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HomeMy WebLinkAbout12-0078I RICHARD W. ILLES, SR., M.D Plaintiff V. DR. BARRY BEAVEN, ET AL, Defendant IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 0078 CIVIL ORDER OF COURT AND NOW, this 18TH day of JANUARY, 2012, based on the attached petition to proceed IN FORMA PAUPERIS, the request is GRANTED and RICHARD W. ILLES, SR., may proceed without payment of the costs. By t t, Edward E. Guido, J. RICHARD W. ILLES, SR. FS-5769, F/B 10745 RT. 18 ALBION, PA 16475 sld Cep,rs Ma, 1"t t fAx ell- C? -t ?r; CK) ?-- INS ,'"E V '? . }} M C7 Y f' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy •r 'l? „ _Tr Richard W Stewart Solicitor Richard W. Illes, Sr. vs. Barry Beaven, M.D. (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-78 02/02/2012 11:00 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sheila McGinnis, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of t e me. WI IAM CLINE, DEPUTY 02/02/2012 11:00 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Colleen Newfield, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 02/0212012 10:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christian Kcomt, MD, by making known unto Mike Bell, Supervisor Assistant for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of th same. WILLIAM CLINE, DEPUTY 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David Underwood, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David Underwood, MD. The Pennsylvania Department of Corrections has advised, David Underwood, MD no longer works for The Department of Corrections. 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Barry Beaven, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Barry Beaven, MD. The Pennsylvania Department of Corrections has advised, Barry Beaven, MD no longer works for The Department of Corrections. (c`. GowtiySulte S?e;?i*t. i=leas;?t. Ir,:.. s?er?l=F ?os-f- : ? t) .U6 February 03, 2012 SO ANSWERS, a RON R ANDERSON, SHERIFF MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. V. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD Attorneys for: Defendant, f Dr. Christian Kcomt COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 12-0078 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of defendant, Dr. Christian Kcomt, with regard to the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMANA GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE:_ February 10, 2010 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. V. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD Attorneys for: Defendant, Dr. Christian Kcomt COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 12-0078 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Richard W. Illes, Sr., M.D., FS-5769, F/B 48 10745 Rt. 18 Albion, PA 16476 Pro Se Pursuant to the Pennsylvania Rule of Civil Procedure 1042.7, we 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 We are serving this notice on behalf of Defendant, Dr. Christian Kcomt. The Judgment of Non Pros will be entered as to Counts Two and Three of the Complaint. MARSHALL, DENN HEY, WARNER, COLEMA GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE: February 10, 2010 A I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendant, Dr. Christian Kcomt RICHARD W. ILLES, SR., M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD CIVIL ACTION NO. 12-0078 CERTIFICATE OF SERVICE I hereby certify that I served upon all persons on the date listed below a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim of Defendant, Dr. Christian Kcomt, in the above-captioned matter: Richard W. Illes, Sr., M.D. FS-5769, F/B 48 10745 Rt. 18 Albion, PA 16476 Pro Se By JONATHAN W. BRA BARD DATE: February 10, 2012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C-) (= w C= rm W -? -Z-n 2 X CO rz o' :ZCD C) Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. . Dr. Barry Beaven, et. al. Civil Law-Medical :Malpractice Defendants MOTION TO EXTEND TIME TO FILE CERTIFICATE OF MERIT NOW, comes the Plaintiff, Richard W. Illes, Sr., M.D., pro se Plaintiff in the above captioned action, to request an extension to file the Certificate of Merit for Defendants Beaven and Underwood pursuant to Pa.R.C.P. 1042.3(d): 1. The Sheriff has not been able to serve Defendants Dr. Barry Beaven and Dr. David Underwood and has filed a no service return. 2. Drs. Beaven and Underwood no longer work for the Department of Corrections, where they were employed when the alleged facts of the action occurred, and they did not provide a new address for service. 3. The Plaintiff is currently making a diligent search for the Defendants' current addresses in order to serve them with the Complaint. Wherefore, the Plaintiff requests an extension of 60 days to file the Certificate of Merit with regard to Drs. Underwood and Beaven. VERIFICATION I, Richard W. Illes, Sr., M.D., do hereby certify that the facts asserted in the above motion are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904. /?iGjdG'G FS-5769, F/B 10745 Rt. 18 Ric and W. Illes, Sr., M.D. Albion, PA 16475 Date• /?/1 Illes V. Beaven, et. al. CERTIFICATE OF SERVICE I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. Colleen Newfield, PAC Sheila McGinnis, PAC 1845 Walnut St. SCI-Camp Hill SC:C-Camp Hill Philadelphia, PA 19103 2500 Lisburn Rd. 2500 Lisburn Rd. Camp Hill, PA 17011 Camp Hill, PA 17011 For Dr, court Attorney not designated Attorney not designated Ric and W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: Zzzih7' IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Civil Law-Medical Malpractice Defendants PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the attached copies of the Complaint in the above captioned action pursuant to Pa.R.C.P. Rule 401, for Defendants Beaven and Underwood, neither of whom could be served by the Sheriff within 30 days of the filing of the original Complaint. By: r ZM tit r- ,? Richard W. Illes, Sr./ M.D. - ?C - Pro Se Plaintiff P" C- n ) r FS-5769, F/B ZC) ' 10745 Rt. la p N r; Albion, PA 16475 Date z /x Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard V. Illes, Sr., M.D. Plaintiff V. Dr. Barry Beaven, et. al. Defendants No. 12-0078 Civil Action-Medical Malpractice Certificate of Merit as to Dr. Christian Rcomt (Name of Defendant) I, Richard W. Illes, Sr., M.D. certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. /? Date: ?? 2- //J At orney or arty) e? c cts ?, CD -n N N C3'Y 1. -; t _, CD --t C:?. C-5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Richard W. Illes, Sr., M.D. Plaintiff V. Dr. Barry Beaven, et. al. Defendants No. 12-0078 Civil Action-Medical Malpractice Certificate of Merit as to Colleen Newfield, PAC (Name of Defendant) 1, Richard W. Illes, Sr., M.D. , certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. Date: (Attorney or Party) rnm - ?.. Z M P?'I CO ,- 7 rr cn -<> rv .., _7.? i-_. no t r ? '? JJY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. Plaintiff v. Dr. Barry Beaven, et. al. Defendants No. 12-0073 Civil Action-Medical Malpractice Certificate of Merit as to Sheila McGinnis, PAC (Name of Defendant) I, Richard W. Illes, Sr., M.D. certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. Date: Z -?"?-- (Attorney or Party) ? r-n m N - =M rn <C) - -T, )> i, a I?,- DO't 8 C?v?l lernl. Illes V. Beaven, et. al. CERTIFICATE OF SERVICE C7 rv r..? rnev -n CO -o r; ee C 3=? N rte' r- -ate; cry '-' I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. 1845 Walnut St. Philadelphia, PA 19103 Date: Colleen Newfield, PAC Attorney {or Dr. Kcomt Richa d W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated N.B.-Attorney and address for Defendants Beaven and Underwood not currently known. f PAPH No. 8870 STRACHAN & HATZELL BY: JOHN J. HATZELL, JR., ESQUIRE Attorney ID No. 38548 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6400 / (215) 933-3207 Fax John. Hatzell(%?C;hartislnsurance.com Attorney for Defendants Colleen Newfield, PAC And Sheila McGinnis, PAC t .i HE E'FOTHOJIND r 2012 MAR - I PM 2: 17 CUMBERLAND COUNTY PENNSYLVANIA RICHARD W. ILLES, SR., M.D. v. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA McGINNIS, PAC and DR. DAVID UNDERWOOD TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 12-0078 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the defendants, Colleen Newfield, PAC and Sheila McGinnis, PAC, only, in the above-captioned action. STRACHAN & HATZELL K By: 'QL"'4 R". HATZELL, JR. PAPH No. 8870 STRACHAN & HATZELL BY: JOHN J. HATZELL, JR., ESQUIRE Attorney ID No. 38548 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6400 / (215) 933-3207 Fax .John. Hatzell(dChartislnsurance.co?n Attorney for Defendants Colleen Newfield, PAC And Sheila McGinnis, PAC RICHARD W. ILLES, SR., M.D. V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA McGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CERTIFICATE OF SERVICE STRACHAN & HATZELL By: JO N .HATZELL, J I hereby certify that a true and correct copy of the foregoing entry of appearance was served on the following individuals by US mail: Richard W. Illes, Sr., MD Frederic Roller, Esquire FS-5769, F/13-48 Jonathan W. Bradbard, Esquire 10745 Route 18 MARSHALL DENNEHEY, ET AL Albion, PA 16475 1845 Walnut Street Pro Se Philadelphia, PA 19103 Attorneys for Dr. Christian Keomt RICHARD W. ILLES, SR., M.D., Plaintiff V. DR. BARRY BEAVEN, ET. AL. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 0078 CIVIL ORDER OF COURT AND NOW, this 29TH day of FEBRUARY, 2012, it appearing that no good cause is alleged in the motion, Plaintiff's request to extend the time to file the certificate of merit with regard to Defendant Beaven and Defendant Underwood is DENIED. l?X-the"Cou^ rtEdward E. Guido, J. Richard W. Illes, Sr., M.D. FS-5769, F/B 10745 Rt. 18 Albion, Pa. 16475 Frederick Roller, Esquire 1845 Walnut Street Phila., Pa. 19103 Colleen Newfield, PAC SCI Camp Hill 2500 Lisburn Rd. Camp Hill, Pa. 17011 Sheila McGinnis, PAC SCI Camp Hill 2500 Lisburn Rd. Camp Hill, Pa. 17011 ? p C rrn ?rn a' r?s N ?s N iv w r? CD -1CD (`} Ti CD _,. r.. )ex"t MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. (°) r.a • M Attorneys for: Defendant, 1 Dr. Christian Kcomt - 7 c.a COURT OF COMMON PLEAS CUMBERLAND COUNTY V. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD CIVIL ACTION NO. 12-0078 PRAECIPE TO FILE NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO THE PROTHONOTARY: Kindly file the attached Notice of Removal to the United States District Court for the Middle District of Pennsylvania in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By ,.? DERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE: March 1, 2012 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendant, Dr. Christian Kcomt RICHARD W. ILLES, SR., M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. DR. BARRY BEAVEN and CIVIL ACTION DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 CERTIFICATE OF SERVICE I hereby certify that I served upon all persons on the date listed below a true and correct copy of the Praecipe to File Notice of Removal, in the above-captioned matter: Richard W. Illes, Sr., M.D. FS-5769, F/B 48 10745 Rt. 18 Albion, PA 16476 Pro Se Dr. Barry Beaven Medical Director SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 Dr. David Underwood Medical Director SCI-Camp Hill 2500 :Lisburn Road Camp Hill, PA 17011 John J. Hatzell, Jr., Esquire Strachan & Hatzell One Liberty Place - Suite 4100 1650 Market Street Philadelphia, PA 19103 sy tj • JONATHAN W. BRADBA D DATE: March 1, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD ILLES, SR., M.D. - FS-5769 V. DR. CHRISTIAN KCOMT, et al. NO. NOTICE OF REMOVAL OF DEFENDANT, DR. CHRISTIAN KCOMT Defendant, Dr. Christian Kcomt, ("Dr. Kcomt"), having received notice of a civil action complaint filed against him as captioned above in the Cumberland County Court of Common Pleas, Docket No. 12-0078, hereby petitions this Honorable Court for Removal of the Civil Action from the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District of Pennsylvania and in support of this Notice of Removal, avers the following: 1. On January 9, 2012 Plaintiff, Richard Illes, Sr., M.D., FS-5769, an inmate currently incarcerated at SCI-Albion commenced an action by way of filing a Complaint against Dr. Kcomt, among other named defendants, in the Court of Common Pleas of Cumberland County Pennsylvania, alleging, inter alia, an action under 42 U.S.C. § 1983 for Deliberate Indifference. (A true and correct copy of Plaintiffs Complaint is attached hereto as "Exhibit A") 2. Plaintiffs effectuated service upon Dr. Kcomt on February 2, 2012. 3. This Notice of Removal has been timely filed within thirty (30) days after notice of the Plaintiffs Complaint. 4. This case is removable from the State Court to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. §§1441(b) as it contains allegations of a violation of Plaintiffs Civil Rights under 42 U.S.C. § 1983. This Court has supplemental jurisdiction over the remaining causes of action in the Complaint as they arise out of the same alleged conduct by the named Defendants. See 28 U.S.C. § 1367. 6. Co-defendants, Sheila McGinnis, PA-C and Colleen Newfield, PA-C, through their counsel, John Hatzell, Esquire, consent to the Removal of this action. 7. The remaining co-Defendants and Plaintiff have been provided with written notice of the filing of this Notice of Removal in accordance with 28 U.S.C. § 1446(d), as noted in the Certificate of Service attached hereto. Promptly after the filing of this Notice of Removal in this Honorable Court and the assignment of a Civil Action number, a Notice of Removal will be filed with the Court of Common pleas of Cumberland County, Pennsylvania, in accordance with 28 U.S.C. §1446(d). 9. Copies of all process, pleadings and orders served upon Dr. Kcomt are attached hereto and contained with Exhibit A in accordance with 28 U.S.C. 1446(a). WHEREFORE, Defendant, Dr. Christian Kcomt, requests that this Honorable Court remove this action from the Court of Common pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Pennsylvania. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 03/01/12 BY: S/ Brigid Q. Alford BRIGID Q. ALFORD, ESQUIRE I.D. No. 38590 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3710 Attorneys for Defendant Dr. Christian Kcomt IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. IA- 6618 ?11Vi? term Plaintiff V. Dt. Barry Beaven, et. al. Civil Action-Medical Liability Defendants Action PETITION TO PROCEED IN FORMA PAUPERIS l lhard W. Illes, Sr., M.D. states under the penalties provided by 18 a.C.S. § 4404 (unsworn falsification to authorities) that: 1. I am the plaintiff in the above action and because of my financial con4ition am unable to pay the following fee and costs: Filing fees Sheriff's fees for service r 2. My responses to the questions below relating to my ability to pay the the,fees and costs of prosecuting this action are true and correct. (a) I am presently employed by the Department of Corrections at SCI-Albion, 10745 Rt. 18, Albion, PA, 16475, for about $16.00per month. (b) I have not received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of ?ent payments, interest, dividends, pensions, annuities, social security ben0fits, support payments or other source. I do occasionally receive gifts but they are unpredictable and unreliable and vary in amount. C7 ,.a C © .n (c) I do not own any checking or savings accounts. -03 N --i rn a rn,, (d) I do not own any real estate, stocks, bonds, notes, automobi? r :z -0 or other valuable property. ,? :0 r Z -4 C:) (e) No one is dependant on me. DC3 32. zoo ? o c) (f) My debts are as follows: Outstanding contractual debts, legJi5ebts, -+rn and 'credit card debts of about $100,000. Cost of prosecution of abut !M 4'PO. Contract obligations of $500,000. Monthly toiletries, legal copying fee4, legal phone calls, postage, and miscellaneous costs from $35.00 to $60;00 per month. (g) My inmate account currently has about $-;tam - in it. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (miodemeanor of the second degree). Date: I E A AFFIDAVIT OF WAGES OF RICHARD W. ILLES, SR., M.D. I: hereby attest that the following information regarding my , wages are true and correct to the best of my information, knowledge and belief, and that the accompanying Petition to Proceed In Forma Pauperis is true and accurate. L. I am employed by the Department of Corrections at SCI-Albion, 10745 Rt. 18, Albion, PA, 16475 for about $16.00/month. 2. I have not received any income from any business, profession, other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments, or other sources in the last 12 months. 3i. I do not own any checking or savings accounts, real estate, stocks, bonds, notes, automobiles, or other valuable property. 4:. My inmate account currently has about $16.00 in it. This affidavit is made under the penalties of 18 Pa.C.S. § 4904 related to unsworn falsification to authorities. Subscribed to on the 5th day of January, 2012, at SCI-Albion, Albion, PA. By: Rich rd W. Illes, Sr., M.D. Pro Se Plaintiff January 5, 2012 FILED-OFF CE OF THE PROTHONOTARY 2012 JAN -9 AM 11 -- 13 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF CONWN PLBAS, COMBEgLAND COUM, PENNSYLVANIA Rtchard W. Illes, Sr., K.D. No. ma - jLor* F?-5769, F/B-48 10745 Rt. 18 Albion, PA 16475 Plaintiff V. Dr. Barry Beaven Medical Director SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 Dr. Christian Kcamt Sol-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 a Colleen Newfield, PAC SCI-Camp Hill 2500 Lisburn Road Carp Hill, PA 17011 Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 6 . Dr . David:,underwood SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 Defendants Civil Action-Medical Professional Liability Action Jury Trial Demanded COMPLAINT B*C[GRODND: 1. Plaintiff Richard W. Illes, Sr., M.D., is an inmate at SCI-Albion, FS-5769, F/B, 10745 Rt. 18, Albion, PA, 16475. 2. Defendant Dr. Barry Beaven was a Prison Health System (PHS) physician, and Medical Director of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 3. Defendant Dr. David Underwood was a PHS physician on the staff of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 4. Defendant Dr. Christian Kcomt was a PHS physician on the staff of SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 5, Defendant Colleen Newfield, PAC, was a physician's assistant on staff at SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all times relevant to this case. 6. Defendant Sheila McGinnis, PAC, was a physician's assistant on staff at SCI-Camp Hill, 2520 Lisburn Road, Camp Hill, PA, 17011, at all time relevant to this case. 7. Plaintiff was transferred to, and housed at, SCI-Camp Hill, from August 5, 2010 to August 31, 2010, to appear, pro se, at a hearing in the U.S. District Court for the Middle District of Pennsylvania in Harrisburg, PA. 8, Plaintiff had a diagnosis and long history of severe degenerative joint disease for over 20 years, that required a cervical spine fusion surgery at two levels, knee surgery, wrist surgery, and multiple steroid injections of his shoulders, upon transfer to SCI-Camp Hill; and had been diagnosed with chronic pain syndrome, neuropathic pain (pain from damaged nerves), and chronic radiculopathy (pain from nerve root damage), upon his transfer to SCI-Camp Hill, that had been effectively treated with Celebrex (a special COX-2 anti-inflam- matory agent) and Ultram (a narcotic agent effective in neuropathic pain syndrome), because all other Department of Corrections (DOC) medications had proven to be ineffective at controlling his pain, or had dangerous side effects. 9. Plaintiff had a diagnosis and long history, upon transfer to 2 SCI-Camp Hill, of severe refractory depression, and an almost successful suicide attempt, that was being controlled by Lexapro, (a special non-formulary anti-depressant agent), because all other anti-depressants available in the DOC had been found to be ineffective, and/or, produced dangerous side-effects in the Plaintiff that precluded their use. 1:0. Plaintiff had been informed by Dr. Peter Longstreet, a psychiatrist at SCI- Albion, most familiar with his case, that he should take Lexapro for life. 11. Plaintiff was diagnosed in the months prior to his transfer to SCI-Camp Hill, with lower back pain and sciatica that was ultimately shown by MRI to be caused by a ruptured disc between the fifth lumbar disc and the first sacral disc that was impinging on his spinal cord, spinal stenosis of the lumbar spinal canal, and foraminal stenosis at multiple levels of his lumbar spine. 12. SCI-Albion and SCI-Camp Hill are both supplied their medications by the same vendor: Diamond Pharmacy Services, 645 Kolter Drive, Indiana, PA, 15701. 13. Ultram, Celebrex, and Lexapro are all non-formulary, special order medications that required the Plaintiff's treating physicians at SCI-Albion to fill out special approval forms that stated that these special medications were absolutely necessary for Plaintiff, and that all other formulary medications could not be used because of their ineffectiveness and/or serious side-effects. 14. Plaintiff had a history of peptic ulcer disease, gastritis, and gastro-esophageal reflux disease that was exacerbated by all other formulary anti-inflammatory medications, and their use could lead to significant pain and the risk of life-threatening gastro-intestinal bleeding if used. 15. Plaintiff's psychiatrist a SCI-Albion had increased his dose of Lexapro just weeks before his transfer to SCI-Camp Hill because of worsening depression. COUNT ONE FAILURE TO PROPERLY EVALUATE, DIAGNOSE AND TREAT SEVERE, CHRONIC PAIN BY DEFENDANTS BEAVEN, UNDERWOOD, NEWFIELD AND MCGINNIS 16. Paragraphs 1-15 are hereby incorporated herein. 3 17. On August 6, 2010 Plaintiff was seen in control at SCI-Camp Hill by PA McGinnis, who discontinued the Ultram and Celebrex that Plaintiff had been on for years for his multiple painful conditions. 18. Plaintiff informed PA McGinnis of the multiple painful medical conditions specified in 4's 8, 11, and 14 that required the use of these medications. 19. PA McGinnis did not perform any physical examination of the Plaintiff, did not review his extensive medical records, and did not consult with Plaintiff's regular treating physicians prior to discontinuing the Ultram and Celebrex. 20. PA McGinnis did not order any substitute pain medication for Plaintiff. 21. Dr. Underwood supervised PA McGinnis and co-signed her orders to discontinue Plaintiff's Ultam and Celebrex. 22. Dr. Underwood never interviewed or examined Plaintiff, never reviewed Plaintiff's extensive medical records, or consulted with Plaintiff's regular treating physicians before approving PA McGinnis' orders. 23. Plaintiff had markedly increased severe pain in his back, neck, leg and shoulders due to the discontinuation of his pain medications. 24. Plaintiff was not able to participate in recreation because of his pain. 25. Plaintiff was not able to get dressed and have his bed made in time, (as required by block rules), for many meals because of his pain, and was therefore denied many meals resulting in a weight loss of about 14 pounds (8'% of body weight) during his 26 days at SCI-Camp Hill. 26. Plaintiff was unable to achieve restful sleep due to his constant and severe pain. 27. Plaintiff experienced a severe increase in his depression due to being in constant severe pain. 28. Plaintiff had a recurrance of his gastritis/PUD due to increased stress of constant pain. 29. Plaintiff placed multiple sick call requests for his pain medications and 4 was informed by PA Newfield on August 12, 2010 and August 19, 2010 that his Ultram and Celebrex would not be ordered. 30. Plaintiff's request for some other narcotic pain medication, steroid injections, or to see a physician were denied by PA Newfield on August 12th and 19th, 2010. 31. Plaintiff informed Dr. Beaven, the Medical Director of SCI-Camp Hill, in writing of his severe pain and requested, again, that the Ultram and Celebrex that he had been prescribed be ordered August 11, 2010, and he advised Plaintiff to place sick call slips which resulted in the visits noted above in 4's 29, and 30. 32. Dr. Beaven, as Medical Director, is responsible for the supervision of all PA's and physicians in his department and for designing and implimenting treatment policies for his department. 33. On August 30, 2010, Plaintiff was to be seen again by PA McGinnis for sick call, but was on the toilet at the time and PA McGinnis refused to see Plaintiff on that date because he was not at his cell door when she came to see him. 34. Defendants had a duty and obligation to Plaintiff as their patient to provide appropriate medical evaluation and care. 35. When Defendants failed to do a physical examination on Plaintiff, prior to initiating medical care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 36. Whin- Defendants failed to review the medical records of Plaintiff prior to initiating care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 37. When Defendants failed to consult with Plaintiff's regular treating physicians prior to initiating care, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 38. When Defendants stopped the pain medication of Plaintiff without providing safe, effective alternative medications that would effectively control his 5 severe pain they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 39. When Defendants refused other potentially effective medications and procedures to control Plaintiff's severe pain, they deviated from common sense, and the standard of medical care and were grossly negligent and reckless. 40. The actions of the Defendants are the proximate cause of the Plaintiff's severe pain and suffering, increased depression, recurrance of gastritis/PUD, severe hunger and weight loss, and mental anguish. 41. When Plaintiff returned to SCI-Albion, his usual treating physicians, who are members of the same PHS and DOC, immediately placed him back on Ultram and Celebrex. 42. Defendants acted with wanton and reckless disregard for the best interests of their patient, the Plaintiff. 43. Defendants intentionally interferred with treatment prescribed by physicians that were most familiar with the Plaintiff's medical problems without adequate evaluation and the resulting consequences, as indicated in 9's 23-28, were easily foreseable given the Plaintiff's medical problems. 44. Defendants McGinnis, Newfield, Underwood and Beaven are licensed professionals with offices in Cumberland County, Pennsylvania, and Plaintiff is asserting a professional liability claim against them. WHEREFORE, Plaintiff demands $100,000 from each Defendant in compensation for the severe pain and suffering, increased depression, recurrance of gastritis/PUD, severe hunger and weight loss, and mental anguish that he experienced due to their negligence. Plaintiff further demands $200,000 from each Defendant because of gross negligence, the infliction of wanton and unnecessary pain and suffering, and reckless and deliberate indifference to the health care needs of the Plaintiff. 6 Cam TWO FAILURE TO ADEQUATELY EVALUATE, DIAMOSE, AMID TREAT SEVERE DEPRE<SSIOU, BY DEFENDANT KCOMT 45. Paragraphs 1-15 are hereby incorporated herein. 46. Defendant discontinued Plaintiff's anti-depressant medication, Lexapro, which is the only anti-depressant medication that proved effective in Plaintiff and did not have serious side-effects that precluded its use. 47. Defendant did not examine, or interview, Plaintiff prior to his Lexapro being discontinued. 48. Defendant did not review extensive psychiatric records of Plaintiff, or consult with his regular treating psychiatrist, prior to stopping his Lexapro. 49. Plaintiff informed Defendant Kcomt of his history of suicide attempt, severe refractory depression, and multiple adverse effects of all other formulary anti-depressant medications which included inability to urinate, hallucinations, disorientation, headaches, dizziness, and increased depression. 50. Plaintiff suffered increased depression, anxiety, headaches, lethargy, insomnia, increased degenerative joint disease and neuropathic pain when Lexapro was discontinued. 51. Abrupt discontinuation of Lexapro is not recommended by the Physician's Desk Reference, 63rd Edition, 2009, due to the recognized adverse effects experienced by Plaintiff as noted in 4 50. 52. Severe depression is a debilitating disease that effects the physical and emotional well-being of a person. 53. Plaintiff made multiple requests for Lexapro, but Dr. Kcomt refused to order it. 54. Dr. Kcomt had a duty and obligation to Plaintiff as his patient to provide appropriate psychiatric evaluation and treatment. 55. When Defendant Kcomt stopped Plaintiff's Lexapro without examining him, reviewing his extensive psychiatric records, or consulting with his regular 7 treating psychiatrist, he deviated from common sense, and the standard of care and was grossly negligent and reckless. 56. Dr. Kcomt's actions were the proximate cause of the Plaintiff's problems listed in 9 50. 57. Dr. Kcomt's actions placed Plaintiff at great risk of death from depression induced suicide. 58. Plaintiff's pain and suffering, and risk of suicide, are easily foreseable consequences of the discontinuation of his Lexapro, and Dr. Kcomt's actions show a reckless disregard of the risk of substantial harm to the Plaintiff. 59. Dr. Kcomt's actions show a deliberate, reckless and wanton disregard for the well-being of his patient, the Plaintiff. 60. Dr. Kcomt deliberately interferred with the treatment prescribed by a psychiatrist who was most familiar with his psychiatric problems, when he stopped his Lexapro. 61. When Plaintiff returned to SCI-Albion, he was immediately placed back on Lexapro, by his usual treating psychiatrist who is a member of the same PHS and DOC, as Defendant Kcomt. 62. Defendant Kcomt is a licensed professional with offices in Cumberland County, Pennsylvania, and Plaintiff is asserting a professional liability claim against him. WHEREFORE, Plaintiff demands $100,000 from Dr. Kcomt as compensation for his pain and suffering, mental anquish, increased depression, and risk of death from suicide. Plaintiff further demands $200,000 from Dr. Kccmt in punitive damages for gross negligence, wanton and reckless unnecessary infliction of pain and suffering and deliberate indifference to the health care needs of the Plaintiff. 8 VIOLATION OF CONFIDENTIALITY BY DEFENDANTS KOOiMT, NEWFIELD AND HEAVEN 63. Paragraphs 1-62 are hereby incorporated herein. 64. Defendant Kc:omt came to the cell door of Plaintiff to discuss his history of suicide attempt, depression and the need for anti-depressants. 65. Defendant Newfield came to cell door of Plaintiff to discuss his medical history, and problems, of arthritis, sciatica, neck pain, back pain and his need to have narcotics to control his pain. 66. Plaintiff had a cell mate, and inmates in adjoining cells, who could hear the privileged conversation between Plaintiff and Defendants Kcomt and Newfield. 67. Plaintiff requested privacy to discuss his medical and psychiatric problems, but was told by Defendants Kcomt and Newfield that he must discuss his problems at the cell door, or he would not receive any medical care. 68. Inmates who do not follow the orders of staff are subject to disciplinary action, therefore Defendants forced Plaintiff to discuss his medical problems at the cell door. 69. Plaintiff's cell mate and inmates in surrounding cells heard the entire privileged converstations between Plaintiff and Defendants Kcomt and Newfield. 70. Plaintiff was subjected to ridicule, embarrassment and humiliation by other inmates who overheard the privileged conversations between Plaintiff and Defendants Kcomt and Newfield. '71. Defendants Kcomt and Newfield deliberately violated federal and state statutes regarding confidentiality of medical and psychiatric information and privacy and violated ethical codes of their professions by doing so. "72. Dr.. Beaven, as Medical Director, is responsible for implimenting department policies and supervision of all staff members in his department. 73. Defendants Kcomt, Beaven and Newfield are licensed professionals with offices in Cumberland County, Pennsylvania and Plaintiff is asserting a professional liability claim against them. WMMFORE, Plaintiff demands $100,000 from each Defendant for 9 violations of medical and psychiatric confidentiality and privacy and the resulting ridicule, embarrassment and humiliation suffered by Plaintiff. Plaintiff further demands $100,000 in punitive damages for these violations of confidentiality and privicy. DELIBERATE INDIFFERENCE TO SERIOUS MEDICAL OGMITIONS AMID THE INFLICTION OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGEM AMENDMENT OF THE UNITED STATES CONSTITUTION AND 42 U.S.C. §1983 BY DEFENDANTS MOGINNIS, NEW WELD, RCOMr, UNDERWOOD, AND BEAVEN 74. Paragraphs 1-73 are hereby incorporated herein. 75. Defendants acted under the color of state at all times relevant to this action for the purpose of this Count. 76. All. Defendants deliberately interfered with treatments prescribed by physicians most familiar with Plaintiff's medical and psychiatric conditions. 77. Defendants knew, or had an obligation to know, that their actions were in violation of the Eighth Amendment and §1983. 78. Defendants acted with wanton disregard for the well being and health care needs of the Plaintiff and the pain and suffering that resulted from their actions were clearly foreseable. 79. Defendants acted with deliberate indifference to the pain and suffering of the Plaintiff. 80. Plaintiff exhausted his administrative remedies regarding this issue as required by the Prison Litigation Reduction Act. WHEREFORE, Plaintiff demands $130,000 compensation for pain and suffering and $1 million in punitive damages. 81. Plaintiff is still litigating, pro se, his case in federal court in Harrisburg, Pennsylvania. 82. Further hearings and a trial are inevitable in federal court since 10 negotiations for a settlement between Plaintiff and the defendants in that case have proven unsuccessful. 83. Plaintiff will need to be housed at SCI-Camp Hill for these additional proceedings in federal court in Harrisburg, Pennsylvania. 84. Plaintiff will again be subjected to the same negligent medical care and violations of his Eighth Amendment and §1983 rights upon return to SCI- Camp Hill. 85. Irreparable harm, pain and suffering will result unless this Court issues a temporary injunction against Defendants prohibiting them from withholding his prescribed pain and anti-depressant medications. WHERFX10RE, Plaintiff requests that this Honorable Court enter an order restraining Defendants from not giving Plaintiff his prescribed medications whenever he is housed at SCI-Camp Hill. RELIEF' REQUESTED 1. Monetary compensation is demanded in the following amounts: A. Count One: i. Compensatory damages of $100,000 for pain and suffering, mental anguish, hunger, increased depression, weight loss, and the recurrance of gastritis/PUD, from each Defendant. ii. Punitive damages of $200,000 from each Defendant for gross negligence, the infliction of wanton and unnecessary pain and suffering, and reckless and deliberate indifference to the health care needs of the Plaintiff. iii. This amount exceeds the jurisdictional amount for mandatory arbitration. B. Count Tao: i. Compensatory damages of $100,000 for pain and suffering, mental anguish, increased depression, and risk of death from suicide from Kcomt. ii. Punitive damages of $200,000 for gross negligence, wanton and unnecessary infliction of pain and suffering and deliberate indifference to the Plaintiff's health care needs by Kcomt. 11 iii. This amount exceeds the jurisdictional amount for mandatory arbitration. C. Count Three: i. Compensatory damages of $100,000 from each Defendant for violations of medical and psychiatric confidentiality and privacy and the resulting ridicule, embarrassment and humiliation suffered by the Plaintiff. ii. Punitive damages of $100,000. iii. This amount exceeds the jurisdiction amount for mandatory arbitration. D. Count Four: i. Compensatory damages of $130,000 for pain and suffering from the Defendants. ii. Punitive damages of $1 million from Defendants. iii. This amount exceeds the juridiction amount for mandatory arbitration. E. Costs and Fees: Plaintiff requests all court costs, attorney fees and expenses related to the prosecution of this case in court. 2. Injunctive Relief: Plaintiff requests an order restraining Defendants from not providing him with his prescribed medications when he is housed at SCI-Camp Hill for court proceedings. VERIFICATION The facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Richard W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion,, PA 164 5 Date: I RICHARD W. ILLES, SR., M.D. Plaintiff V. DR. BARRY BEAVEN, ET AL, Defendant IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -- 0078 CIVIL ORDER OF COURT % AND NOW, this 18TH day of JANUARY, 2012, based on the attached petition to proceed IN FORMA PAUPERIS, the request is GRANTED and RICHARD W. ILLES, SR., may proceed without payment of the costs. By t t, Edward E. Guido, J ? RICHARD W. ILLES, SR. FS-5769, F/B 10745 RT. 18 ALBION, PA 16475 : sld f?T ?,CS At., I'd ,e/L L x ?z '"Uri :eta .4.t. r CO ?-7 t -10 ?G "O V?1 v c') a ?- LO ?C-L N ye, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 00p1R, of LU0110. /ind r OFFICE F'NE 6FeF.HIrf Fr' 7 Fl l: rit - ll], Gi.: 1Ji41 1 Richard W. Illes, Sr. I Case Number vs. Barry Beaven, M.D. (et al.) 2012-78 SHERIFF'S RETURN OF SERVICE 02/02/2012 11:00 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sheila McGinnis, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of t e me. WI IAM CLINE, DEPUTY 02/02/2012 11.00 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Colleen Newfield, PAC, by making known unto Natalie Sykes, Program Manager for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 02/02/2012 10:45 AM - William Cline, Corporal, who being duly sworn according to law, states that on February 2, 2012 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christian Kcomt, MD, by making known unto Mike Bell, Supervisor Assistant for SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct c;opy of th same. WILLIAM CLINE, DEPUTY 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David Underwood, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David Underwood, MD. The Pennsylvania Department of Corrections has advised, David Underwood, MD no longer works for The Department of Corrections. 02/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Barry Beaven, MD, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Barry Beaven, MD. The Pennsylvania Department of Corrections has advised, Barry Beaven, MD no longer works for The Department of Corrections. c; counrv5uae 5ren1l I e:-so-,j. u•:. 5?er Cost : D ,vQ SO ANSWERS, February 03, 2012 RON R ANDERSON, SHERIFF ill 0111-vS:uie Sh'.":l ,f..-: utl "C' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. V. -70 nJ : .t _ _. -;. .. <. - : T`- N Attorneys for: Defendant, Dr. Christian Kcomt COURT OF COMMON PLEAS CUMBERLAND COUNTY DR. BARRY BEAVEN and CIVIL ACTION DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances on behalf of defendant, Dr. Christian Kcomt, with regard to the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMANA- GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE:_ February ] 0, 2010 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 Attorneys for: Defendant, Dr. Christian Kcomt RICHARD W. ILLES, SR., M.D. -D COURT OF COMMON PLEAS CUMBERLAND COUNTY v. DR. BARRY BEAVEN and DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD CIVIL ACTION NO. 12-0078 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM TO: Richard W. Illes, Sr., M.D., FS-5769, FB 48 10745 Rt. 18 Albion, PA 16476 Pro Se Pursuant to the Pennsylvania Rule of Civil Procedure 1042.7, we 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 We are serving this notice on behalf of Defendant, Dr. Christian Kcomt. The Judgment of Non Pros will be entered as to Counts Two and Three of the Complaint. MARSHALL, DENN HEY, WARNER, COLEMA GOGGIN By FREDERIC ROLLER JONATHAN W. BRADBARD Attorneys for Defendant, Dr. Christian Kcomt DATE: February 10, 2010 A I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Frederic Roller / Jonathan W. Bradbard Identification Nos. 65513 / 205668 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2770 / (215) 575-2881 RICHARD W. ILLES, SR., M.D. v Attorneys for: Defendant, Dr. Christian Kcomt COURT OF COMMON PLEAS CUMBERLAND COUNTY DR. BARRY BEAVEN and CIVIL ACTION DR. CHRISTIAN KCOMT and COLLEEN NEWFIELD, PAC and SHEILA MCGINNIS, PAC and DR. DAVID UNDERWOOD NO. 12-0078 CERTIFICATE OF SERVICE 1 hereby certify that I served upon all persons on the date listed below a true and correct copy of the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim of Defendant, Dr. Christian Kcomt, in the above-captioned matter: Richard W. Illes, Sr., M.D. FS-5769, FB 48 10745 Rt. 18 Albion, PA 16476 Pro Se ??Vl By JONATHAN W. BRA BARD DATE:_ February 10, 2012 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n N x m i - W r Wr -< N c) CQ - a z ' ti D? W y Q =7 Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. - Dr. Barry Beaven, et. al. Civil Lary-Medical Malpractice Defendants MOTION TO EXTEND TIME TO FILE CERTIFICATE OF MERIT NOW, comes the Plaintiff, Richard W. Illes, Sr., M.D., pro se Plaintiff in the above captioned action, to request an extension to file the Certificate of Merit for Defendants Beaven and Underwood pursuant to Pa.R.C.P. 1042.3(d): 1. The Sheriff has not been able to serve Defendants Dr. Barry Beaven and Dr. David Underwood and has filed a no service return. 2. Drs. Beaven and Underwood no longer work for the Department of Corrections, where they were employed when the alleged facts of the action occurred, and they did not provide a new address for service. 3. The Plaintiff is currently making a diligent search for the Defendants' current addresses in order to serve them with the Complaint. wherefore, the Plaintiff requests an extension of 60 days to file the Certificate of Merit with regard to Drs. Underwood and Beaven. VERIFICATION I, Richard W. Illes, Sr., M.D., do hereby certify that the facts asserted in the above motion are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 1B Pa.C.S. §4904. FS-579, B 07456Rt. F18 1 Ric and W. Illes, Sr., M.D. Albion, PA 16475 Date: / /? Illea V. Beaven, et. al. CERTIFICATE OF SERVICE I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. 1845 Walnut St. Philadelphia, PA 19103 For Dr a Kcomt Colleen Newfield, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Sheila McGinnis, PAC SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, PA 17011 Attorney not designated Rictfard W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: ,."Z/ Q7-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Civil Law-Medical Malpractice Defendants PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the attached copies of the Complaint in the above captioned action pursuant to Pa.R.C.P. Rule 401, for Defendants Deaven and Underwood, neither of whom could be served by the Sheriff within 30 days of the filing of the original Complaint. By: c-' ?M rn -_ D ; ; r r- x Richard W. Illes, Sr., M.D. r - Pro Se Plaintiff < Ci Y n -0 a"* FS-5769, F/B zo CD 10745 RI:. 18 D7 ;? Albion, PA 16475 -± T ?. Date: Z ? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., H.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Defendants Civil Action-Medical Malpractice Certificate of Merit as to Dr. Christian Kcomt (Name of Defendant) I, Richard W. Illes, Sr. # M.D. _ , certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. Date: b'/ / 2--/b AXIZ.11_?? At orney or arty) : Mca zr" co Ln N C) z ,- , C o -o C Y zCD oar IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Defendants Civil Action-Medical Malpractice Certificate of Merit as to Colleen Newfield, PAC (Name of Defendant) I, Richard W. Illes, Sr- F M.D. , certify that; (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. Date: ?T9--`7-`- (Att rney or Party) C ry? rnw -n.?. MM rn ?-= C,r- r-z -+c c z O -*l r ? O r: D= rv c=,rr! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff . V. Dr. Barry Beaven, et. al. Defendants Civil Action-Medical Malpractice Certificate of Merit as to Sheila McGinnis, PAC (Name of Defendant) i? Richard W. Illes, Sr., M.D. certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. /l Z- r /%? /L??r^ Date: MW *1 -nF m rn 7o ao -am v o _ 0 ? a c-? A? N z am (Attorney or Party) ti IA-60'78 Ciyi lean, C7 o i -m,3 N Wrn M , m_ z? Illes oa r ?rr, oG <> 'r rx V. .[Q ..D o-Te•? Beaven, et. al. CERTIFICATE OF SERVICE I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Frederick Roller, Esq. Colleen Newfield, PAC Sheila McGinnis, PAC 1845 Walnut St. SCI-Camp Hill SCI-Camp Hill Philadelphia, PA 19103 2500 Lisburn Rd. 2500 Lisburn Rd. Attorney for. Dr. Kcomt Camp Hill, PA 17011 Camp Hill, PA 17011 Attorney not designated Attorney not designated A 46L? Ricer W. Illes, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: 040-1w P.- I 4F N.B.-Attorney and address for Defendants Beaven and Underwood not currently known. . ?_ IN THE UNITED STATES DISTRICTCOURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD ILLES, SR., M.D. - FS-5769 V. DR. CHRISTIAN KCOMT, et al. NO. CERTIFICATE OF SERVICE I hereby certify that on this 0 day of March, 2012, a true and correct copy of the foregoing .Notice of Removal was delivered upon all parties/counsel of record via the Court's CM/ECF system and the following parties by U.S. Mail. Richard W. Illes, Sr. M.D. - FS-5769 SCI-Albion 10 745 Route 18 Albion, PA 16475 Pro Se Dr. Barry Beaven Medical Director SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 DATE: 03/01/12 Dr. David Underwood Medical Director SCI-Camp Hill 2500 Lisburn Road Camp Hill, PA 17011 Prothonotary Cumberland County Courthouse 1 Courthouse Square - Suite 100 Carlisle, PA 17013 BY: S/ Brigid Q. Alford BRIGID Q. ALFORD, ESQUIRE I.D. No. 38590 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3710 Attorneys for Defendant Dr. Christian Kcomt Illes V. Beaven, et. al. No. 12-0078 FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: W'11117- David D. Buell Prothonotary of Court Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Mr. Buell, r cn Q w' --ate Please file the enclosed Certificates of Merit as to Defendants Dr. Barry Beaven and Dr. David Underwood and the associated Certificate of Service in the above captioned case. Thank you for your help in this important matter. Sincerely yours, ///U //1 -/-, 7 -,- , Z???,7 ? Richard W. Illes, Sr., M.D. Pro Se Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0073 Plaintiff V. Dr. Barry Beaven, et. al. Defendants Civil Action-Medical Malpractice Certificate of Merit as to Dr. Barry Beaven (Name of Defendant) 1, ]Richard W. Illes, Sr., M.D. certify that: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for prosecution of the claim against this defendant. Date: Att rney or Party) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Richard W. Illes, Sr., M.D. No. 12-0078 Plaintiff V. Dr. Barry Beaven, et. al. Defendants Civil Action-Medical Malpractice Certificate of Merit as to Dr. David Underwood (Name of Defendant) _Richard W. Illes, Sr., M.D. , certifythat: (Attorney or Party) ? 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 treat- ment, practice or work that is the subject of the complaint, fell outside acceptable professional stan- dards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an accept- able 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 profes- sional is unnecessary for pro ecution of the claim against this defendant. Date: Attorney or Party) Illes V. Beaven, et. al. 12-0078 CERTIFICATE OF SERVICE I, Richard W. Illes, Sr., M.D., do hereby certify that I have on this date served a true and correct copy of the foregoing document, or documents, on the Defendants by mailing a copy to their attorney via U.S. First Class Mail, postage pre-paid, at: Attorney for Dr. Kcomt: Colleen Newfield & Frederic Roller, Esq. Sheila McGinnis, PAC's 1845 Walnut St. SCI-Camp Hill Phila., PA 19103 2500 Lisburn Rd. Camp Hill, PA 17011 Richard W."Illles, Sr., M.D. Pro Se Plaintiff FS-5769, F/B 10745 Rt. 18 Albion, PA 16475 Date: 444 .2- Barry Beaven Dr. David Underwood Dr. 680 Hammond Road 301 Chestnut St. York, PP. 17406 Harrisburg, PA 17101 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor e,,jjti3ERL A4'3 ?ENNSYyIjP, A, Richard W. Illes, Sr. I Case Number vs. 2012-78 Barry Beaven, M.D. (et al.) SHERIFF'S RETURN OF SERVICE 02/28/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Barry Beaven, MD, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 02/28/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: David Underwood, MD, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/05/2012 10:30 AM - Dauphin County Return: And now March 5, 2012 at 1030 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Underwood, MD by making known unto himself personally, at 301 Chestnut Street, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/09/2012 York County Return: And now, March 9, 2012 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Barry Beaven, MD the defendant named in the within Complaint and Notice and that I am unable to find him in the County of York and therefore return same NOT FOUND. Request for service at 680 Hammond Road, York, Pennsylvania 17406 the Defendant was not found. Deputies were advised, Barry Beaven, MD is thought to be residing on Siddonsburg Road, Lewisberry, Pennsylvania. SO ANSWERS, March 16, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY,. , COLOITYSulte Shenft ie ea.=.ott iir.c. RON R ANDERSON, SHERIFF irf- Elf toe Vr-f William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin RICHARD W. ILLES, SR VS DAVID UNDERWOOD, M.D. Sheriff s Return No. 2012-T-0686 OTHER COUNTY NO. 2012-78 And now: MARCH 5, 2012 at 10:30:00 AM served the within NOTICE & COMPLAINT upon DAVID UNDERWOOD, M.D. by personally handing to DAVID UNDERWOOD, M.D. 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 3828 BIRCHWOOD CIRCLE HARRISBURG PA 17112 PER APRIL DUNCAN, OFFICE MANAGER, DEFENDANT MOVED FROM ADDRESS 301 CHESTNUT ST, HARRISBURG, PA 17101 IN JULY 2010. GIVEN FORWARDING ADDRESS OF 828 SAMOSET DR, HARRISBURG, PA 17109 BUT DEFENDANT NO LONGER THERE. TRACED DEFENDANT TO ADDRESS LISTED ABOVE. Sworn and subscribed to before me this 6TH day of March, 2012 -)P?4z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, 4 - Sheriff of By 4 Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $ PAID BY CO SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration RICHARD W. ILLES, SR., M.D. vs. BARRY BEAVER M.D. Case Number 12-0078 CIVIL SHERIFF'S RETURN OF SERVICE 03/09/2012 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: BARRY BEAVER M.D., BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN CIVIL ACTION (CICA) AS "NOT FOUND" AT 680 HAMMOND ROAD, YORK, PA 17406. PER FERN DEFTS EX WIFE, DEFT HAS NOT BEEN AT THIS ADDRESS IN 24 YEARS. MAY BE ON CIDDONSBURG ROAD IN LEWISBERRY. March 09, 2012 SO A RS, RICHARD P KEUERLEBER, SHERIFF - - - - ----------- --- -------------------- - --- ---- --- --- - - --. - -- NOTARY Affirmed and subscribed to before me this - ALA E c 9TH day of MARCH 2012 LISA L THORPE, NOTARY U L ic1 countysute sheriff. TeleosoR. Inc CITY OF YORK. YORK COUNTY MY CO?,j%1,!SSION EXPIRES AUG. 12. 2013