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HomeMy WebLinkAbout11-6921IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE M. SPAHR and, DONALD SPAHR, Wife and Husband, Plaintiffs V. CIVIL ACTION - LAW No. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED * and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Cl) c _VW r* rn :2Z;a cnr. A va° zn 0 Defendants Medical Professional Liability Action PRAECIPE TO THE PROTHONOTARY: ?. --t rrrt m t Q =C 20 a CIM a. ::0 sod-d6 /d.Iffy ? ?6y3G6 Please issue a Writ of Summons against the Defendants in the above-referenced matter and forward to Plaintiffs' counsel. torney for Plai tiff April L. Strang-Kuta, uire Goldberg Katzman, P.C. I.D. No. 46728 600A Eden Road Lancaster, PA 17601 (717) 509-6141 (717) 509-0148 - facsimile askggoldbergkatzman. com WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION AGAINST YOU. ary Date: sc?_46-11 4d?/tss ??`, (lW-e- f-4 t) #c7A-Cs Fleul-010J.44 S.. Seer MGtkaacs6,jrj PA 17d,-S By Deputy R??,ns ?. ?efi,+L t4b rAfS -A Q- P *y ?r 1A ,7011 P?' Gle.d d+y`s oA?ct 3349 Tr.??c ,ea. , c4.?, f-4-(1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANNE M. SPAHR and DONALD SPAHR, Plaintiff, v. BARRY B. MOORE, M.D., F.A.C.S, NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH M.D., F.A.C.S, and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA CIVIL ACTION - LAW I ° M cry r-rr _ ? ,- -z CASE NO. 11-6921 JURY TRIAL DEMANDED 7"; Medical Professional Liability Action Defendants. ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Stevens & Lee, P.C., Michael D. Pipa, Esquire and Karen E. Minehan, Esquire on behalf of Defendant Barry M. Moore, M.D., F.A.C.S. All papers should be served at 17 North Second Street, 16th Floor, Harrisburg, Pennsylvania, 17101. STEVENS & LEE, P.C. Date: September 28, 2011 By; Michael D. Pipa, Esqui Attorney I.D. No. 53624 Karen E. Minehan, Esquire Attorney I.D. No. 78050 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (610) 371-7743 (facsimile) mdp@stevenslee.com kem@stevenslee.com Counsel for Defendant Barry M. Moore, M. D., F.A.C.S SL I 110 1671 v 1 041199.00566 CERTIFICATE OF SERVICE I, MICHAEL D. PIPA, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT BARRY M. MOORE, M.D., F.A.C.S. upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 William W. Demuth, M.D., F.A.C.S. 3399 Trindle Road Camp Hill, PA 17011 lj4toogl?t Date: September 28, 2011 , SL I 110 1671 v 1 041199.00566 C CRAIG A. STONE, ESQUIRE -0X I.D. No. 15907 r MICHAEL C. MONGIELLO, ESQUIRE -< I.D. No. 87532 t Marshall, Dennehey, Warner, Coleman & Goggin )>C-) 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 -t (717) 651-3502 Attorneys for Defendants William W. DeMuth, M. D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants C.:7 r? c? sv A ?c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action r -mss C? "ti'rn ?d CJ - "? T? NOTICE TO PLEAD TO: April L. Strang-Kutay, Esquire Goldberg Katzman. P.C. 600-A Eden Road Lancaster, PA 17601 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ENNEHEY, WARNER, :OGGIN BY: Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 12 I ?' (717) 651-3500 Dated: 05/7991 15.0 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneysfor Defendants William W. DeMuth, M. D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action ANSWER OF DEFENDANTS, WILLIAM W. DEMUTH, M.D.,_F.A.C.S. & ORTHOPEDIC INSTITUTE OF PENNSYLVANI AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW come Defendants, William W. DeMuth, M.D., F.A.C.S. ("Dr. DeMuth") and Orthopedic Institute of Pennsylvania ("OIP") collectively hereinafter referred to as ("Answering Defendants"), by and through their counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and Answer and assert New Matter to Plaintiffs' Complaint as follows: PARTIES TO THE CAUSE OF ACTION 1-4. Denied. Answering Defendants are advised by counsel and therefore aver that the corresponding averments of Plaintiffs' Complaint do not pertain to them and that no further answer is required. 5. Admitted. 6. Admitted. STATEMENT OF LIABILITY 7. Admitted in part and denied in part. It is admitted that Plaintiff is asserting a processional liability action against all Defendants in accordance with the Pennsylvania Rules of Civil Procedure. It is specifically denied, however, that Answering Defendants were negligent. To the contrary, at all relevant times, Answer Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 8. Admitted in part and denied in part. It is admitted that Certificates of Merit as to all Defendants have been filed with the Complaint and are attached thereto as Exhibits. It is specifically denied, however, that Answering Defendants were negligent. To the contrary, at all relevant times, Answer Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. STATEMENT OF FACTS 9.-32. Denied. The corresponding averments of Plaintiffs' Complaint are denied by operation of Pa.R.C.P No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendants were not negligent. To the contrary, at all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. COUNTI NEGLIGENCE JOANNE SPAHR V. BARRY M. MOORE, M.D. 33. Answering Defendants hereby incorporate by reference the Answers contained in Paragraphs 1-32 above as though full set forth herein at length. 34.-39 Denied. Answering Defendants' are advised by counsel and therefore aver that the corresponding averments of Plaintiffs' Complaint do not pertain to them and that no further answer is required. To the extent that any Answer may be deemed required, the corresponding averments of Plaintiffs' Complaint are denied. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. COUNT II VACARIOUS NEGLIGENCE JOANNE SPAHR V. NEUROLGICAL SURGERY 40. Answering Defendants hereby incorporate by reference the Answers contained in Paragraphs 1-39 above as though full set forth herein at length. 41.46. Denied. Answering Defendants are advised by counsel and therefore aver that the corresponding averments of Plaintiffs' Complaint do not pertain to them and that no further answer is required. To the extent that any Answer may be deemed required, the corresponding averments of Plaintiffs' Complaint are denied. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. COUNT III NEGLIGENCE JOANNE SPAHR V. WILLIAM W. DEMUTH, M.D. 47. Answering Defendants hereby incorporate by reference the Answers contained in Paragraphs 1-46 above as though full set forth herein at length. 48.-53. Denied. The corresponding averments of Plaintiffs' Complaint are denied by operation of Pa.R.C.P No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendants were not negligent. To the contrary, at all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. COUNT IV VAGARIOUS NEGLIGENCE JOANNE SPAHR V. ORTHOPEDIC INSTITUTE OF PENNSYLVANIA 54. Answering Defendants hereby incorporate by reference the Answers contained in Paragraphs 1-53 above as though full set forth herein at length. 55.-60. Denied. The corresponding averments of Plaintiffs' Complaint are denied by operation of PA.R.C.P No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendants were not negligent. To the contrary, at all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. COUNT V DONALD SPAHR V. BARRY B MOORE, M.D., F.AC.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH, M.D., F.A.C.S. AND ORTHOPEDIC INSTITUE OF PENNSYLVANIA LOSS OF CONSORTIUM 61. Answering Defendants hereby incorporate by reference the Answers contained in Paragraphs 1-60 above as though full set forth herein at length. 62. Denied. The corresponding averments of Plaintiffs' Complaint are denied by operation of Pa.R.C.P No. 1029(e) and/or as conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendants were not negligent. To the contrary, at all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. NEW MATTER 63. Answering Defendants hereby incorporate by reference the answers contained in paragraphs 1 through 62 above as though fully set forth herein at length. 64. Plaintiffs Complaint fails to state a claim upon which relief can be granted against Answering Defendants. 65. At no time relevant hereto were Answering Defendants, their agents, servants, employees or otherwise acting on or behalf of any other Defendant in this action or any other natural person, partnership, corporation or other legal entity. 66. At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Answering Defendants. 67. At all times relevant hereto, Answering Defendants, and their agents and servants, complied with the applicable standard of care. 68. At all times relevant hereto Answering Defendants acted within and followed the precepts of a respected school of thought and, accordingly, all professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 69. Patient-Plaintiff assumed the risk of injury and this action is therefore barred by the Doctrine of Assumption of Risk. 70. Answering Defendants believe and therefore aver that evidence accumulated through discovery and provided at trial may establish Patient-Plaintiff was contributory or comparatively negligent, and in order to protect the record, Answering Defendants hereby plead contributory or comparative negligence as an affirmative defense. 71. Answering Defendants are entitled to relief and contribution in accordance with the Pennsylvania Comparative Negligence Act, 42 P.S. § 7102 as amended by Senate Bill 1089, effective August 14, 2002. 72. In the event it is determined that Answering Defendants were negligent with regard to any of the allegations contained in, and with respect to Plaintiffs' Complaint, said allegations being specifically denied, said negligence, if any, was superseded by the intervening negligent acts of other person, parties and/or organizations other than Answering Defendants and over whom Answering Defendants had no control, right, responsibility and, therefore, Answering Defendants are not liable. 73. Any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial causes, factual causes, or factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 74. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Answering Defendants but rather were caused by pre-existing medical conditions and/or causes beyond the control of Answering Defendants, and Plaintiffs may not recover against them. 75. Plaintiffs claims are barred by operation of the applicable statute of limitations, including 42 Pa. C.S.A. § 5524 and 40 P.S. § 1301.605. 76. All claims that might have been asserted by Plaintiffs including claims for medical expenses are barred by operation of the applicable statute of limitations. 77. Plaintiffs' claims are limited and barred by Sections 103, 602 and 606 of the Health Care Services Malpractice Act of 1974, 40 P.S. § 1301, et seq., as amended. 78. Plaintiffs claims are limited and barred by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P. S. § 1303.101, et SeMc . 79. The damages alleged by Plaintiffs did not result from acts or omissions of Answering Defendants, their agents, servants or employees, but, rather, from acts or omissions of persons and/or entities over whom Answering Defendants had no right of control. 80. Pa. R.C.P. 238 is unconstitutional on its face and as may be applied in this case. 81. Plaintiffs' claims, the existence of which is specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. 82. Answering Defendants demands trial by jury on all issues. WHEREFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, demand judgment in their favor and against Plaintiffs. Y, WARNER, BY: Michael C. M6d#iello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Dated: 05/799080.v l VERIFICATION William W. DeMuth. M.D.. F.A.C.S., hereby states that he is authorized to make this Verification, and verifies that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein made are subject to the penalties of 18 PA. C.S. §4404 relating to the unsworn falsification to authorities. Dated; t t R Wiltiam W. DeMuth, y F.A.C.S. 051799260.v l V'ERlli+ylCATION Ange Hamner, RN, hereby states that she is authorized to make this Verification on behalf of Defendant, Orthopedic Institute of Pennsylvania, and verifies that the statements made in the foregoing Answer and blew Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein made are subject to the penalties of 18 PA. C.S. §4944 relating to the unswom falsification to authorities. A L4 ? ?Ov' Ange anmer, A.N. Risk Manager Dated: 6 f o5n9926I.vl CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served upon the A following known counsel and parties of record this '? day of December, 2011 via United States First Class mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman. P.C. 600-A Eden Road Lancaster, PA 17601 , WARNER, CO BY: Craig lk\ St Esquire Michael C. giello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: (717) 651-3500 ? ?, l b 1 S April L. Strang-Kutay, Esquire ri (1 y? PRO?????.ARY I.D. # 46728 600-A Eden Road Lancaster, PA 17601 7012 JAN -3 PM 1:48 t41 Attorney for for Plaintiffs CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE M. SPAHR and, DONALD SPAHR, Wife and Husband, Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No 11-6921 JURY TRIAL DEMANDED Medical Professional Liability Action PLAINTIFFS REPLY TO NEW MATTER OF DEFENDANTS WILLIAM W. DEMUTH, M.D. & ORTHOPEDIC INSTITUTE OF PENNSYLVANIA 63. This paragraph requires no response. 64. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 65. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 66. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 67. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 100577694;vII 1 68. This paragraph contains a conclusion of law, including the two schools of thought defense, which requires no response. To the extent that an answer is deemed necessary, a denial is made. 69. This paragraph relies on the Doctrine of Assumption of Risk defense. Plaintiffs intend to pursue this matter as pled, including negligence as to the standard of care. 70. This paragraph is intended to preserve Defendants' affirmative defense of contributory or comparat ve negligence. To the extent that an answer is deemed necessary, a denial is made. 71. This paragraph contains a conclusion as to relief and contribution in accordance with Pennsylvania law, which requires no response. To the extent that an answer is deemed necessary, a denial is made. 72. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 73. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 74. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 75. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 76. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 77. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. {00577694:vI I 78. This paragraph raises all affirmative defenses and applicable provisions of the MCARE Act. Plaintiff intends to pursue this matter as entitled under the applicable law. 79. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 80. This paragraph contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 81. This paragraph seeks to reduce and or limit claims by means of barring collateral sources of compensation. Plaintiffs intend to pursue this action as entitled within the applicable law. 82. Plaintiffs seek a trial by jury, therefore no response is necessary. GOLDBERG KATZMAN, P.C. By: '?-' /-!? , April L. St ng-K ay, E5 ire I.D. # 46728 -` 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Date: Attorney for Plaintiffs {00577694;vl } 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 '04"? day of , 2011, addressed to the following: Michael Pipa, Esquire Stevens & Lee 17 North Second Street, 16`" floor Harrisburg, PA 17101 Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 By lenda J. Ebersole, Legal Assistant to April L. Strang-Kutay, Esquire {00574714;v1 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOANNE M. SPAHR and DONALD SPAHR, Plaintiff, V BARRY B. MOORE, M.D., F.A.C.S, NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH M.D., F.A.C.S, and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants. CIVIL ACTION - LAW °CO C- 2 r" C CASE NO. 11-6921 c C:) JURY TRIAL DEMANDED Medical Professional Liability Action ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stevens & Lee, P.C., Todd R. Bartos, Esquire on behalf of Defendant Barry M. Moore, M.D., F.A.C.S. All papers should be served at 51 South Duke Street. Lancaster, Pennsylvania 17602. Dated: January 43 , 2012 STEVENS & LEE - -"_? By--- Todd R.' artos Attorney I.D. No. 84279 51 South Duke Street Lancaster, Pennsylvania 17602 (717) 291-1031 trba@stevenslee.com Counsel for Defendant Barry M. Moore, M. D., F.A. C. S SLI 1118310v1 A1199.00566 CERTIFICATE OF SERVICE I, TODD R. BARTOS, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT BARRY M. MOORE, M.D., F.A.C.S. upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PA 17601 Attorney for Plaintiffs Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 William W. Demuth, M.D., F.A.C.S., and Orthopedic Institute Of Pennsylvania Date: January 1,3'2012 SL I 11183 1 Ov 1 041 199.00566 JOANNE M. SPAHR and DONALD SPAHR, wife and husband, Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA, Defendants 0000*0* "*4t42t IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2011-6921 CIVIL TERM IN RE: PLAINTIFF'S REQUEST FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 9th day of February, 2012, upon consideration of Plaintiff's Request for Status Conference, a status conference in the above-captioned case is scheduled to be held on 2 March 2012 at 8:45 a.m. in the Jury Deliberation Room of Courtroom No. 6 of the Cumberland County Courthouse. Distribution: /April L. Strang-Kutay, Esq. Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd R. Bartos, Esq. Stevens & Lee 51 South Duke Street Lancaster, PA 17602 By the cou . . . ........................... ...... ... ....... ....... . . . .... I ) - TThomaVA, Placey, C.P.J. C;_ ti - -MC .? LO k. /Craig A. Stone, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 c?7ofieS 6vla, l?`? aI??1 Ail JOANNE M. SPAHR and, DONALD SPAHR, wife and Husband, Plaintiffs v BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH: M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT No. 11-6921 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 2nd day of March, 2012, at a status conference the following deadlines were established: 1. Discovery shall be closed by May 31, 2012. 2. Plaintiffs' reports shall be due 60 days thereafter on July 31, 2012. 3. Defense reports shall be due October 1, 2012, 60 days after provision of Plaintiffs' reports, with a direction that if mediation is to take place the month of October should be reserved for mediation. s P. Placey C V April L. Strang-Kutay, Esquire 600 A Eden Road Lancaster, PA 17601 For Plaintiffs /Michael Pipa, Esquire 17 North Second Street 16th Floor Harrisburg, PA 17101 :mae cn? r~ r? c; r",7 3 i w -v N a: ?Craig A. Stone, Esquire 4200 Crums Mill Road Suite B Harrisburg, PA 17112 L"') _C° fl n ?jr CRAIG A. STONE, ESQUIRE C%' lP1T I.D. No. 15907 1 ?tj MICHAEL C. MONGIELLO, ESQUIRE ' -9 F?l ; I.D. No. 87532 ,VNISEK(_Aq MELISSA PREGMON, ESQUIRE Y'1l,dS YL?rq f?a?dT}n I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COL9AXY & GOGGIN By: IS /j--w Craig A. Stone, s Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ CLg.4 1. Stmel Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE; I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Golden Living Center, 770 Poplar Church Road, Camp Hill, Pa Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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: Name: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: 77 ? ?A -- _ Angela M. Lentz, Paralegal 05/849403.V1 L- L 0 TA, CRAIG A. STONE, ESQUIRE I.D. No. 15907 : 1 c PI pm MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 C` IMERLAND COUNTY MELISSA PREGMON, ESQUIRE PENNSYLVANIA I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoena has been received, and CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Cra4A- Sto&rwl Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - Alexander Wirings Rehab I Tyler Court #1, Carlisle Pa 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner, Coleman & Goggin, 4200 Crums Mill Road Ste. B, Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARSHALL, DENNEHEY, WARNER COIEh 1 & GOGGIN By: s - Craig A. Stone, re Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: w.??? Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 ` `+' ERL A j I D. No. 3067793 ESQUIRE ''"E11fi'S YLCiOUN 1 v Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, MD., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s Craig X.- 9 ton , e Sup. Ct. I.D. #15907 4200 Crwns Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CRAIG A. STONE, ESQUIRE; I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.CS. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, CIVIL ACTION - LAW No: 11-6921 Civil Term WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ C!2daA. Stonn& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 AIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. CIVIL ACTION - LAW No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Susquehanna Valley Pain Management, 825 Sir Thomas Court, Harrisburg, Pa 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner, Coleman & Gog?ein, 4200 Crums Mill Road, Ste. B, Harrisburg PA 17112 (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: Name: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5t" day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By:?? Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRES I.D. No. 87532 fit'} MELISSA PREGMON, ESQUIRE yt VA I.D. No. 306793 'NIA Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s Craig A. ne, Esqui e Sup. Ct. I.D. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05i842828.vl CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Crei&A. So-n& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. CIVIL ACTION - LAW No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Claremont Care Center, 1000 Claremont Road, Carlisle, Pa 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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 parry 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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5t' day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: W-Ow a 112 2& Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 "111? A r F MICHAEL C. MONGIELLO, ESQUIRE ' " ' " ` J o ?l1 1: 2 J I.D. No. 87532 iBERLAND COUNTY MELISSA PREGMON, ESQUIRE "(I VA td 1 I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M. D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMA" G06fj? By: s/ k -' Craig A. Stone, Esqui Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.vl CRAIG A. STONE, ESQUIRE; I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite 13 Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, CIVIL ACTION - LAW No: 11-6921 Civil Term WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: sf C!2ja fA. Ston& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Spring Creek Rehabilitation Healthcare Center, 1205 South 28th Street Harrisburg Pa 17111 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner Coleman & Goggin, 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: W10" Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 ' 12 R P1" I . "? MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 } =1HDERLi'Mr@ COUNT`;' MELISSA PREGMON, ESQUIRE P F= NN S Y LIY A N I A I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, CIVIL ACTION - LAW No: 11-6921 Civil Term WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN - By: it 1 24 Craig A. S e Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.x1 CRAIG A. STONE, ESQUIRE, I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite 13 Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Cvaiq A. Ston& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M. D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Hershey Medical Center, 500 University Drive, Mail Code HU24, Hershey, Pa 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehev, Warner, Coleman & Goggin, 4200 Crams Mill Road, Ste. B, Harrisburg, PA 17112 (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 parry 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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Gog in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: a=i`.iZe.a Angela M. Lentz, Paralegal 05/849403.V1 ...?'4J? 1 iv1... CRAIG A. STONE, ESQUIRE +rC 0 TN I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE ''t F' R ` 9 P i" I I I.D. No. 87532 tF,L1D COt3iT MELISSA PREGMON, ESQUIRE { G ` 'E , I.D. No. 306793 Ff E'111 P? S Y LYA N I A Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s Craig tone ire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v l CRAIG A. STONE, ESQUIRE; I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., E.A. CS. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. CIVIL ACTION - LAW No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Cra4 Stayu?i Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W DeMuth, MD., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle Pa 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: w? Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 1 1E?#?( ?f rt# A p j'! t YLV14N?ANr Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMADL&_CAX4W By: s Craig A. Ston , Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05l842828.v1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ C!2da?A. Stcyl.Pi Craig A. Stone, Esquire Sup. Ct. 1. D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Rehab Options of Carlisle Regional Medical Center Physical, Occupational & Speech Therapy Services, 417 Village Drive Suite 4 Carlisle Pa 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B, Harrisburg PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehey, Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5ch day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By:? Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 ? e Ar ,7 _ 9 p j 1: MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532'iJ'1ERLAPD COUkT,' MELISSA PREGMON, ESQUIRE PENdt j,? YLVAHIA I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: S/ Craig A. Stone, squire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Cy'gia A St"o&Yw,, Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian =Drayer Physical Therapy, 3 Jennifer Court, Suite A, Carlisle, Pa 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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 parry 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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717)_651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants DATE: BY THE COURT: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: !!! // dC ef4 Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE Tf k i I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE r A -- g pii 1: I.D. No. 87532 i ` MELISSA PREGMON, ESQUIRE 18 E L L 4 ?t_D COUNTY I I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLE GOGGIN t By: S/ Craig A. Sto , Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.vl CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Crest A Stoytz, Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -HealthSouth Rehabilitation Hospital of Mechanicsburg, 175 Lancaster Blvd. Mechanicsburg, Pa 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Ste. B. Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5`h day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: 7A //Y/ 2664 Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE rQ t ?fDN Jlf t, I.D. No. 15907 `? MICHAEL C. MONGIELLO, ESQUIRE 9 pt", r, I.D. No. 87532 ?;d? pi " MELISSA PREGMON, ESQUIRE j- t ????1OUNT r I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, MD., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: S/ Craig A. squire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05i842828.v1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living - MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ CEgdaq A. Stoywl Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W DeMuth, M.D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Jon Vickery M.D., Vickery Diagnostic Group 3 Jennifer Court, Carlisle Pa 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 (If possible, produce radiology studies on disc) at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner Coleman & Goggin, 4200 Crums Mill Road Ste. B, Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Wlovw i 1Y1o6e _ Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE T-41 t10 ' !r{ 9 Fr I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE _ r I.D. No. 87532 C 1 !lt(? ; MELISSA PREGMON, ESQUIRE 'E?'SY(n A}?j `! I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN &-aOGGIN By: s Craig A. Std)w Esga?re Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v 1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: sl Cv'cdaA. Stone Craig A. Stone, Esquire Sup. Ct. I.D. 415907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - Three Spring Family Clinic, 303 North Baltimore Avenue Mount Holly, Pa 17065 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Anp-ela Lentz Paralegal at Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B, Harrisburg PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) I i CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: W? //Y/ 2 e Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE, I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE f'z f4 r`. ' 1-9 I.D. No. 87532 ?f MELISSA PREGMON, ESQUIRE WISE-RL 4 I.D. No. 306793 JVv- "i NO C Marshall, Dennehey, Warner, Coleman & Goggin YL VA UB qutj j?l 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ \_ Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.0 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., EA.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. CIVIL ACTION - LAW BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ CmdaA. St'&yw,i Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Church of God Home, 801 North Hanover Street Carlisle Pa 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz, Paralegal at Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B, Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants DATE: BY THE COURT: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By:? Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE :!,"1S1EPRLAt12 COUNITY ENNI SYLVANIA I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoena has been received, and CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., RA.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband V. Plaintiffs BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11 -6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ Cv'a.4A. So-n& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C. S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Radiology Department Records Custodian - Carlisle Regional Medical Center, 361 Alexander Spring Road Carlisle Pa 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner Coleman & Gog?gin, 4200 Crums Mill Road Ste. B, Harrisbur- PA 17112 (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: Name: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go gin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARSHALL, DENNEHEY, WARNER COL N & GO By: s Craig. Stone, squire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: W,? % Z 5 Le. o y Angela M. Lentz, Paralegal 05/849403.V1 CRAIG A. STONE, ESQUIRE Ijo I.D. No. 15907 12 A MICHAEL C. MONGIELLO, ESQUIRE P: + : v ?? I.D. No. 87532"3E° L,4' jig couOUnty MELISSA PREGMON, ESQUIRE P 1 ?. c; ? LV?f I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD IN THE COURT OF COMMON PLEAS SPAHR, Wife and Husband OF CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Medical Professional Liability Action Defendants PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, addressed to the provider listed on the attached subpoena, Defendant certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, 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. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ ?, / _ Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: 4/5/12 05/842828.v1 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA) Defendants The Physicians Surgery Center Lancaster General, LLC intend to serve a subpoena(s) identical to the attached to this notice. For the purpose of obtaining records on the plaintiff. 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 may be served. ATTACHED SUBPOENAS TO: • Church of God Home • Three Springs Family Clinic • Jon Vickery, M.D. • HealthSouth • Drayer Physical Therapy • Rehab Options of Carlisle Regional Medical Center • Penn Rehab Associates • Claremont Care Center • Susquehanna Valley Pain Mangement • Spring Creek Rehab • Hershey Medical Center • Carlisle Regional Medical Center • Alexander Springs Rehab • Golden Living MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: s/ CraZg-kA. Stp-n& Craig A. Stone, Esquire Sup. Ct. I.D. #15907 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants Dated: March 9, 2012 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian -Penn Rehab Associates 2151 Linglestown Road Harrisburg, Pa 17110-9453 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents, medical bills or other materials contained in the patient file for treatment rendered to: JOANNE SPAHR - DATE OF BIRTH: 7/8/1945; SSN: XXX- XX-4760 at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B, Harrisburg PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehe , Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 5th day of April 2012, via United States First-Class Mail, postage prepaid: April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Todd Bartos, Esquire Stevens & Lee, P.C. 51 South Duke Street Lancaster, Pa 17602 Counsel for Dr. Moore MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: zzlef:4 % 26 - Angela M. Lentz, Paralegal 05/849403.V1 •a IN THE COURT OF COMMON PLEAS OF 1 Nit', tFl' lt?c`OTHON T1r7 Ft .. CUMBERLAND COUNTY, PENNSYLVANIA 2012 MAY 14 JOANNE M. SPAHR and, CIVIL ACTION - LAW CUMBERLAND COUNTY DONALD SPAHR, Wife and PENNSYLVANIA Husband, Plaintiffs V. No. 11-6921 BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DEMUTH, M.D., F.A.C.S. JURY TRIAL DEMANDED and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA : Defendants Medical Professional Liability Action ORDER AND NOW, this ItO?day of May, 2012, upon consideration of counsels' requests, the deadlines established in this Court's March 2, 2012 have been extended as follows: 1. Discovery shall be closed by September 30, 2012. 2. Plaintiffs' reports shall be due 60 days thereafter on November 30, 2012. 3. Defense reports shall be due February 28, 2013, 60 days after provision of Plaintiffs' reports. B , Thomas A. Pl cey C.P ?April L. Strang-Kutay, Esquire Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Xodd R. Bartos, Esquire /raig A. Stone, Esquire Stevens & Lee Marshall, Dennehey, Warner, Coleman & Goggin 51 South Duke Street \ 4200 Crums Mill Road, Suite B Lancaster, PA 17602 J? _ rL Harrisburg, PA 17112 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO., ESQUIRE I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 ILFD-OFFICE . I"'F PROTHONOTARy 2012 JUL 2 7 PM 1= 5 6 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants William W. DeMuth, M.D., F.A. C.S. and Orthopedic Institute of Pennsylvania JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action MOTION TO DISCONTINUE PLAINTIFFS' CLAIMS AGAINST DEFENDANTS. WILLIAM W. DEMUTH, M.D., F.A.C.S AND ORTHOPEDIC INSTITUTE OF PENNSYLVANIA UPON AGREEMENT OF PARTIES AND NOW come the Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and hereby move this Honorable Court to grant the voluntary discontinuance of Plaintiffs' claims against them, based upon the agreement of counsel, as follows: 2. After the issuance of a Rule to File a Complaint, Plaintiffs filed their Complaint on November 30, 2011. 3. All parties have agreed to the Plaintiffs' voluntary dismissal of their claims against Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania ("Moving Defendants") 4. The parties have entered into a Stipulation for a voluntary discontinuance, which Moving Defendants are filing concurrently herewith. A true and correct copy of this Stipulation of counsel for voluntary discontinuance of these claims is attached hereto as Exhibit "A." 5. Accordingly, Moving Defendants hereby request that the Court grant the discontinuance of Plaintiffs' claims against Defendants, William W. DeMuth, M.D., F.A.C.S. and the Orthopedic Institute of Pennsylvania with prejudice. WHERFORE, Defendants, William W. DeMuth, M.D., F.A.C.S. and the Orthopedic Institute of Pennsylvania requests that this Honorable Court enter the attached Order. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN ' Craig A. Stone, Esquire Michael C. Mongiello, Esquire Melissa L. Kelso, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 05/921389.0 CERTIFICATE OF SERVICE I hereby certify that I am this _k day of 2012, serving a copy of the foregoing document upon the person(s) and in the ma r indicated below, which service satisfies the requirements of the Pa. Rules of Civil Procedure and by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: April L. Strang-Kutay, Esquire Todd R. Bartos, Esquire Goldberg Katzman. P.C. Stevens & Lee 600-A Eden Road 51 South Duke Street Lancaster, PA 17601 Lancaster, PA 17602 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN Craig A. Stone, Esquire Michael C. Mongiello, Esquire Melissa L. Kelso, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 05/921389.v I JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action STIPULATION OF COUNSEL FOR VOLUNTARY DISCONTINUEANCE OF CLAIMS It is hereby stipulated by and between counsel of record for all parties that Plaintiff hereby voluntarily discontinue, with prejudice, all claims against the Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania. The action will continue, without effect or prejudice hereby, against the remaining Defendants, Barry B,. Moore, M.D., F.A.C.S. and Neurological Surgery. GOLD KATZMAN, P.C G )?r A?? A ril L. trang-Kutay, E e Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Counsel for Plaintiff STEVENS & LE$J _.. Todd R. Bartos, Esquire Stevens & Lee 51 South Duke Street Lancaster, PA 17602 Represents Barry Moore, M. D., F.A. C. S. ,, and WARNER, CO Craig A. Stone, EYquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Phone: (717) 651-3502 Facsimile (717) 651-9630 Email: castone@mdwcg.com Counsel for William W. DeMuth, M.D., FRCS and Orthopedic Institute of PA. 05/915388.v l JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband Plaintiffs V. BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INS'T'ITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action STIPULATION OF COUNSEL FOR VOLUNTARY DISCONTINUEANCE OF CLAIMS It is hereby stipulated by and between counsel of record for all parties that Plaintiff hereby voluntarily discontinue, with prejudice, all claims against the Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania. The action will continue, without effect or prejudice hereby, against the remaining Defendants, Barry B,. Moore, M.D., F.A.C.S. and Neurological Surgery. GOLDB G KATZMAN, P.C A ril L. trang-Kutay, Esqgf e Goldberg Katzman, P.C. 600A Eden Road Lancaster, PA 17601 Counsel for Plaintiff STEVENS & LEg?? Todd R. Bartos, Esquire Stevens & Lee 51 South Duke Street Lancaster, PA 17602 Represents Barry Moore, M. D., F.A. C. S. o„ (, WARNER, CO Craig A. Stone, EYquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Phone: (717) 651-3502 Facsimile (717) 651-9630 Email: castone@mdwcg.com Counsel for William W. DeMuth, M.D., FACS and Orthopedic Institute of PA. 05/915388.v l a ~• E ^' _ ~ t.~_'~.1V {tiL1f'~U IN~YV~ CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE; I.D. No. 87532 MELISSA PREGMON, ESQUIRE I.D. No. 306793 Marshall, Dennehey, Warner, Coleman &; Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 cl~c? s~,t~~ 1 ~ Q~~ ~ E' ~~ ''Us`~~~r~r~LA`~0 l;OUt~dTY PE~'dSY~VANIA Attorneys for Defendants William W DeMuth, M. D., F.A. C.S. and Orthopedic Institute of Pennsylvan JOANN>=; M. SPAHR and DONALD SPAHR, Wife and Husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs v. CIVIL ACTION -LAW No: 11-6921 Civil Term BARRY B. MOORE, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA JURY TRIAL DEMANDED Medical Professional Liability Action Defendants AMENDED MOTION TO DISCONTINUE PLAINTIFFS' CLAIMS AGAINST D_ EFENDANTS, WILLIAM W. DEMUTH, M.D , F A C S AND ORTHOPEDIC INSTITUTE OF PENNSYLVANIA UPON AGREEMENT OF PARTIES AND NOW come the Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania, by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggins and hereby move this Honorable Courl: to grant the voluntary discontinuance of Plaintiffs' claims against them, based upon the agreement of counsel, as follows: Plaintiffs, Joanne M. Spahr and Donald Spahr ("Plaintiffs"), commenced this medical professional liability action by the filing of a Praecipe for a Writ of Summons on September 7, 2011. 2. After the issuance of a Rule to File a Complaint, Plaintiffs filed their Complaint on November 30, 2011. ', 3. All parties have agreed to the Plaintiffs' voluntary dismissal of their claims ~, against Defendants, William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of I!, Pennsylvania ("Moving Defendants'"). 4. The parties have entered into a Stipulation for a voluntary discontinuance, whic~ Moving Defendants ~~re filing concurrently herewith. A true and correct copy of this Stipulation of counsel for voluntary discontinuance of these claims is attached hereto as Exhibit "A." II 5. Accordingly, Moving L)efendants hereby request that the Court grant the discontinuance of Plaintiffs' claims against Defendants, William W. DeMuth, M.D., F.A.C.S. and the Orthopedic Institute of Pennsylvania with prejudice. 6. Moving Defendants note that the Honorable Judge Thomas A. Placey has previously issued an Order setting forth case management deadlines in this matter. Moving Defendants, by email correspondence, requested the parties' in this Motion. Plaintiffs and co-Defendant concur in the Motion. WHERFORI:, Defendants, William W. DeMuth, M.D., F.A.C.S. and the Orthopedic Institute of Pennsylvania requests that this Honorable Court enter the attached Order. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN '' Z' ~, -,~~~~ ~~ Craig A. Stone, Esquire Michael C. Mongiello, Esquire ', Melissa L. Kelso, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ', osi92aozs.~~ CERTIFICATE OF SERVICE I hereby certify that I am this ~ 1 day of L~~n.,~~, 2012, serving a copy of the forego~ng document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. Rules of Civil Procedure and by depositing a copy of same in the Uni ~ed States Mail, first-class postage prepaid, addressed as follows: ', April L. Strang-Kutay, Esquire Goldberg Katzman. P.C. 600-A Eden Road Lancaster, PA 17601 05/928028. v 1 Todd R. Bartos, Esquire Stevens & Lee 51 South Duke Street Lancaster, PA 17602 MARSHALL, DENNEHEY, WARNER COLEMAN & CrOGGIN ~z.~iC~..~ ~;~~. Craig A. Stone, Esquire Michael C. Mongiello, Esquire Melissa L. Kelso, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 JOANNE M. SPAHR and DONALD SPAHR, Wife and Husband v. Plaintiffs BARRY B. MOORS, M.D., F.A.C.S., NEUROLOGICAL SURGERY, WILLIAM W. DeMUTH, M.D., F.A.C.S. and ORTHOPEDIC INSTITUTE OF PENNSYLVANIA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW No: 11-6921 Civil Term JURY TRIAL DEMANDED Medical Professional Liability Action ORDER AND NOW this day of , 2012, upon review ~~ of the Motion to Discontinue and Stipulation of the Parties, it is hereby ordered that William W. DeMuth, M.D., F.A.C.S. and Orthopedic Institute of Pennsylvania be voluntarily dismissed, with prejudice, from the within action and that the caption be now amended to delete them as named ._ Defe~daats. -~' ':~. ;`== ~, ~c ~ cv }; ~ c.~ ,~ ,_~- °- ~> ~~ ~ ~...~ ~- BY TH OURT: w_ ,~ ~~ ~ ~:~ Q ~~ J. Thomas A. Piacey ~-- ~ ~ ``~ Common Pieas fudge Distribution List v April L. Strang-Kutay, Esquire,. Goldberg Katzman, P.C., 600A Eden Road„ Lancaster, PA 17601, Counsel for Plaint ~/ Todd R. Bartos, Esquire, Stevens & Lee, 51 South Duke Street, Lancaster, PA 17602 Represents Barry Moore, M.D., F.A.C.S. and Neurological Surgery ~/ Craig A. Stone, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112, Counsel for William W. DeMuth, M.D., FRCS and Orthopedic Institute of PA. gip; ~ ,~,, led ~/i~~~~