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HomeMy WebLinkAbout11-7774SUE r . i i OC i {3 P1 3: R. J. MARZELLA & ASSOCIATES, P.C. CUMBERLAND) BY: Robin J. Marzella, Esquire "FNNS I`l VA' 111A Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, 1545 New Bloomfield Road New Bloomfield, Pennsylvania 17068 Plaintiff V. Docket No. Holy Spirit Hospital 503 North 2151 Street Camp Hill, Pennsylvania 17011 Rhondey Harford, M.D. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Quantum Imaging and Therapeutic Associates, Inc. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Defendants JURY TRIAL DEMANDED PRAECPIE TO ISSUE WRIT OF SUMMONS 16) ,? ga•oo Pc? C# 1 `??66 R#ads9d TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. 3 Writ of Summons shall be issued and forwarded to( ) Attorney (X) Sheriff I Robin 1. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Names/Address/telephone No. of Attorney Signature ttorney Supreme Court ID No. 6856 Date: M13 id R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Corl Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -? Julie Corl and Robert Corl, Docket No. 777 l??v?? /?? 1545 New Bloomfield Road New Bloomfield, Pennsylvania 17068 Plaintiff' V. Holy Spirit Hospital 503 North 21S` Street Camp Hill, Pennsylvania 17011 Rhondey Harford, M.D. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Quantum Imaging and Therapeutic Associates, Inc. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Defendants : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. _N\ • -I-) n Prothonotary Date: ?Q //,3 /// by Deputy ( LCheck here if revgrse is used for additional information. 3 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile- (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, Docket No. Ll - / -7 1-77 ILZ Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants : JURY TRIAL DEMANDED SHERIFF'S DIRECTIONS 1. Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Dauphin County upon the Defendant, Holy Spirit Hospital, at the business address located at 503 North 215` Street, Camp Hill, Pennsylvania 17011, by personally handing a copy of the same to the manager, clerk or other adult individual for the time being in charge of the business or activity of the business. 2. Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Dauphin County upon the Defendant, Rhondey Harford, M.D., at the business address located at 629-D Lowther Road, Lewisberry, Pennsylvania 17339, by personally handing a copy of the same to the manager, clerk or other adult individual for the time being in charge of the business or activity of the business. 3. Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Dauphin County upon the Defendant, Quantum Imaging and Therapeutic Associates, Inc., at the business address located at 629-D Lowther Road, Lewisberry, Pennsylvania 17339, by personally handing a copy of the same to the manager, clerk or other adult individual for the time being in charge of the business or activity of the business. Respectfully submitted, R. J. MARZELLA & ASSOCIATES, P.C. RJOM J. MARZ ., ESQUIRE ID No. 66856 DATED: 14 - _/l MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 717-975-8114 Fax: 717-975-8124 E-Mail: mbadowski@margolisedelstein.com Julie Corl and Robert Corl, Plaintiff, vs. Rhondey Harford, M.D., and Quantum Imaging and Therapeutic Associates, Inc. Defendants Attorney for Defendants x,:N CO r c._ r? COURT OF COMMON PLEASv,A b CUMBERLAND COUNTY N c? ?n n NO: 11-7774 =c) z f' CIVIL ACTION _< cn JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance as counsel on behalf of Defendants, Rhondey Harford, M.D., and Quantum Imaging and Therapeutic Associates, Inc., in the above- captioned matter. Respectfully submitted, Date: 1 1117-oz'- MARGO I DELS N By: ? MI H L BADOWS I, ESQUIRE PA. Attorney I.D. No. 32646 Attorney for Defendants, Rhondey Harford, M.D. Quantum Imaging and Therapeutic Associates, Inc. Rol 2?t2 SAN 12 PN 2: ? Ct?U? R. J. MARZELLA & ASSOCIATES, P.0J 8F-?'L %'Ai BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Corl and Robert Cori Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Corl and Robert Corl, Docket No. 11-7774 Civil 1545 New Bloomfield Road New Bloomfield, Pennsylvania 17068 Plaintiff V. Holy Spirit Hospital 503 North 21St Street Camp Hill, Pennsylvania 17011 Rhondey Harford, M.D. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Quantum Imaging and Therapeutic Associates, Inc. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Defendants : JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please re-issue Writ of Summons in the above-captioned action for Defendant Rhondey Harford, M.D. Qrvl? $ ??.7 P4 a Ck 0 (clU3U 1?:(n Ii_7 (3 FILED-OFF1C1 uu: VE FRpl'HONOTAR 2512 JAN 12 PM 1' 55 MICHAEL BADOWSKI, ESQUIRE CUMBERLAND COUNTY Pa. Supreme Court I. D. No. 32646 PENN5YL"NI A MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7500 FAX: (717) 975-8124 Attorney for Defendants E-mail: mbadowski@margolisedelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Corl and Robert Corl, DOCKET NO. 11-7774 Plaintiffs V. CIVIL ACTION Rhondey Harford, M.D., and Quantum Imaging and Therapeutic JURY TRIAL DEMANDED Associates, Inc. Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DATE: By: Attorney No. 32646 3510 Trindle Road Camp Hill, PA 17011 717-760-7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Corl and Robert Corl, DOCKET NO. 11-7774 Plaintiffs V. CIVIL ACTION Rhondey Harford, M.D., and Quantum Imaging and Therapeutic JURY TRIAL DEMANDED Associates, Inc. Defendants TO THE PLAINTIFF: RULE You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: 1 Prothonotary - 2 - I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of T241-11A I 2012, and addressed as follows: Robin J. Marzella, Esq. Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 (Counsel for Plaintiffs) Thomas M. Chairs, Esq. Aaron S. Jayman, Esq. Dickie, McCamey & Chilcote, P.C. 425 North 21 gt St. Camp Hill, PA 17011 (Counsel for Defense) MARGOLIS EDELSTE By: Stephen P. Gunther, Paralegal CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 HARFORD 721 r i --x =}T'i 1. As a prerequisite to service of a subpoena for documents and thingssuiht to Rule 4009.22 -<y> .C >r? c`a-w MCS on behalf of MICHAEL BADOWSKI, ESQ. _ :7 _ certifies that r-? (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS on be//half of // // /S/ PlichaelJyaLvjhi, e9ck. MICHAEL BADOWSKI, ESQ. Attorney for DEFENDANT MCS # 53783-LO1 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER. OF: CORL --VS- HARFORD COURT OF COMMON PLEAS TERM, CASE NO: 11-7774 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 UPMC NEUROSURGERY NEUROLOGY CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS BILLING ONLY X-RAY ONLY PATHOLOGY TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf_ of MICHAEL BADOWSKI;_ ESA?. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may `)e ordered at your expense by completing the attached counsel card and returni.nr- same to MCS or by contacting our local MCS office. DATE: 02/22/2012 CC: MICHAEL BADOWSKI, ESQ. - ROBIN J MARZELLA, ESQ. L/O OF ROBIN J. MARZELLA 3513 NORTH FRONT STREET MCS on behalf of MICHAEL BADOWSKI, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246--0900 HARRISBUIC, PA 17110 MCS # 53783-CO1 DE02 RJMARZELLA f r February 22, 2012 Fax:7172346383 Feb ?7 2012 16:53 P.01 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 Phone: (215)246-0900 Fax: 215-531-5754 URGENT!!!!! URGENT!!!! URGENT!!!!! JULIE CORL 1545 MEW BLOOMFIEI.D ROAD CORL Va R RFORD BADOWSKI, r--4,NKO, ET AL MICRAEL SADOWSKI, ESQ. (717) 975-6114 We have been requested by the above-mentioned counsel to obtain material, on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22. Please fax this form to us imoxedl tely at 215-531-5754 with your signature so that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, Janice McCaffrey JMcCaffrey@themcsgroup.com Counsel- L/O OF ROBIN J. MARZELLA ROBIN J MARZELLA, ESQ. Fax: (717)234-6883 Email! « r I agree to waiv waiting period Date: ? copies-yes No I agree to pay'tYie invoice p?ovid?cl'°uri.th the documents Review Documents-Yes No Advise of Cost YES/NO Scan/Upload I do not agree to waive rule: Billing Info: Date:; Handling ]Paralegal RRw1 - Mcs # 53783 ?C? ?G`v?? ??? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : VS. HARFORD File No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for UPMC NEUROSURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc., 1601 Market Street, Suite 800, Philadelnhhi . PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKI. ESQ. ADDRESS: 3510 TRINDI F ROAD CAMP HILL PA 17011 TELEPHONE: (25) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 1e 8 zolz Date: ?C9 d Seal of the Court BY THE COURT: 4-f 6 ProthonotarylClerk, Civil Division Deputy 51793-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UPMC NEUROSURGERY 200 LOTHROP ST. STE B400 PITTSBURGH, PA 15213 RE: MCS # 53783-LO1 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EEG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession, all archived records, or, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-LO1 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL HARFORD -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS on behalf of / /S/ Michael gadotvl' 6c,'. MICHAEL BADOWSKI, ]ESQ. Attorney for DEFENDANT MCS # 53783-L02 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : vs. HARFORD Fite No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NEUROLOGY CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group,, Inc.- Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKI, ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (?25)246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant m---- FEB 8 2012 Date: C ?/-/ Seal of the Court BY THE COURT: fly 1X-LL Prothonotary/Clerk, Civil Division Deputy 53783-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NEUROLOGY CENTER 897 POPLAR. CHURCH RD. SUITE 1C7 CAMP HILL. PA 17011 RE: MCS # 53783-L02 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, history and physical reports. Supply all medication and prescription records, medical billing and payment information. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG's, EMG's, MRI's, and x-rays and all corresponding reports or inventories. This should contain all records in your possession. all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDING PATHOLOGY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-L02 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL HARFORD -VS - COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS o??n// be/half }}of /S/ f11ichae1 U.Sf?adorvehi, MICHAEL BADOWSKI, ESQ. Attorney for DEFENDANT MCS # 53783-L03 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : vs. HARFORD File No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Groun Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKI, ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant EE 28202 Date: Seal of the Court BY THE COURT: f1 D" Prothonotary/Clerk, Civil Division ,-,,4 A4 aax -,cC' 5W,,,sez?? Deputy 53783-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL. PA 17011 RE: MCS # 53783-LO3 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide the entire hospital medical file, including but riot limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-LO3 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL HARFORD -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS on be/half of / / /S/ Michaelnadotvlk, MICHAEL BADOWSKI, ,SQ. Attorney for DEFENDANT MCS # 53783-L04 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : vs. HARFORD File No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKI. ESQ. ADDRESS: 3510 T DLE ROAD 'AMP HILL PA 17011 TELEPHONE: (25) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B 2` 8 012 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil :Division Deputy 53783-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL BILLING )EPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 53783-L04 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-LO4 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL HARFORD -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQ. _ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS on be/halff /off / / /S/ WichaeC (/?adOC?v?hi, MICHAEL BADOWSKI, ESQ. Attorney for DEFENDANT MCS # 53783-L05 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : vs. 14ARFORD File No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street, Suite 800 Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKI. ES ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FEB 2 8 2012 Date: Seal of the Court BY THE COURT: LZL Prothonotary/Clerk, Civil Division Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: MCS # 53783-L05 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-LO5 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CORL HARFORD _VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 11-7774 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/22/2012 MCS on be/halff of / /S/ Wichael l2adocv1_ , ??. MICHAEL, BADOWSKI, ESQ. Attorney for DEFENDANT MCS # 53783-L06 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORL : VS. HARFORD File No. 11-7774 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS_ FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL BADOWSKL ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant FEB 2 8 2012 Date: W _ Seal of the Court BY THE COURT: BY Prothonotary/Clerk, Civil Division Deputy 53783-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR HOLY SPIRIT HOSPITAL PATHOLOGY DEPARTMENT 503 N. 21ST STREET CAMP HILL. PA 17011 RE: MCS # 53783-LO6 JULIE CORL 1545 NEW BLOOMFIELD ROAD NEW BLOOMFIELD, PA 17068 Date of Birth: 02-12-1959 Please provide any and all pathology reports and records. This should contain all pathology records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or, otherwise in electronic form, relating to any examination, consultation. d'agrosis care or treatment. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 53783-LO6 SU1O R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile: (7171234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants Docket No 11-7774 Civil - . , -? ' N JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Julie Cori and Robert Cori, who at all relevant times to this action resided at 1545 New Bloomfield Road, New Bloomfield, Pennsylvania 17068. 2. Holy Spirit Hospital is a non-profit organization (hereinafter "Defendant HSH") under the laws of the Commonwealth of Pennsylvania, which maintained a registered address for service at 503 North 21St Street, Camp Hill, Pennsylvania 17011. 3. Rhondey Harford, M.D. (hereinafter "Defendant Harford") is an adult- individual who was licensed to practice medicine in the state of Pennsylvania and at all relevant times hereto, maintained a principal place of business at 629-D Lowther Road, Lewisberry, Pennsylvania 17339. 4. Quantum Imaging & Therapeutic Associates, Inc. is a professional corporation (hereinafter "Defendant QITA" ), incorporated under the laws of the Commonwealth of Pennsylvania, which maintained an address for service at 629-D Lowther Road, Lewisberry, Pennsylvania 17339. 5. At all times hereto, Defendant Harford was an agent, apparent agent, ostensible agent, servant, and/or employee of Defendant HSH and/or Defendant QITA. 6. In the October of 2004, Mrs. Cori, a 45-year-old woman, began to develop symptoms of dizziness and weakness. 7. On or about October 14, 2004, Mrs. Cori presented to her primary care physician, Dr. Robert Matsko, with complaints of the aforementioned symptoms. 8. Following her examination, Dr. Matsko ordered an MRI of her brain to further evaluate her symptoms. 9. On or about October 19, 2004, Mrs. Cori presented to Defendant HSH for her scheduled MRI. 10. The MRI was improperly interpreted by Defendant Harford as a "normal MRI of the brain, without evidence of acute abnormality or abnormal enhancement," and therefore, negative. 11. Because Mrs. Corl's MRI was reported to Dr. Matsko as negative, he referred Mrs. Cori to Neurology Center, P.C., for further examination. 2 12. AS instructed, Mrs. Cori presented to Neurology Center, P.C. for further evaluation. 13. At the time of this evaluation Mrs. Cori was examined by Dr. Ravi Dukkipati. 14. The examination revealed that Mrs. Cori had episodic dizziness, characterized as vertigo and was accompanied by tinnitus, but with no hearing loss. 15. Based on the history, physical examinations, and the reportedly negative MRI, vestibular therapy was recommended. 16. Mrs. Cori completed the therapy as instructed. 17. Approximately five (5) years later in 2009, Mrs. Cori's symptoms began to worsen and she again presented to Dr. Matsko. 18. Mrs. Cori's chief complaints were of facial numbness, dizziness, hearing loss and muscle twitching and swelling in her face. 19. Dr. Matsko ordered a CT Scan of Mrs. Corl's brain to better evaluate her worsening symptoms. 20. On or about December 18, 2009, Mrs. Cori presented to Defendant HSH to undergo her scheduled CT Scan. 21. Mrs. Cori's CT Scan was interpreted by Dr. Douglas Martin who noted an "avidly enhancing extra axial mass... oval in shape at the right cerebellopontine (CP) which appears to contract the tentorium..." 22. After reviewing Mrs. Corl's CT Scan, Dr. Martin felt it necessary to look more closely at Mrs. Corl's brain and requested that an MRI be performed of her brain. 3 23. Thereafter, on or about December 22, 2009, Mrs. Cori presented to Defendant HSH for her scheduled MRI. 24. Dr. Martin again interpreted this MRI and compared it to Mrs. Corl's previous MRI in October of 2004. 25. Dr. Martin specifically states in his report comparing the October 2004 MRI with the December 22, 2009 MRI that, "again seen is a right CP angle mass centered at the porus acusticus measuring 2.6 x 2.0 centimeters..." 26. Dr. Martin also reported that it "extends into the right inner auditory canal (IAC).... and that there is a mass effect on the right cranial nerve #5 that is consistent with the patient's complaints of right facial swelling..." 27. This right CP angle mass was consistent with acoustic schwannoma and had grown from a small tumor in 2004 to a larger sized tumor in 2009. 2.8. Thereafter, Mrs. Cori presented to Dr. Marcus Keep at Pinnacle Health Neurological Surgery. 2.9. Dr. Keep recommended that Mrs. Cori undergo gamma knife surgery to treat the tumor and referred her to a surgeon at the University of Pittsburgh Medical Center, Dr. Douglas Kondziolka. 30. Dr. Kondziolka reviewed the 2004 MRI and compared it to the current MRI and confirmed that the tumor had grown significantly over the last 5 years. He recommended immediate surgical intervention to prevent further damage. 31. However, Dr. Kondziolka counseled Mrs. Cori that her current symptoms would probably remain even after surgery given the large size of the tumor. 4 32. On or about January 21, 2010, Mrs. Cori presented to the University of Pittsburgh Medical Center to undergo here scheduled outpatient gamma knife procedure. 33. The gamma knife procedure was performed by Dr. Kondziolka without any complications and Mrs. Cori was discharged later that same day. 34. In the months following surgery, Mrs. Cori continued to have hearing loss, facial numbness and swelling on her right side. 35). On or about July 12, 2010, Mrs. Cori presented again to Dr. Kondziolka and underwent an MRI scan of her brain. 36. Fortunately, this MRI demonstrated a "cystic change of the right acoustic neuroma with decreased contrast uptake within the middle of the tumor that is stable in size..." 37. Mrs. Cori also underwent an audiogram that same day which demonstrated "speech discrimination score on the right side decreased from a level of 96% to 72%..." 38. Dr. Kondziolka was please with the radiographic changes in the Mrs. Corl's tumor and requested to see her back for a repeat MRI and audiogram in twelve (12) months. 39. Unfortunately, due to the delay in diagnosing the tumor, Mrs. Cori continues to have facial numbness, balance issues, hearing loss and significant muscle twitching in her face. s 40. She in required to hold onto railings any time she uses stairs and hold onto a wall anytime she makes turns to prevent her from falling. 41. In addition, Mrs. Corl now chokes very easily because she has completely lost her gag reflex and has no sensation in her right eye. 42. Mrs. Corl's current limitations have had a dramatic impact on her ability to care for her family. 43. Mrs. Corl's youngest daughter, Brooke, is severely disabled. 44. Mrs. Corl is and will continue to be the primary care taker of Brooke as long as her physical condition allow. 45. Brooke is 19 years old and suffers from brittle bone disease and cannot walk or care for herself. She also suffered from hydrocephalus. 46. Mrs. Corl's physical limitations, which resulted from the delay in diagnosis, have and will continue to directly affect Mrs. Corl's ability to care for Brooke. Outside assistance may be necessary due to her physical limitations. 47. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Corl has suffered and will continue to suffer severe injuries including but not limited to, nerve damage, muscle paralysis, deafness, etc. 48. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Corl has been forced to incur liability for medical treatments, medicines, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health and because of the nature of said injuries, Plaintiff is advised and therefore avers 6 that she will be forced to incur medical and similar miscellaneous expenses in the future and a claim is made therefore. 49. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Cori has sustained a loss of past and future earnings, a loss of earning power and a loss of earning capacity and a claim is made therefore. 50. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Cori has sustained and will continue to sustain physical pain and suffering, mental pain and anguish, discomfort, inconvenience and distress and a claim is made therefore. 51. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Cori has sustained and will continue to sustain in the future disfigurement, embarrassment, and humiliation and a claim is made therefore. 52. As a direct and proximate result of the Defendants' negligence, Plaintiff, Julie Cori has sustained and will continue to sustain a loss of life's pleasures and enjoyment and a claim is made therefore. 53. As a direct and proximate result of the Defendants' negligence, Robert Cori has suffered and will continue to suffer a loss of intimacy, consortium, services, society, advice and companionship and a claim is made therefore. COT 1niT i Negligence ulie Cori V. Rhondey Harford, M.D. 7 54. Paragraphs 1 through 53 of this Complaint are incorporated herein by reference as if set forth at length. 55. Defendant, Rhondey Harford, M.D. is jointly and severally liable to Julie Cori for the injuries and damages alleged herein which were directly and proximately caused by Defendant Harfords's negligence with respect to Julie Cori, by: (a) failing to properly interpret and report on the MRI performed on Julie Cori on or about October 19, 2004; (b) failing to recognize the existence of the acoustic schwannoma/tumor on the October 19, 2004 MRI; (c) improperly reporting the results of the October 19, 2004 MRI as normal; (d) failing to repeat the MRI to ensure that the study was adequate for interpretation; (e) failing to recommend, order, or perform a follow-up radiological study to evaluate for changes present on the October 19, 2004 MRI; (I) failing to timely recommend, order, or obtain a consult with a neurosurgeon in a timely fashion; (g) allowing Mrs. Corl's condition to deteriorate and progress to the point where she went deaf in her right ear, experienced constant balance problems, swallowing difficulty, facial pain, and nerve damage; (h) failing to thoroughly and appropriately review, interpret and report on the MRI performed on or about October 19, 2004; g (i) allowing the acoustic neuroma and/or tumor to grow for five years without recommending the appropriate intervention and or consultation to prevent or minimize permanent injury. 56. Defendant, Harford is liable to the Plaintiffs for the injuries and damages as alleged herein as set forth in paragraphs 47 through 53 above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiffs, Julie Cori and Robert Cori, demand judgment against Defendant Harford, for compensatory damages in an amount in excess of Fifty Thousand Dollars, ($50,000.00), exclusive of interest and costs in an excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Vicarious Liability ulie Cori V. How Spirit Hospital 57. Paragraphs 1 through 53 and Count I are incorporated herein by reference as if set forth at length. 58. Defendant, Holy Spirit Hospital, is jointly and severally liable to Julie Cori for the injuries and damages alleged herein which were directly and proximately caused by the agents, apparent agents, servants and/or employee's negligence with respect to Julie Cori, by: (a) failing to properly interpret and report on the MRI performed on Julie Cori on or about October 19, 2004; 9 (b) failing to recognize the existence of the acoustic schwannoma/tumor on the October 19, 2004 MRI; (c) improperly reporting the results of the October 19, 2004 MRI as normal; (d) failing to repeat the MRI to ensure that the study was adequate for interpretation; (e) failing to recommend, order, or perform a follow-up radiological study to evaluate for changes present on the October 19, 2004 MRI; (f) failing to timely recommend, order, or obtain a consult with a neurosurgeon in a timely fashion; (g) allowing Mrs. Corl's condition to deteriorate and progress to the point where she went deaf in her right ear, experienced constant balance problems, swallowing difficulty, facial pain, and nerve damage; (h) failing to thoroughly and appropriately review, interpret and report on the MRI performed on or about October 19, 2004; (i) allowing the acoustic neuroma and/or tumor to grow for five years without recommending the appropriate intervention and or consultation to prevent or minimize permanent injury. 59. Defendant HSH, is liable to the Plaintiffs for the injuries and damages alleged herein as set forth in paragraphs 47 through 53 above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff's, Julie Cori and Robert Cori, demand judgment against Defendant, HSH for compensatory damages in an amount of excess of Fifty Thousand 10 Dollars ($50,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Vicarious Liability Julie Cori V. Quantum Imaging and Therapeutic Associates, Inc. 60. Paragraphs 1 through 53 and Counts I and II of this Complaint are incorporated herein by reference as if set forth at length. 61. Defendant QITA is jointly and severally liable to Julie Cori for the injuries and damages alleged herein which were directly and proximately caused by their agents, apparent: agents, servants and/or employee's negligence with respect to Julie Cori, by: (a) failing to properly interpret and report on the MRI performed on Julie Cori on or about October 19, 2004; (b) failing to recognize the existence of the acoustic schwannoma/tumor on the October 19, 2004 MRI; (c:) improperly reporting the results of the October 19, 2004 MRI as normal; (d) failing to repeat the MRI to ensure that the study was adequate for interpretation; (e) failing to recommend, order, or perform a follow-up radiological study to evaluate for changes present on the October 19, 2004 MRI; (f) failing to timely recommend, order, or obtain a consult with a neurosurgeon in a timely fashion; (g) allowing Mrs. Corl's condition to deteriorate and progress to the point where she went deaf in her right ear, experienced constant balance problems, swallowing difficulty, facial pain, and nerve damage; (h) failing to thoroughly and appropriately review, interpret and report on the MRI performed on or about October 19, 2004; (i) allowing the acoustic neuroma and/or tumor to grow for five years without recommending the appropriate intervention and or consultation to prevent or minimize permanent injury. 62. Defendant QITA is liable to Plaintiffs for the injuries and damages alleged herein as set forth in paragraphs 47 through 53 above, which are incorporated herein by reference as if set at length. WHEREFORE, Plaintiffs, Julie Cori and Robert Cori, demand judgment against Defendant QITA, for compensatory damages in an amount in excess of Fifty Thousand Dollars, ($50,000.00), exclusive of interest and costs in an excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Loss of Consortium 12r%harf Cnrl V. Rhondey Harford, M.D., Holy Spirit Hospital and Quantum Imaging and Therapeutic Associates, Inc. 63. Paragraphs 1 through 53 and Counts I through III of this Complaint are incorporated herein by reference as if set forth at length. 12 64. Defendants, Rhondey Harford, M.D., Holy Spirit Hospital and Quantum Imaging and Therapeutic Associates, Inc. are jointly and severally liable to Plaintiff, Robert Cori for the injuries and damages as set forth herein. 65. By way of the aforesaid injuries sustained by his wife, Plaintiff, Robert Cori has been in the past and will be in the future deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will continue to be to his great detriment and loss and a claim is made therefore. WHEREFORE, Plaintiff, Robert Cori demands judgment against Defendants, Rhondey Harford, M.D., Holy Spirit Hospital and Quantum Imaging and Therapeutic Associates, Inc., for damages in an amount of excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, R. J. Maarzella & Associates, P.C. By. \ Robi ella, Esquire Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Dated: 13 VERIFICATION We, Julie Corl and Robert Corl, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: Dated: ?/ ,Zp Z ie Corl Robert Corl CERTIFICATE OF SERVICE I, Jacqulyn R. Harris, hereby certify that a true and correct copy of the foregoing Complaint was served upon counsel of record this 28`h day of February, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Thomas Chairs, Esq. Dickey McCamey Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 Michael Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 R. J. MARZELLA & ASSOCIATES, P.C. BY: JAC LYN H I , LAW CLERK MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court 1. D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road i -2 1" 1 2- E Camp Hill, PA 17011 Telephone: (717) 760-7500 FAX: (717) 975-8124 PENHSYLVAW;1% Attorney for Defendants E-mail: mbadowski@margolisedelstain.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Cori and Robert Cori, DOCKET NO. 11-7774 Plaintiffs V. CIVIL ACTION Rhondey Harford, M.D., and Quantum Imaging and Therapeutic JURY TRIAL DEMANDED Associates, Inc. Defendants TO: Plaintiffs, c/o Robin J. Marzella, Esquire Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 Pursuant to the Pennsylvania Rule of Civil Procedure 1042.7, 1 intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3 I am serving this notice on behalf of Defendants, Rhondey Harford, M.D., and Quantum Imaging and Therapeutic Associates, Inc. The judgment of non pros will be entered as to the following claims: Julie Cori and Robert Corl v. Rhondey Hanford, M.D., and Quantum Imaging and Therapeutic Associates, Inc. MARGOLIS EDELSTEIN DATE: 3 13o I l z Colleen A. Shutts, Esquire PA Supreme Court ID No. 311219 Michael M. Badowski, Esquire PA Supreme Court ID No. 32646 Attorneys for Defendants, Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Assoc. Inc. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the Sa day of Ajr,nr 2012, and addressed as follows: Robin J. Marzella, Esq. Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 Thomas M. Chairs, Esq. Aaron S. Jayman, Esq. Dickie, McCamey & Chilcote, P.C. 425 North 21st St. Camp Hill, PA 17011 MARGOLIS EDELSTEIN By: ?? Z ?? tephen P. Gunthe , Paralegal 1218190 .- DICKIE, MCCAMEY & CHILCOTE, P.C. `'r IT ONOTA , BY: Thomas M. Chairs, Esquire ATTORNEY FOR: ATTORNEY I.D. NO. 78565 p , HOLY SPIRIT HOSPITAL BY: Aaron S. Jayman, Esquire ' i i 2' 5 0 ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 1' E3Ef??.A COUNTS' 425 North 21st Street PENNSSYl VANIA Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax JULIE CORL AND ROBERT CORL, IN THE COURT OF COMMON PLEAS Plaintiffs OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-7774 HOLY SPIRIT HOSPITAL, RHONDEY HARFORD, M.D. AND QUANTUM IMAGING AND THERAPEUTIC, Defendants CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED CLAIM TO: Julie Corl and Robert Corl c/o Robin J. Marzella, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if Certificates of Merit are not filed as required by Rule 1042.3. I am serving this notice on behalf of Defendant, Holy Spirit Hospital. The judgment of non pros will be entered as to the following claims: Any and all claims filed and pled against Holy Spirit Hospital. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 3, 2012 By: Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21" Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, April 3, 2012, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Robin J. Marzella, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3 513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Michael M. Badowski, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Associates, Inc.) Aaron xq-iV21z--- an, Esquire L_ Ll-U;. I ;: l'H i -Ho 1110 TA-1 20112A PR 17 ANII:Og R. J. MARZELLA & ASSOCIATES, P.C. Ci. MBER LAND C0Ui` BY: Robin J. Marzella, Esquire PENNSYLVANIA Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, : Docket No. 11-7774 Civil Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO RHONDEY HARFORD, M.D. 1, Robin J. Marzella, attorney for the Plaintiffs, Julie Cori and Robert Cori, hereby, certify that: (X) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR .1 ( ) the claim that these defendants deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. By: ciates, P.C. Robin J. , squire Attorney Id ation No. 66856 Dated: aril 16, 2012 i r::-"0T H1DN0TA LJl2;' 17 f 1: 02 R. J. MARZELLA & ASSOCIATES, P.C. 0= 1'41 3 ERLAND C0UHT`k BY: Robin J. Marzella, Esquire PENNSYLVANIA Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, : Docket No. 11-7774 Civil Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL I, Robin J. Marzella, attorney for the Plaintiffs, Julie Cori and Robert Cori, hereby, certify that: ( ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR (X) the claim that these defendants deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR () expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. R. J. Associates, P.C. By: Robin r , squire Attorney Identification No. 66856 Dated: April 16, 2012 {; t 1IZ $PR 1 7 A II: 02 R. J. MARZELLA & ASSOCIATES, P.C. D ?i j J??yD COUNT BY: Robin J. Marzella, Esquire a ; ENNSYLVANIA Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717) 234-7828 Julie Cori and Robert Cori Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori, : Docket No. 11-7774 Civil Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC. I, Robin J. Marzella, attorney for the Plaintiffs, Julie Cori and Robert Cori, hereby, certify that: ( ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR (X) the claim that these defendants deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom these defendants are responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR () expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. R. J. Mar, ella & Associates, P.C. i By: Robin l rz , Esqui e Attorney Identification No. 66856 Dated: April 16, 2012 .r CERTIFICATE OF SERVICE 1, Jacqulyn R. Harris, hereby certify that a true and correct copy of the foregoing Certificate of Merit as to all Defendants was served upon counsel of record this 16`h day of April, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Thomas Chairs, Esq. Dickey McCamey Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 Michael Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 R. J. MARZELLA & ASSOCIATES, P.C. jC ?0'c) "-/ A.&OW -4/2 LA BY: JAC ULYN . H R! LAW CLERK MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court 1. D. No. 32646 MARGOLIS EDELSTEIN r'. 3510 Trindle Road Camp Hill, PA 17011 ?r,Lt4KD CTJt F Telephone: (717) 760-7500 t°, Y LYE e I Attorney for Defendants FAX: (717) 975-8124 Rhondey Harford, M.D. and E-mail: mbadowski@margolisedelstein.com Quantum Imaging and Therapeutic Assoc. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Cori and Robert Cori, DOCKET NO. 11-7774 Plaintiffs CIVIL ACTION V. Holy Spirit Hospital, Rhondey Harford, JURY TRIAL DEMANDED M.D., and Quantum Imaging and Therapeutic Associates, Inc. Defendants TO: Julie Cori and Robert Cori, Plaintiffs c/o Robin J. Marzella, Esquire Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. DATE: 5- / 2 MA LIS D LSTEI BY: Midhael M?'Badowski, Esquire PA Supreme Court ID No. 32646 Attorney for Defendants, Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Assoc. Inc. MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I. D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7500 FAX: (717) 975-8124 E-mail: mbadowski@margolisedelstein.com Attorney for Defendants Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Assoc. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Cori and Robert Cori, DOCKET NO. 11-7774 Plaintiffs CIVIL ACTION v. Holy Spirit Hospital, Rhondey Harford, JURY TRIAL DEMANDED M.D., and Quantum Imaging and Therapeutic Associates, Inc. Defendants ANSWER AND NEW MATTER OF DEFENDANTS, RHONDEY HARFORD, M.D. AND QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC. (HEREIN AFTER COLLECTIVELY REFERRED TO AS "DR. HARFORD"), TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Dr. Harford is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Plaintiffs' Complaint and, therefore, said averments are denied. 2. This paragraph of the Plaintiffs' Complaint is not directed towards Dr. Harford and, therefore, no response is required. 3-4. Admitted. 5. Admitted in part and denied in part. It is admitted that at the times relevant to the Plaintiffs' Complaint, Dr. Harford was employed as a radiologist with Quantum Imaging and Therapeutic Associates, Inc. (herein after referred to as "QITA"). Dr. Harford has never been an actual or ostensible agent or employee of Defendant Holy Spirit Hospital. 6-46. Denied. The averments of these paragraphs of Plaintiffs' Complaint are generally denied in accordance with the provisions of Pennsylvania Rule of Civil Procedure No. 1029(e). The averments of these paragraphs of the Plaintiffs' Complaint are also denied to the extent that they recite medical and/or legal conclusions to which no responsive pleading is required. By way of further answer, it is admitted that Dr. Harford interpreted a brain MRI study performed on Julie Corl in October 2004. 47-53. Denied as to Dr. Harford. The averments of these paragraphs of the Plaintiffs' Complaint recite medical and/or legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Harford acted appropriately and in a fashion commensurate with standards of radiology care applicable under similar circumstances and he in no way negligently caused, negligently contributed to cause or negligently increased the risk of causing any injury or damage to Plaintiffs. COUNTI Negligence Julie Cori V. Rhondev Harford, M.D. 54. Dr. Harford incorporates by reference herein his Answers to the foregoing paragraphs of the Plaintiffs' Complaint as if the same were set forth in their entirety. 55-56. Denied. The averments of these paragraphs of the Plaintiffs' Complaint recite medical and/or legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Harford acted appropriately and in a fashion commensurate with standards of radiology care applicable under similar circumstances and that he in no way negligently caused, negligently contributed to cause or negligently increased the risk of causing any injury or damage to Plaintiffs and he is in no fashion liable to Plaintiffs on their Complaint. WHEREFORE, Dr. Harford demands judgment in his favor and against Plaintiffs. COUNT II Vicarious Liability Julie Cori V. Holy Spirit Hospital 57-59. The averments of this count of the Plaintiffs' Complaint are not directed towards Dr. Harford and, therefore, no response is required. COUNT III Vicarious Liability Julie Corl V. Quantum Imaging and Therapeutic Associates, Inc. 60. Quantum Imaging incorporates herein by reference its answers to the foregoing paragraphs of the Plaintiffs' Complaint as if the same were set forth in their entirety. 61-62. Denied. The averments of these paragraphs of the Plaintiffs' Complaint recite medical and/or legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to Plaintiffs' Complaint, Quantum Imaging's employed radiologist, Dr. Harford, acted appropriately and in a fashion commensurate with standards of radiology care applicable under similar circumstances and he in no way negligently caused, negligently contributed to cause or negligently increased the risk of causing any injury or damage to Plaintiffs and Quantum Imaging and Dr. Harford are in no way liable to Plaintiffs on their Complaint. WHEREFORE, Dr. Harford demands judgment in his favor and against Plaintiffs. COUNT IV Loss of Consortium Robert Cori V. Rhondey Harford M.D., Holy Spirit Hospital and Quantum Imaging and Therapeutic Associates, Inc. 63. Dr. Harford incorporates by reference herein his Answers to the foregoing paragraphs of the Plaintiffs' Complaint as if the same were set forth in their entirety. 64-65. Denied. Denied as to Dr. Harford. The averments of these paragraphs of the Plaintiffs' Complaint recite medical and/or legal conclusions and/or claims for damages to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. Harford acted appropriately and in a fashion commensurate with standards of radiology care applicable under similar circumstances and that he in no way negligently caused, negligently contributed to cause or negligently increased the risk of causing any injury or damage to Plaintiffs and he is in no fashion liable to Plaintiffs on their Complaint. WHEREFORE, Dr. Harford demands judgment in his favor and against Plaintiffs. NEW MATTER 66. Plaintiffs' Complaint, in whole or in part, fails to state causes of action cognizable under Pennsylvania law as against Dr. Harford and Quantum Imaging. 67. To the extent currently applicable or to the extent that it may later prove to be applicable, Dr. Harford and Quantum Imaging hereby plead the statute of limitations and/or statute of repose referable to personal injury actions in Pennsylvania to preserve these affirmative defenses for the record. 68. At all times and for all purposes relevant to the events set forth in Plaintiffs' Complaint, Dr. Harford acted appropriately and in a fashion commensurate with standards of radiology care applicable under similar circumstances. 69. Dr. Harford in no way, negligently or otherwise, caused or contributed to cause any injury or damage to Plaintiffs and Dr. Harford and Quantum Imaging are in no fashion liable to Plaintiffs on their Complaint. 70. To the extent discovery reveals, Dr. Harford and Quantum Imaging plead Julie Corl's contributory negligence and/or assumption of risk to preserve these affirmative defenses for the record. 71. To the extent that Plaintiffs have sustained any injury or damage as a function of any alleged negligence, any such negligence being specifically denied, any such injury or damage was the result of the acts or omissions of third persons other than Dr. Harford and Quantum Imaging and for whom Dr. Harford and Quantum Imaging are in no way liable or responsible. 72. To the extent Plaintiffs have sustained any injury or damage, any such injury or damage was the function of the natural progression of a disease process and not due to any professional negligence on the part of Dr. Harford and Quantum Imaging. 73. Dr. Harford and Quantum Imaging hereby plead all rights and defenses available under the Medical Care Availability and Reduction of Error Act. 74. Dr. Harford and Quantum Imaging hereby plead all rights and defenses available as set forth in Pennsylvania's Comparative Negligence Act, as amended. 75. Plaintiffs' claims for special damages may be reduced and/or limited by any collateral source of compensation and/or benefits received in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. DATE: MA LIS STEIN BY: ?- z c el M. B lows , Esquire PA Supreme Court ID No. 32646 Attorney for Defendants, Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Assoc. Inc. ?4---2-----L2 77 - YO -S"C-E . FAD.:r ecept ion ° 57 41-621-4 155 VERIFICATION '.-277 ?272/002 F-09-1- 1, Rhondey Harford, M.D., have read the foregoing Answer and New Matter to Plaintiffs Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: 2 20 ?- RHONDEY FORD .D. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of VAC ' 2012, and addressed as follows: Robin J. Marzella, Esq. Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 Thomas M. Chairs, Esq. Aaron S. Jayman, Esq. Dickie, McCamey & Chilcote, P.C. 425 North 21 st St. Camp Hill, PA 17011 MARGOLIS EDELSTEIN By: ja //( gel M. Gayman, S retary MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I. D. No. 32646 ' p ' MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 ' SEFk L iiD COUNTY Telephone: (717) 760-7500 r_ l l N 5 Y I-VA N I A Attorney for Defendants FAX: (717) 975-8124 Rhondey Harford, M.D. and E-mail: mbadowski@margolisedelstein.com Quantum Imaging and Therapeutic Assoc. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Julie Cori and Robert Cori, DOCKET NO. 11-7774 Plaintiffs CIVIL ACTION V. Holy Spirit Hospital, Rhondey Harford, JURY TRIAL DEMANDED M.D., and Quantum Imaging and Therapeutic Associates, Inc. Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please attach the enclosed Verification to the Answer and New Matter of Defendants, Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Associates, Inc., to Plaintiffs' Complaint which was filed on May 8, 2012. I DATE: t-, rL1 EDE S N%' BY: Michael M. Badowtk"K, Esquire PA Supreme Court ID No. 32646 Attorney for Defendants, Rhondey Harford, M.D. and Quantum Imaging and Therapeutic Assoc. Inc. VERIFICATION I, Elizabeth A. Bergey, M.D., have read the foregoing Answer and New Matter to Plaintiffs= Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. .•' B'r•pBERGEY.r,• Date: t' S •, PRESIDENT QUANTUM IMAGING i I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of " , -6 2012, and addressed as follows: Robin J. Marzella, Esq. Marzella & Associates, P.C. 3513 North Front St. Harrisburg, PA 17110 Thomas M. Chairs, Esq. Aaron S. Jayman, Esq. Dickie, McCamey & Chilcote, P.C. 425 North 21st St. Camp Hill, PA 17011 MARGOLIS EDELSTEIN Ange By: M. Gayman, ecretary R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 ,'•:J s i{ i?^? Ile jo Vii'; i• 'ERLA ko cou, z . F ` ? S Y LV , "NIA Attorneys for Plaintiff, Julie Corl and Robert Corl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Corl and Robert Corl, : Docket No. 11-7774 Civil Plaintiff V. Holy Spirit Hospital, Rhondey Harford, M.D., Quantum Imaging and Therapeutic Associates, Inc. Defendants : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT, RHONDEY HARFORD, M.D. AND QUANTUM IMAGING AND THERAPEUTIC ASSOCIATES, INC. NEW MATTER 66. Denied. It is specifically denied that the Plaintiff's Complaint fails to state a cause of action cognizable under Pennsylvania law against Dr. Harford and Quantum Imaging. 67. Denied. It is specifically denied the Plaintiff's claims may be barred by the statute of limitations and/or statute of repose. 68. Denied. It is specifically denied that at all times and for all purpose relevant to the events set for in the Plaintiff's Complaint, Dr. Harford acted appropriately and in a fashion commensurate with the standards of radiology care applicable under similar circumstances. 69. Denied. It is specifically denied that Dr. Harford in no way negligently or otherwise, caused or contributed to cause any injury or damage to the Plaintiff. It is further denied that Dr. Harford and Quantum Imaging are in no fashion liable to Plaintiffs. 70. Denied. It is specifically denied that the Plaintiff is contributorily negligent and/or assumed the risk of her injuries. 71. Denied. It is specifically denied the Plaintiff's injuries were the result of the acts or omissions of third persons other than Dr. Harford and Quantum Imaging and for whom Dr. Harford and Quantum Imaging are in no way liable or responsible. 72. Denied. It is specifically denied that the injuries sustained by the Plaintiff are a function of the natural progression of a disease process and not due to any professional negligence on the part of Dr. Harford and Quantum Imaging. 73. This paragraph requires no response. 74. This paragraph requires no response. 75. Denied. It is specifically denied that the Plaintiff's claims for special damages may be reduced and/or limited by any collateral source of compensation and/or benefits received in accordance with the Pennsylvania Supreme Court Decision in Moorehead v. Crozer Chester Medical Center. WHEREFORE, Plaintiff, Julie Corl and Robert Corl, respectfully request this Honorable Court to enter judgment in their favor and against the Moving Defendants and that Plaintiff be awarded appropriate costs, fees, and damages. Respectfully submitted, R. J A & ASSOCIATES, P.C. BY: ROBIN J. MARZC<LA, EsQuIRE ID No. 66856 DATED: o? ?? CERTIFICATE OF SERVICE 1, Katie L. Adam, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 24th day of May, 2012, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendants, Rhondey Harford, MD., and Quantum Imaging and Therapeutic Associates, INC. THOMAS CHAIRS, ESQ. AARON JAYMAN, ESQ. DICKEY MCCAMEY PLAZA 21, SUITE 302 425 NORTH 21ST STREET CAMP HILL, PA 17011-2223 Attorney for Defendant, Holy Spirit Hospital R. J. MARZELLA & ASSOCIATES, P.C. BY: C- -----.----- TIE L. A ,LAW CLERK TO ROBIN J. 96d - MARZELLA, ESQUIRE ( J, 14 PTA � R.J.MARZELLA&ASSOCIATES,P.C. s BY: Robin J.Marzella,Esquire'' Pennsylvania Supreme Court I.D.No.66856 `` YL`VIA r 1, 4 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff, Telephone: (717)234-7828 Julie Cori and Robert Cori Facsimile: (717)234-6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Julie Cori and Robert Cori Docket No. 11-7774 Civil 1545 New Bloomfield Road New Bloomfield, Pennsylvania 17o68 Plaintiff V. Holy Spirit Hospital 503 North 21st Street Camp Hill, Pennsylvania 17011 Rhondey Harford, M.D. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Quantum Imaging and Therapeutic Associates, Inc. 629-D Lowther Road Lewisberry, Pennsylvania 17339 Defendants JURYTRIAL DEMANDED PRAECIPE TO DISCONTINUE PURSUANT TO PA. R.C.P.229 TOTHE PROTHONOTARY, Cumberland COUNTY: Please mark the above-referenced action settled and discontinued, with prejudice as to all Defendants. R.J.MARZELLA&ASSOCIATES,P.C. ec u bmitted, By: Robin J. ar a, Esquire Supreme Court Identification No. 66856 Dated: