795 r"- p w s, PENNSYLVANIA E.N.T. CLINIC and : y c DAVID A. WIEGAND, M.D. : JURY TRIAL DEMANDED G Defendants. : `f' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas to produce documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about December 13, 2013. 2. A true and correct copy of the Notice of Intent, including copies of the proposed subpoenas, is attached to this Certificate. 3. Counsel for Plaintiff has waived the twenty day notice period as per the attached e-mail, and 4. The subpoenas that will be served are identical to the subpoenas that are attached to this Certificate. Respectfully submitted, Thomas, Thomas& Hafer, LLP Date: By: Daniel L. Grill, Esquire Attorney I.D. No.35539 3o5 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717)237-7115 Daniel L.Grill,Esquire I.D.No.65339 THOMAS,THOMAS&HAFER,LLP 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG,PA 17108 Attorneys for Defendants (717)237-7115 Nae H.Park,M.D.and Central Pennsylvania E.N.T.Clinic MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION— LAW v. NO. 2011 CV 794 CV NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC and JURY TRIAL DEMANDED DAVID A. WIEGAND, M.D., Defendants NOTICE OF INTENT TO ISSUE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve a subpoena upon Associated Otolaryngologists of PA and George Kosco, III, D.O., identical to the one 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 will be served. Respectfully submitted, THOMAS,THOMAS&HAFER, LLP I2/I31 n ° 4-62-11:14 Date DANIEL L. GRILL, ESQUIRE MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, : IN THE COURT OF COMMON PLEAS Plaintiffs.: DAUPHIN COUNTY, PENNSYLVANIA • v. : CIVIL ACTION—LAW • NAE H. PARK, M.D., CENTRAL : NO. 2011 CV 794 CV PENNSYLVANIA E.N.T. CLINIC and : DAVID A. WIEGAND, M.D., : JURY TRIAL DEMANDED Defendants. : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Associated Otolaryngologists of PA, 880 Poplar Church Road, Camp Hill, PA 17011. (Name of Person or Entity) Within twenty(20)days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports, treatment notes, correspondence, diagnostic studies, radiology films, testing results, blood alcohol test results, lab reports, physical therapy records, bills, insurance forms, medication/prescription information, including records from other providers contained within your chart, photographs, and any and all such items that may be stored in a computer database or otherwise in electronic form, relating to the care and treatment of Michael Moore, DOB: 09/29/1954, SS# 198-44-8512, from 08/24/12 to present. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania E T. Clinic BY THE COURT: DEC 122W3 DATE: r o owav• Seal of the Court Protho•• I erk, CivilrDivi i.m Deputy 935710.2 MICHAEL E. MOORE and ROBIN A. MOORE, Husband and Wife, : IN THE COURT OF COMMON PLEAS Plaintiffs.: DAUPHIN COUNTY, PENNSYLVANIA • v. : CIVIL ACTION—LAW • NAE H. PARK, M.D., CENTRAL : NO. 2011 CV 794 CV PENNSYLVANIA E.N.T. CLINIC and : DAVID A. WIEGAND, M.D., : JURY TRIAL DEMANDED Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, George Kosco III, D.O., 2801 Old Post Road, Harrisburg, PA 17110. (Name of Person or Entity) Within twenty(20)days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records including reports, treatment notes, correspondence, diagnostic studies, radiology films, testing results, blood alcohol test results, lab reports, physical therapy records, bills, insurance forms, medication/prescription information, including records from other providers contained within your chart, photographs, and any and all such items that may be stored in a computer database or otherwise in electronic form, relating to the care and treatment of Michael Moore, DOB: 09/29/1954, SS# 198-44-8512, from 07/26/10 to present. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the party making this request at the address listed above.You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel L. Grill, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7115 SUPREME COURT ID#: 65339 ATTORNEYS FOR: Defendants Nae H. Park, M.D. and Central Pennsylvania • T. Clinic BY THE COURT: DEC 12 2013 DATE: rrr Seal of the Court Prothonotary/CI- . • *'vision %eputy 936419.2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intent to Issue Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the z`'" day of 2• 13, on all counsel of record as follows: April L. Strang-Kutay, Esquire Leigh Ellis, Esquire Goldberg, Katzman, P.C. Foulkrod Ellis, P.C. boo-A Eden Road 4000 Market Street Lancaster, PA 17601 Camp Hill, PA 17011 Kevin E. Osborne, Esquire Marshall Dennehey 100 Corporate Circle Camp Hill, PA 17011 THOMAS, THOMAS &HAFER, LLP S, Susan S. Jones, P alegal for Daniel L. Grill,Esquire 1067844.2 Jones, Susan S. From: April Strang-Kutay <ask @goldbergkatzman.com> Sent: Monday, December 30, 2013 8:25 PM To: Jones, Susan S. Subject: RE: Moore v Park Yes,that is fine. Please just send me any up-dated records you receive. Thanks. April From: Jones, Susan S. [mailto:sjones @tthlaw.com] Sent: Monday, December 30, 2013 3:30 PM To: April Strang-Kutay Subject: Moore v Park Attorney Strang-Kotay, Would you be willing to waive the Notice of Intent 20-day waiting period pertaining to obtaining updated records from Associated Otolaryngologists of PA and George Kosco, III, D.O., in the above-referenced matter? I believe the Notice of Intent was sent to you mid-December. I would like to send the subpoenas out tomorrow, if possible. Thank you, Sue Jones Susan S.Jones,Pa.C.P. Litigation Paralegal Thomas,Thomas&Hafer LLP 305 North Front Street Sixth Floor Harrisburg,PA 17101 THOMAS,THOMAS Phone:(717)237-7155 Fax:(717)237-7105 HA F'' '''` sjones @tthlaw.com www.tthlaw.com This email is for the use of the intended recipient(s)only. If you have received this email in error, please notify the sender immediately and then delete it. If you are not the intended recipient,you must not keep, use,disclose, copy or distribute this email without the author's prior permission. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses.The information contained in this communication may be confidential and may be subject to the attorney-client privilege. If you are the intended recipient and you do not wish to receive similar electronic messages from us in future then please respond to the sender to this effect. 1 CERTIFICATE OF SERVICE I, SUSAN S. JONES, PARALEGAL, of the law firm of THOMAS, THOMAS& HAFER, LLP, do certify that I served the foregoing document on the following person(s), by depositing same in the United States 1st Class Mail, postage prepaid,at Harrisburg, Pennsylvania,addressed as follows: April L. Strang-Kutay, Esquire Goldbery Katzman, P.C. 600 A Eden Road Lancaster, PA 17601 Cindy Ellis, Esquire Foulkrod Ellis PC 4000 Market Street Camp Hill, PA 17011 Kevin E. Osborne, Esq. Marshall, Dennehey,Warner, Coleman & Goggin 10o Corporate Center Drive Camp Hill, PA 17011 Susan S.Jones, Pa.C. . Date: Z 31� 3 Paralegal to Daniel L. Grill, Esquire 1081322.2 MICHAEL E. MOORE AND : IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, husband and : CUMBERLAND COUNTY, PENNSYLVANIA wife, PLAINTIFFS • rn s" r_. V. • • Car- N ICJ NAE H. PARK, M.D., CENTRAL : PENNSYLVANIA E.N.T. CLINIC AND : 30.n , DAVID A. WIEGAND, M.D., DEFENDANTS 11-6795 CIVIL TERM w 'T IN RE: PRETRIAL CONFERENCE A pretrial conference was held on January 22, 2014. In attendance were Plaintiffs' counsel April L. Strang-Kutay, Esquire, and Defendants' counsel Leigh Ellis, Esquire, Carrie E. Hyams, Esquire on behalf of Daniel L. Grill, Esquire, and Kevin E. Osborne, Esquire. At the risk of using an oxymoron, this is a relatively straight-forward medical malpractice case. Because the parties are well aware of the basic facts and issues regarding liability and damages, we will not address them in this order. However, in light of the nature of the case we are surprised at the dearth of settlement negotiations. Having been introduced to this matter over 18 months ago, and knowing the abilities of the learned counsel involved, to be told that there has been no real negotiations since Plaintiffs' demand was made over a year ago is disheartening. We repeatedly advise lawyers and litigants alike that this court ascribes wholeheartedly to the admonition of our Sixteenth President: Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in terms of fees, expenses and waste of time.' 'Abraham Lincoln's Notes for a Law Lecture, Circa 1850. 11-6795 CIVIL TERM Additionally, with respect to settlement-related matters, it appears that there is a conflict among the parties with respect to Mcare coverage. If the court can assist the parties in resolving this interpretive issue, we stand ready to do so. Because this matter appears to be inexorably headed towards trial, we ORDER AND DIRECT as follows: 1. Plaintiff will have four peremptory challenges. Defendants will share four peremptory challenges, with the precise allotment to be determined among the Defendants. 2. Jurors will be permitted to take notes during the evidentiary phase of the trial. 3. In accordance with Local Rule 223-1, Plaintiffs shall be afforded thirty minutes for an opening statement. Defendants will be afforded a total of forty minutes for their openings. We suggest that no party will need as much time as we afford. The court will discuss the length of closing arguments with counsel at the close of the evidentiary phase of the trial. 4. All motions in limine shall be filed no later than the close of business on January 29, 2014. Responses to those motions shall be filed prior to the selection of the jury, which will take place on February 3, 2014. 5. Suggested points for charge and proposed verdict slips shall be submitted to the court on or before February 18, 2014. 6. Jury selection will commence on Monday, February 3, 2014 at 9:00 a.m., after which the jury will receive preliminary instructions and be directed to return at 9:00 a.m. on February 18, 2014, at which time the parties shall proceed with opening statements. -2- 11-6795 CIVIL TERM We encourage the parties to use their best efforts to resolve this case prior to the start of trial. Counsel shall meet with the court in chambers at 9:00 a.m. on February 3, 2014, prior to jury selection. By the Court, G q Albert H. Masla d, J. April L. Strang-Kutay, Esquire For Plaintiffs ./Kniel L. Grill, Esquire Carrie E. Hyams, Esquire For Nae H. Park, M.D. (J1 E. Osborne, Esquire I/Oh Y For Penns Ivania E.N.T. Clinic high A.J. Ellis, Esquire ./For David A. Wiegand, M.D. Court Administrator — pr'X'J J.m�li s' �£_ �r :sal -3- LE[)-OA {CE ir THE PROTHONOTARY FOULKROD ELLIS Professional Corporation 2014 JAN 2 PM 3 3 3 4000 Market Street Camp Hill,Pennsylvania 17011 CUMBERLAND COUNTY Telephone: (717)909-7006 Attorney for Defendant: PENNSYLVANIA Fax: (717)909-6955 David A.Wiegand,M.D. MICHAEL E. MOORE and • IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, • CUMBERLAND COUNTY, PA • Plaintiffs • NO. 2011-6795 • v. • CIVIL ACTION - LAW NAE H. PARK, M.D., CENTRAL • MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and • LIABILITY ACTION • DAVID A. WIEGAND, M.D., Defendants : JURY TRIAL DEMANDED MOTION IN LIMINE OF DEFENDANT DAVID A. WIEGAND, M.D. TO PRECLUDE CUMULATIVE EXPERT TESTIMONY AT TRIAL AND NOW comes Defendant, David A. Wiegand, M.D., by and through his counsel, Foulkrod Ellis, P.C.,to submit the within Motion in Limine to preclude cumulative expert testimony at trial. 1. This medical malpractice case involves the alleged failure and/or delay in diagnosis of a cholesteatoma. 2. Plaintiff has produced an expert report from Dr. Phillip Daspit, a board certified otolaryngologist, and Dr. Peter Berman, also a board certified otolaryngologist. Dr. Berman has submitted a supplemental report that was provided to counsel on Monday, January 27, 2014. Dr. Daspit submitted a supplemental report that was provided to counsel on Tuesday,January 28, 2014. Dr. Berman's reports are attached hereto as Exhibit A. Dr. Daspit's reports are attached hereto as Exhibit B. 3. Dr. Daspit and Dr. Berman express at least eight(8)virtually identical opinions in their reports. 1 4. The Court has the inherent authority to limit cumulative testimony. See Hannis v. Ashland State General Hospital, et al., 554 A.2d 574 (Pa. Commw. 1989). 5. A court has discretion to limit the number of witnesses to be called in support of a particular point in issue. Ries v. Ries' Estate, 184 A.2d 280 (Pa. 1936). 6. Pennsylvania Rule of Evidence 403 provides that although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues or misleading the jury, or by consideration of undue delay, waste of time or needless presentation of cumulative evidence. See Pa. R.E. 403. 7. Moreover, the Court may make an order limiting the number of witnesses whose testimony is similar or cumulative. Pa. R.C.P. 223(1). 8. The following opinions are contained in both experts' reports: • There was a failure to closely follow the patient. • There was a failure to institute a timely and thorough work-up. • Had an earlier diagnosis been made, the patient would not have suffered as long. • Due to the delay, the patient required more complex surgery. • The patient will require lifelong maintenance. • The defendants should have ordered a high-resolution CT Scan. • The defendants should have referred the patient to an otologist. • The defendants should not have referred the patient to a physical therapist. 9. Pennsylvania Courts have consistently precluded parties from presenting cumulative witness testimony, which is merely cumulative of other evidence. Evans v. Otis Elevator Company, 168 A.2d 573, 580 (Pa. 1961)(Pennsylvania Supreme Court affirming trial 2 court's ruling that cumulative witness' testimony was properly precluded); Bergman v. US Auto Association, 742 A.2d 1101, 1105 (Pa. Super. 1999)(holding that cumulative testimony is not permissible). 10. The defendants will be prejudiced at trial if Plaintiff is permitted to present multiple experts from the same specialty who offer virtually identical opinions as to standard of care, causation and damages. 11. Furthermore, permitting Plaintiffs to present two otolaryngologists to buttress one another's testimony would reflect an undue tendency to suggest a decision for the Plaintiffs on an improper basis, as the jury could confuse repetitive, cumulative testimony as testimony that should be given greater weight based only upon its redundancy. 12. Finally, permitting Plaintiffs to offer two experts with the same board certifications to present similar opinions frustrates the goals of judicial economy and efficiency. WHEREFORE, Defendant David A. Wiegand, M.D., respectfully requests this Honorable Court to enter an Order limiting Plaintiffs to the presentation of one expert to offer an opinion as to the standard of care, causation and damages. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 1 `L..�l 2 61 c By: �LL Leigh A.J. Ellis, Esquire Attorney I.D.No. 53229 Cindy N. Ellis, Esquire Attorney I.D.No. 83823 3 ■ 1 ,I''''') e .,, / . ..............'''.. ■ .1 / / / ...' • Nov. 29. 201212:33PM No. 1864 P. 2 Peter Barman, M.D. 11 Pine Drive Woodbury, NY 11797 Fax #: 516-367-2603 November 27, 2012 April L. Strang-Kutay 600-A Eden Road Lancaster, PA 17601 Telephone #: 717-509-6141 Fax #= 717-509-0148 Email: www.goldbergkatzman.com Re: Michael Moore DOB: 09/29/1954 Dear Ms. Strang-Kutay: I did a review of the following documents on Mr. Michael Moore. Following are my recommendations and conclusions: Medical records from Dr. Nae H. Park, M.D. , 1998 to 2005; David A. Weigand, M.D. 2006 to 2009; Jon Isaacson, M.D. 2009 to 2011; Johns Hopkins 04/06/2007; Chambers Hill Family Practice 1996 to 2009; George Kosco, III, D.O. 2010; Pinnacle Health 11/17/2009; Tristan Associates 2005 to 2010; HealthSouth Mechanicsburg 2006; Jill Carre DMD; deposition of Michael Moore dated 07/17/2012; deposition of Robin A. Moore 07/17/2012; deposition of David A. Weigand 01/12/2012; deposition of Nae H. Park 10/06/2011; deposition Jon E. Isaacson 10/15/2012 . Briefly, Mr. Michael Moore was a patient of Dr. Park and Dr. Weigand treated for several years for otitis media, mastoiditis and eventual vertigo. He was ultimately seen by Dr. Isaacson who diagnosed cholesteatoma and semicircular canal wall dehiscence in concert with his initial work-up of this patient, and was treated surgically. Symptomatology demonstrated by Michael Moore dated back as early as 1991 and appears to have been progressive over many years. Recurrent otitis media was treated with myringotomy and tubes, antibiotics and steroids: • Nov. 29. 2012 12:33PM No. 1864 P. 3 However, the lack of close follow-up by both Dr. Park, as well as Dr. Weigand, and failure to institute a timely and thorough work-up permitted eventual cholesteatoma formation, and lack of timely diagnosis of the cholesteatoma. The delay in diagnosis of this otologic pathology caused Mr. Moore harm in terms of loss of time at work, and discomfort. The delayed diagnosis of cholesteatoma increased the risk that semicircular canal wall dehiscence would result, with the subsequent effects of vertigo, imbalance, and the many difficulties Mr. Moore experienced prior to surgical intervention by Dr. Isaacson. Had appropriate diagnostic studies been undertaken, more diligent attention paid to diagnostic results that were of interest in the years that Mr. Moore was treated by both Dr. Park and Dr. Weigand, and had this patient's symptomatology been given closer scrutiny which should have led to suspicion of more severe disease processes, then, more probable than not, Mr. Moore would not have suffered as long as he has in the years during which his disease process went undiagnosed. The lack of appropriate care by both Dr. Moore and Dr. Weigand increased Mr. Moore's risk of cholesteatoma formation, and eventual semicircular canal wall dehiscence. The development of these conditions required surgical interventions, and will require life long maintenance for Mr. Moore. Regrettably, as well, the vestibular symptoms associated with these problems, while diminished, have persisted, and will likely be present permanently. Z believe with a reasonable degree of medical certainty that the care rendered by Dr. Park and Dr. Weigand fell below the acceptable standard of care and further harmed Mr. Michael Moore with permanent damage to his hearing and to his vestibular system in association with the above-described conditions. z, Dr. Peter Berman, being a licensed physician to practice in the State of New York, certify the above is true to the best of my ability and knowledge. Any further questions, please feel free to contact me. Sincerely, Peter Berman, M.D. License #: 168866 01/26/2014 00:47 5163672603 GERMAN I-nNE P . 02 Peter Berman,M.D. 11 Pine Drive Woodbury,NY 11797 Fax#: 516-367-2603 January 26,2014 April L.Strang Kutay 600-A Eden Road Lancaster, FA 17601 Tekp4rone#: 717-509-6141 Fax#: 717-509-0148 F.�ql ail: ask()auldberdcaizman.com Re: Michael Moore DOB: 09/29/1954 Dear Ms.Strang-Kay: J have had i further opportunity to review documents pertaining to the case involving Michael Moore,since having provided my initial analysis on November 27,2012. These documents include up-dated records from treatment through Dr.Jon Isaacson,as well as the expert reports propounded by the defense which include an analysis by Dr.Rizzo and Dr.Bigelow. Having acquainted myself with the above documents,the opinions I expressed in my November,2012 report remain unaltered. In addition,in global response to my earlier stated opinion that had appropriate diagnostic studies been undertaken,more diligent attention paid to diagnostic results that were of interest in the years that Mr.Moore was treated by Drs.Park and Wiegand,and had this patient's symptomatology been given closer scrutiny which should have led to suspicion of more severe disease'processes,I continue to bold the opinion that Mr.Moore's otologic disease would have been arrested far earlier in time,his course of misery shortened substantially,and long-term consequences lessened. In.Particular,a high resolution CT scan of the temporal bones should have been ordered by Dr.Park due to the persistence of the patient's chronic symptoms,and certainly by Dr.Wiegand during his initial assessment of this patient. Dr. Bigelow pointy out that Mr.Moore's course was atypical for cholesteatoma forumtioa;however,upon Dr. Isaacson's first involvement with this patient, be was Immediately suspicions for the possibility of fistula and/or dehiscence of the semi- circular canal. To rule out these potential diagnoses,he appropriately ordered a high • 01/26/2014 00:47 5163672603 BERMAN HOME PAGE 03 resolution Cl'scan of the temporal bones which revealed the extensive pathology requiring operative intervention. Although an MRI had been obtained by Dr.Park in 2005,this study would not be expected to exclude the above-Indicated diagnoses,and would be far less likely to demonstrate a cholesteatoma.What was needed here,while Mr.Moore was under the care of Dr.Park,and especially once he came under the care of Dr.Wieg ud, was a high resolution CT scan of the temporal bones,through which a diagnosis would have been made,and appropriate treatment by a specialist would have transpired. Dr.Bieglow makes the comment that it is reasonable for an otolaryngologist to rely on the radiologist's interpretation of a study inch as a CT scan or MRI. First of all,the board examination that general otolaryngologlsts take assumes that such physicians who desire to be board-certified in this discipline must have knowledge of radiographic interpretation in their field,and knowledge of the anatomy of the temporal bones. In the event,however, that an otolaryngologist does not feel equipped to interpret such a study,then be should assure himself that the study is reviewed by a neuro-radiologist In an instance such as we are examining. A general radiologist is apt to have less familiarity with the areas of interest than a practicing otolaryngologist or neuro-radiologist. In point,the radiologist who read Mr.Moore's specialized 2009 scan did not report the cholesteatoma,dehiscence, or fistula. It took Dr.Isaacson's review to properly interpret this study. In the alternative,if Drs.Park and/or Wiegand did not feel that they had the necessary experience to properly evaluate a complex patient like Mr.Moore,then prompt referral to an otelogist,or neuro-otologbt should have been wade. Referral to a physical therapist was completely inadequate. Once again,it is my opinion,within a reasonable degree of medical certainty,that the care rendered by Dr.Park and Dr.Wiegand fell below the acceptable standard of care. As set forth in my original report,Mr.Moore suffered resulting harm. Sincerely, Peter Berman,M.D. License#: 168866 \N4., / / ( / Apr. 2, 2013 9:29AM Goldberg Katzman, P. C. No. 7178 P. 2 602 406 6459 Rand 0 12:35:94 p.m. 03-19-2013 1/3 Attorney April Rutay Goldberg Katzman,PC 600-A Eden Road Lancaster,PA 17601 March 18,2013 Dear Ms.Kutay: I have now completed my review with regard to the medical care rendered to Mr.Michael • Moore. I will confine my comments to issues involving causation and damages,as I understand that criticisms of the care will be addressed by general ENT expert,Dr.Peter Berman,whose • report I have read. I have reviewed the following additional documents in formulating my opinions: medical records from Dr.Nile Park,medical records from Dr.David Weigand,Johns Hopkins medical records,medical records of Chambers Hill Family practice,Medical records of George Kosco, Pinnacle Health medical records,Tristan Associates medical records,Healthcare South • Mechanicsburg medical records,deposition of Michael Moore,deposition of Robin Moore, .. deposition of Dr.Weigand,deposition of Dr,Park,and deposition of Dr.Isaacson. In Dr,Berman's report,he cites the lack of close follow-up and failure to institute a timely and • through work-up. He further states that the above failures and departures from the standard of care governing the conduct of general ENT physicians permitted eventual cholesteatoma formation,which diagnosis was delayed,allowing a fistula to develop,and corresponding serious otologic pathology. It is from this point that I will begin my analysis, It is clear from examining Mr.Moore's medical records that he noted right-sided ear problems for years,and actually described the underlying pathology to both Dr.Park and Dr.Wiegand, The patient described vertigo/dizziness upon compression of the right ear. His significant vertigo,nausea and vomiting on cool calories on the right is concerning and would ordinarily • prompt further investigation. The tympanogram performed in Dr.Park's office on September 2, 2005 caused dizziness on the right. Such a finding is indicative of a possible/probable fistula on that side. Had a high resolution CT scan been ordered at that time,within a reasonable degree of medical certainly,it is my opinion that the cholesteatoma would have been discovered at that time,which would have allowed treatment to transpire at a time when surgery may well have been less complex,and the long-term consequences of this pathology significantly lessened for this patient. Apparently,when Dr.Park retired,Michael Moore began treatment with Dr.Wiegand. This treatment relationship commenced in early 2006. Despite the language of the most recent CT scan report(which study had been obtained by Dr.Park in late 2005),Dr.Wiegand did not order a high resolution CT scan of the temporal bone. He did obtain a tympanogramr during which the • audiologist also noted dizziness when the right side was tested(see my comments above on this subject). A review of the patient's prior records at this time brings to mind the need to rule out • the diagnosis of semicircular canal fistula,yet Dr.Wiegand does not appear to consider this diagnosis in evaluating his medical chart. It would have been very easy to make this diagnosis or • Apr, 2. 2013 9:29AM Goldberg Katzman, P. C. No. 7178 P. 3 502 406 6459 R and D 12:36:08 D.m. 03-19-2013 2!3 to rule it out by the performance of a high resolution CT of the temporal bones using the bone window settings. This was not done,and thus increased the risk that Mr.Moore's cholesteatoma and fistula would not be timely diagnosed or treated An ENG, as ordered by Dr.Wiegand and performed in August 2006,demonstrated findings consistent with fistula,but,once again,CT was not ordered. It is clear not only by Mr.Moore's deposition testimony,but also by his complaints as registered on repeated office visits to Drs.Park and Wiegand that this patient was trying to convince his • doctors that something was seriously amiss,and that he was suffering. And yet the gold standard testing(CT as described above)was never recommended or ordered for this patient. At one point,Mr,Moore was referred to Johns Hopkins by Dr.Weigand for vestibular rehab,and • was seen by a physical therapist. If this patient's clinical course baffled Dr.Wiegand and • • remained obscure in his eyes,then referral to an otologist at Hopkins would have been most • appropriate;however,this referral did not occur,and by the chart note in Dr.Wiegand's file • from the Hopkins'physical therapist,Dr. Wiegand knew that the evaluation had been quite limited in scope,and that the patient was not seen by an otologist or neuro-otologist. I remain - confused as to why Dr.Weigand would refer a patient for vestibular therapy given the clinical information he was given or had discovered. • Within a reasonable degree of medical certainty, the presence of the cholesteatoma on the right is the underlying cause of the fistula. The cholesteatoma developed under Dr.Park's management, and I refer back to Dr.Berman's criticisms of Dr.Park's care in how this disease developed. It takes quite a while for a related fistula to develop following cholesteatoma formation,and this corresponding disease greatly complicated Mr.Moore's clinical course with respect to the • symptoms he lived with for multiple years,the difficulty of eventual surgical intervention,and the long-term residual problems that will be permanently present for this man. It is very likely that the resultant surgical intervention,done earlier, could have spared the canal wall,without the creation of a cavity. There is no question that the cholesteatoma and the fistula were present upon Mr.Moore's first evaluation by Dr.Wiegand. The delay in diagnosis of the cholesteatoma under the care of both physicians allowed the cholesteatoma to enlarge. This is why early diagnosis of such a lesion is stressed,and surgery is done immediately by experienced otologists when the diagnosis is made. • If the disease is allowed to progress unchecked(as it was in Mr.Moore for several years),one can see complete loss of hearing,permanent vestibular problems,exposure of cranial cavity by erosion of the tegmen plate,exposure of the facial nerve by erosion of the bone under the cholesteatoma causing increased risk to facial nerve function,and,in rare cases,complications such as sigmoid sinus thrombosis,brain abscess or meningitis. In Mr.Moore's circumstances, the delay in diagnosis of the underlying pathology made surgery much more difficult for Dr. Isaacson to perform. While Dr.Isaacson made a correct diagnosis very quickly(he acted immediately on the patient's very first visit),the size of the lesion dictates what is done at ' surgery.It is the desire and plan of all.experienced otologists to try to preserve as much normal anatomy as possible during surgery., This is why the concept of the intact canal wall surgery was developed over 60 years ago. During my active surgical career,my intact canal wall rate was • • Apr. 2. 2013 9:29AM Goldberg Katzman, P. C. No. 7178 P. 4 602 406 6459 R and D 12;36;46 p.m. 03-19-2013 3/3 about 90%,indicative of how important it is to the patient to perform this less invasive surgery whenever possible. A canal wall up surgery allows an attempt at hearing reconstruction,allows water in the ear subsequently,and facilitates easier use of a hearing aid post-operatively when and if needed at a future time. In Mr.Moore's case,Dr.Isaacson was forced to perform a right Canal Wall Down tympanoplasty and mastoidectomy, This procedure came about as a direct result of the delay in diagnosing the car pathology at issue. The result of this delay in diagnosis is that the cholesteatoma continued to enlarge to become a very large lesion;the patient then went onto develop a fistula. The medical records well detail the many problems this patient had while under the care of Drs.Park and Wiegand that were associated with this ear pathology and which greatly disrupted his quality of life during these many years. As stated above,due to the delay in diagnosis,Dr.Isaacson had to perform a more radical surgical procedure,which has all of the downfalls associated with failure to be able to perform a Canal Wall Up procedure. Mr.Moore's deposition testimony well documents his continuing problems—all of which are medically supported by the course he has undergone, The delay in diagnosing his ear pathology exposed him to the risk that the problems of which he • now complains(like persistent dizziness)would become permanent issues for him. It is my opinion that the physical problems which Mr.Moore highlights in his deposition testimony are, unfortunately,permanent. I would appreciate the opportunity to respond to expert reports prepared in support of the defendant physicians in this matter. Thank you for allowing me to consider the implications of Mr,Moore's care, 1��4Da pi MD \• • • • 602 406 6459 R and D 06:33:08 a.n. 01-28-2014 1/2 Attorney April Kutay Goldberg Katzman,PC 600-A Eden Road Lancaster, PA 17601 January 27,2014 Dear Ms.Kutay: Thank you for providing me with the current treating records for Michael Moore, as well as the expert reports of Dr.Rizzo and Dr. Bigelow. Having read these additional records and reports, I find that the opinions I expressed in my preliminary report are unchanged. I would like to point out that I have also reviewed the actual films of the 2005 MRI scan, and the 2009 CT scan. The CT scan of the sinuses done in October 2004 would not demonstrate pathology in the temporal bones, and so is not useful to consider for our discussions. The 2005 MRI is an axial study—not a thin section study of the temporal bones—and does demonstrate significant soft tissue and fluid on the right. As you are aware.MRI scans do not show pathology in bone. However,the findings noted on the MRI scan did raise the suspicion of pathology that needed to be ruled out at that time by performance of a high resolution,thin section axial and corona' CT scan with bone review. It is my opinion that such a dedicated study of the - temporal bones should have been ordered far earlier than the time at which the 2005 MRI was obtained. The combination of the patient's persistence complaints and his clinical presentation on multiple occasions and the MRI findings dictated immediate high resolution CT imaging in order to absolutely categorize the disease process which had not been diagnosed at this point. I also reviewed the diagnostic study that was obtained by Dr.Isaacson the very first time he saw this patient. It shows a large right cholesteatoma, a horizontal canal semicircular fistula, and a posterior external auditory canal defect which would account for the patient's sensation of dizziness when pushing on or around his right ear. Mr.Moore,himself,described this pathology to his doctors on multiple occasions,who either did not understand,or ignored,the significance of this observation.Also, the notation of dizziness during Impedance testing points to a - fistula involving the inner ear. A formal ENG fistula test should have been considered as well. A positive test is strongly suggestive of inner ear involvement. Within a reasonable degree of medical certainty, it is my opinion that because of Mr. Moore's clinical presentation, and results from testing undertaken which include, but are not limited to,the 2005 MRI, and response to right tympanogram and • 602 406 6459 R and D 06:33:36 a.m. 01-28-2014 2/2 vestibular testing, a high resolution CT of the temporal bones and/or referral to an otologist/neurotologist should have been made years earlier than the referral to Dr. Isaacson in the fall of 2009. Once Mr. Moore was in the hands of the appropriate category of specialists,the necessary diagnostic test was immediately ordered, and, predictably,revealed the extent of disease from which this patient suffered. I remain available to answer any question you may have. Sincerely, (leividA Charles Phillip Daspit.M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this Oci day of , 2014, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: April L. Strang-Kutay, Esquire Goldberg, Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Nae H. Park, M.D.) Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive Camp Hill, PA 17011 (Counsel to Central Pennsylvania E.N.T. Clinic) FOULKROD ELLIS PROFESSIONAL CORPORATION By: A Crystal L. Nemetz, Secrets z • r Ott. r,ai,`f ➢' 'E 4 GOLDBERG,KATZMAN, P.C. 2 ,11 PH 2: 03 April L. Strang-Kutay - I.D. No. 46728 P 1,113 600-A Eden Road °C�v'NS}'(VA P � T y Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL E. MOORE and, : CIVIL ACTION ROBIN A. MOORE, Husband and Wife, . Plaintiffs I1-617615 v. : No. 2.0 1CV '7044 CV NAE H. PARK, M.D., CENTRAL : JURY TRIAL DEMANDED PENNSYLVANIA E.N.T. CLINIC and : DAVID A. WIEGAND, M.D. Defendants : Medical Professional Liability Action Plaintiffs' Response in Opposition to the Motion in Limine of Defendant David A. Weigand,M.D., to Preclude Cumulative Expert Testimony at Trial AND NOW comes Plaintiffs, Michael E. Moore and Robin A. Moore, by and through their counsel, Goldberg Katzman, P.C., who respond to the Motion in Limine of Defendant David A. Weigand, M.D. to Preclude Cumulative Expert Testimony at Trial as follows: 1. Plaintiffs admit this is a medical malpractice action based on the negligent and inadequate treatment provided by Defendants to Plaintiff Michael Moore that resulted in a delay of diagnosis of a cholesteatoma(tumor) of the right ear, as well as continued, unarrested expansion and growth of the lesion which led to fistula formation and complex surgery. 2. Admitted in part, denied in part. It is admitted that Plaintiff has produced expert reports from two medical experts: Dr. Peter Berman, M.D. and C. Phillip Daspit, M.D. It is further admitted that Dr. Berman and Dr. Daspit are both board certified otolaryngologists. {00683318;v2} 1 However, Plaintiffs specify deny Defendant's attempt to characterize said experts as being the same, from the same specialty and/or cumulative. As more fully explained in Plaintiffs' Brief in Opposition to the Motion in Limine, which is filed simultaneously herewith, Dr. Berman and Dr. Philip have different specialties and occupy different levels of expertise relevant to this case. To the extent this paragraph refers to the expert reports and supplemental reports for Plaintiffs' experts, said documents speak for themselves and any characterizations thereof are denied. Plaintiffs admit that all reports for their experts have been provided to counsel for Defendants. 3. Denied. The expert reports provided by Dr. Daspit and Dr. Berman are documents which speak for themselves and any characterization thereof is specifically denied. It is denied that the opinions stated by Dr. Daspit and Dr. Berman are "virtually identical." Further, to the extent this averment suggests that the reports of Dr. Daspit and Dr. Berman are identical, cumulative, or repetitive, said allegations is denied. 4. The Commonwealth Court opinion cited in this paragraph speaks for itself. 5. The Pennsylvania Supreme Court opinion cited in this paragraph speaks for itself. Notwithstanding, it is denied that the legal authority cited by Defendant Weigand in this paragraph supports the proposition for which it is provided. Further, the accurate citation for the Pennsylvania Supreme Court decision cited in this paragraph is Ries v. Ries' Estate, 185 A. 288 (Pa. 1936). 6. It is admitted that this paragraph accurately states Pennsylvania Rule of Evidence 403. 7. It is admitted that this paragraph accurately states an excerpt from Pennsylvania Rule of Civil Procedure 223(1). {00683318;v2} 2 8. Denied. The expert reports produced by Plaintiffs' experts are writings which speak for themselves and any characterizations thereof are specifically denied. 9. Admitted in part, denied in part. It is admitted only that it is within the discretion of the trial courts to preclude the presentation of evidence that is merely cumulative. Plaintiffs dispute that such evidence is "consistently precluded"by trial courts. Further, Pennsylvania Courts have repeatedly drawn a distinction between corroborative evidence and cumulative evidence; evidence that strengthens or bolsters existing evidence is corroborative evidence, not "cumulative evidence." See, e.g., Kelin v. Aronchick, 2014 PA Super 3, -- A.3d ----, n.7 (2014); Commonwealth v. Flamer, 53 A.3d 82, 88 n.6 (Pa. Super. Ct. 2012) ("Evidence that strengthens or bolsters existing evidence is corroborative evidence; we have previously explained that corroborative evidence is not cumulative evidence."); Commonwealth v. G.D.M., Sr., 926 A.2d 984, 989 (Pa. Super. Ct. 2007); Oxford Presbyterian Church v. Weil-McLain Co., 2003 PA Super 14, 815 A.2d 1094, 1100-01 (2003). 10. Denied as a legal conclusion to which no response is required. It is further denied that the testimony sought to be excluded is cumulative or repetitive, or that Defendant would be prejudiced at trial by allowing Plaintiffs to present the testimony of their two expert witnesses. By way of further answer, Plaintiffs will be prejudiced if the Motion at issue is granted. 11. Denied. As more fully explained in Plaintiffs' Brief in Opposition to the Motion in Limine, which is filed simultaneously herewith, both of Plaintiffs' medical experts should be permitted to fully testify. Furthermore, the Defendant's concern that Plaintiffs' presentation of two medical experts would in some way"reflect an undue tendency to suggest a decision for the Plaintiffs" or suggest to the jury that the testimony should be given greater weight is disingenuous. Not only with the jury hear from Defendant Weigand's medical expert and the {00683318;v2} 3 medical expert called by Defendant Park, but the jury will also hear testimony from each Defendant physician who will express their own medical opinions. 12. Denied as a legal conclusion to which no response is required. It is further denied that evidence sought to be precluded is cumulative or repetitive, or that allowing both of Plaintiffs' medical experts to fully testify would frustrate the goals of judicial economy and efficiency. WHEREFORE, Plaintiffs respectfully request that the Motion in Limine of Defendant David A. Weigand, M.D., to Preclude Cumulative Expert Testimony at Trial be denied. Respectfully submitted, Goldberg Katzman, P.C. By: April L. St g- utay, ID 46728 Attorneys for Plaintiffs Date: {00683318;v2} 4 CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Goldberg Katzman, P.C., do hereby certify that I have caused to be served a true and correct copy of the foregoing Response upon counsel of record listed below, via email: Daniel Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Leigh A.J. Ellis, Esquire Cindy Ellis, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Kevin Osborne, Esquire Marshall Dennehey Warner Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Date: January 31, 2014 Kathy L. /ler {00683316;v1} MICHAEL E. MOORE AND : IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, husband and : CUMBERLAND COUNTY, PENNSYLVANIA wife, PLAINTIFFS • V. • • NAE H. PARK, M.D., CENTRAL • PENNSYLVANIA E.N.T. CLINIC AND : DAVID A. WIEGAND, M.D., DEFENDANTS : 11-6795 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 7 day of February, 2014, upon consideration of the Motion in Limine of Defendant David A. Wiegand, M.D. to Preclude Cumulative Expert Testimony at Trial and in consideration of Plaintiffs' Response thereto, the Motion is DENIED. Counsel are advised that the court will monitor the presentation of evidence not only in order to avoid "undue delay, waste of time, or needless presentation of cumulative evidence," Pa.R.E. 403, but also to "secure fairness in administration ... to the end that the truth may be ascertained and proceedings justly determined," Pa.R.E. 102. By the Court, Albert H. Maslind, J. ./April L. Strang-Kutay, Esquire For Plaintiffs c� ` /)aniel -ta 3 '' �L. Grill, Esquire rn�"'-, �, ; For Nae H. Park, M.D. oz) r _{r* ON 4t -4 N) 11-6795 CIVIL TERM , .evin E. Osborne, Esquire For Pennsylvania E.N.T. Clinic �eigh A.J. Ellis, Esquire For David A. Wiegand, M.D. •sal L' 'Fs ri'ZI C LIl./iq rr1 -2- MICHAEL E. MOORE AND IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, husband and CUMBERLAND COUNTY, PENNSYLVANIA wife, PLAINTIFFS V. NAE H. PARK, M.D., CENTRAL PENNSYLVANIA E.N.T. CLINIC AND DAVID A. WIEGAND, M.D., DEFENDANTS 11-6795 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2014, upon representation from Juror No. 44, Steve Stouffer, that he is not available to serve as a juror commencing on February 18, 2014, and after consultation with counsel who did not object, Mr. Stouffer is dismissed from further service and is replaced by the first alternate juror, James D. Franklin, Juror No. 103. By the Court, J Albert H. Masland, J. April L. Strang-Kutay, Esquire For Plaintiffs .,�Daniel L. Grill, Esquire For Nae H. Park, M.D. /Ievin E. Osborne, Esquire c For Pennsylvania E.N.T. Clinic r x �c CD �Ceigh A.J. Ellis, Esquire , c Cj For David A. Wiegand, M.D. Court Administrator v :sal era Cc� ,;s fra'7-t C2 �o�`� • • I" MICHAEL E. MOORE AND • IN THE COURT OF COMMON PLEAS OF ROBIN A. MOORE, husband and • CUMBERLAND COUNTY, PENNSYLVANIA wife, • PLAINTIFFS V. • MEDICAL MALPRACTICE ACTION • NAE H. PARK, M.D., CENTRAL • PENNSYLVANIA E.N.T. CLINIC AND • DAVID A. WIEGAND, M.D., DEFENDANTS • 11-6795 CIVIL TERM VERDICT SLIP Question 1: Were either of the Defendants negligent? Please answer for each Defendant. NAE H. PARK, M.D. YES NO (Central Pennsylvania E.N.T. Clinic) ` � DAVID A. WIEGAND M.D. YES `� NO If you answered "YES"as to one or more of the Defendant(s), proceed to Question 2, as to that/those Defendant(s) only. If you answered "NO"as to all Defendant(s), the Plaintiffs cannot recover and you should not answer any further question and should return to the Courtroom. Question 2: Was the negligence of those Defendant(s) whom you have found to be negligent in Question 1 a factual cause of any harm to Michael Moore? Only answer for those defendants you have found negligent in Question 1. NAE H. PARK, M.D. YES NO DAVID A. WIEGAND, M.D. YES NO If you answered "YES"as to one or more of the Defendant(s), proceed to Question 3. If you answered "NO"as to all Defendant(s), the Plaintiffs cannot recover and you should not answer any further question and should return to the Courtroom. Question 3: Was Michael Moore negligent? YES NO If you answered "YES"as to this Question, go to Question 4, otherwise go to Question 5. Question 4: Was the negligence of Plaintiff a factual cause of any harm to him? YES NO Go to Question 5. Question 5: If you have found more than one party causally negligent, you must apportion the negligence among the parties. Taking the combined negligence that was a factual cause of the injuries as 100 percent, what percentage of that causal negligence was attributable to the defendants and what percentage was attributable to the Plaintiff. NAE H. PARK, M.D. (Answer only if you answered "YES" to both Question 1 and 2 as to Dr. Park) DAVID A. WIEGAND, M.D. (Answer only if you answered "YES" to both Question 1 and 2 as to Dr. Wiegand) PLAINTIFF MICHAEL MOORE (Answer only if you answered "YES" to both Question 3 and 4) TOTAL: 100% If you have found Plaintiff's percentage of negligence to be greater than 50%, the Plaintiffs cannot recover and you should not answer any further question and should return to the Courtroom. Go to Question 6. Question 6: Please enter the amount of compensation to be awarded to the Plaintiffs for each of the categories below: A. Loss of enjoyment/pleasures of life: $ B. Past pain and suffering: $ C. Future pain and suffering: $ D. Losses suffered by Robin Moore for loss of consortium: $ TOTAL: $ -2/2 1 (02o ig A.A. (41- 5.6) Date Foreperso In the Court of Commons Pleas of Cumberland County,PA., MICHAEL E.MOORE AND ROBIN A. ri EG rC Docket No.2011-6795 Judge: MASLAND ----V S---- .(: NAE H.PARK,CENTRAL PA E.N.T. C)1+,1C A.WIEGAND,M.D. Attorney: 4,. i Stra"y-'-" y Attorney04n1 el Gr-ii I �1� , 5 , Y Date: a/ L//a- iq JURORS No. Juror# NAMES OF JURORS CALLED CAUSE 1 1 - . 1 — / 2 . 1 1 _ . . - / --JIId11 IIIIIIIIIIIIIIIIIINWIIIIIII �m r,.a i> rm rmrra R 5 1111111111111111111111111111111111III FEB�03-347 .. .SwA T „nAVID c' •■••••• ..,,,.„„,.. s , : 1 - 1,. 1 c ,, 1 : ;. v 8 . . : 1 _ • : 6, 1 • ` l 9.JUWIJI 1.11111141NN4N1NI lI11—tmeos.1'96-- 1414 4. RLS DE A. 10 Illullllllllllll111111111111111111111a FEBo3- nr.A A / k4 s.,,,,,, 14-NIWMINN14111114111111111111--w-pI o . ...G4 T.raEF EALY.I 1 - -....„ - - : I - . . • " 14/11111 — ✓ .5�aI1u1laJ1a111aulluallll<1.. F nom* GREEN,KENNETH L •IMM.. 1�4W4YNFNN4NNW111116.-iER-.� "... :4�� 4; ,srGariGia:�_....� �/ • _ : : — „4 1/ •19 IitIliUHIPIWljIINIIIIIIIIIN FEB03-254 ARMSTRONG,DANA E 20 IIUIIIIIIIIIIIIIIIIIIIIIIIIII1111111 FEB03-350 .GRALLAENJAMI T i . >-,,. _. , . %21 11111 itii1NiN1° B " WA KLIN,JAMES �n 22 IIUIIIIIII IIIIINNNNN1ItflNIIM— soJao @ 4 _R_,T_M s, A. - -- d R ;,, , In the Court of Commons Pleas of Cumberland County,PA., MICHAEL E.MOORE AND ROBIN A. Docket No.2011-6795 Judge: MASLAND ----V S---- NAE H.PARK,CENTRAL PA E.N.T. A.WIEGAND,M.D. Attorney: Attorney: Date: JURORS No. Juror# NAMES OF JURORS CALLED CAUSE P D " IIIIIIIIIIIIIilllllllllllllllllllllll FEB03-15 HANLIN,BRENT E 25 111111III1111111111111111111111111 FEB03-259 STOUFFER,RICHARD L 26 IIIIIIIIIIIIIIHIIIIHIII FEB03-189 BLEVINS,JANICE E 27 Ia111FININN1�I111 NIN111�-- Q MILLER,.TAMFS F 28 IIIIII1111111111IIIIIIIIIIIHIIIII111 FEB03-159 HOOKER,SHANNON 29 IIIIIII1111IIIIIIIIIIII1II1IIIIIIII FEB03-252 STEIN,KIRK L 30 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FEB03-262 KINNEY,CHRISTINE M 31 IIIIIIIII11111IIIIIII1111 IIIII FEB03-127 DUNMYRE,TYRONE T 32 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 FEB03-32 KOONS,DAVID W 33 IIIIIIIIIIIIIIII11111111III FEB03-161 SCATENA,KATHY L 34 IIIIIIIIIIII IIIIIIIIII1111111II1111 FEB03-203 DEMOSS,COLLEEN C 35 111111 IIII1IIIIIIII1111111IIIIIII FEB03-37 BAISH,TIFFANY J 36 11111111111111111111111I11111111III FEB03-145 MIOFF,ANNETTE 37-I1H11IIINi*IHN1 H H l RT TI11A--M- f 38 IIIIIIIIIIIIIIIIIIII11111IIIIIIIIII FEB03-270 HICKS,SEAN M 39 I1 II1111111111III11111111111111111 FEB03-1 PARIKH,MADHUBALA 40 IIIIIIIIIIIIIIIIIIIIIIIIIIII11IIIII FEB03-123 TRABERT,ERIK W 41 1111111111111111111111111IIIIII III III FEB03-265 DECHAMPLAIN,PAUL E 42 IIIIIIIIIIIIIIIIIIIIIIII11IIII FEB03-192 HART,JAMES P 43 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FEB03-183 WILSON,ALAN W 44 IIII IIIIIIIIIIIIIIIIIIIIIIIIIII1111111 FEB03-179 HALL,DELORES J In the Court of Commons Pleas of Cumberland County,PA., MICHAEL E.MOORE AND ROBIN A. Docket No.2011-6795 Judge: MASLAND ----V S---- NAE H.PARK,CENTRAL PA E.N.T. A.WIEGAND,M.D. Attorney: Attorney: Date: JURORS No. Juror# NAMES OF JURORS CALLED CAUSE P D 45 iiiauiimuu11111IH moiiiiioo FEB03-17 BRENEMAN,GEORGETTE M 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 FOULKROD ELLIS � � MAR -4 pH 14: v, Professional Corporation 4000 Market Street ,, Camp Hill,Pennsylvania 17011 UMBER r P,LnNU CCU NT Telephone: (717)909-7006 Attorney for Defen8a4 M LVA + Fax: (717)909-6955 David A.Wiegand,M.D. MICHAEL E. MOORE and IN THE COURT OF COMMON PLEAS ROBIN A. MOORE, Husband and Wife, : CUMBERLAND COUNTY, PA Plaintiffs NO. 2011-6795 v. CIVIL ACTION - LAW NAE H. PARK, M.D., CENTRAL • MEDICAL PROFESSIONAL PENNSYLVANIA E.N.T. CLINIC and LIABILITY ACTION DAVID A. WIEGAND, M.D., • Defendants : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment upon the verdict of the jury dated February 21, 2014 in favor of all Defendants pursuant to Pa.R.C.P. 227.4 (1)(a) as no timely post-trial motion has been filed. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATI?N Date: ,3 L/ ZO/4/ By: eigh A.J. Ellis, Esquire g q Attorney I.D. No. 53229 Cindy N. Ellis, Esquire 41=5-/41-/17 Attorney I.D. No. 83823 GAD 33 C Arit 3,00-11 g c-e 1C-4,