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HomeMy WebLinkAbout12-0275_ i-Fi-= WEBER GALLAGHER SIMPSON Ul` I + t PROTNONOTAR) STAPLETON FIRES & NEWBY LLP By: Marc T. Levin 2012 FEB 10 PM 1: 49 IDlt 70294 CUMBERLAND COUNTY Fulton Bank Building, 200 North Third Street, Suite 9A PENNSYLVANIA Harrisburg, PA 17101 (717) 237-6940 Attorneys for Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff v. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO. 12-275 CIVIL JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY PLEASE enter the appearance of Marc T. Levin, Esquire, on behalf of Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, in the above-captioned action. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, Esquire Attorney for Defendant Carlisle HMA. LLC d/b/a Carlisle Regional Medical Center Date: 2/9/12 CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Lee Meyers 19 Sprint Drive, Suite 2 Carlisle, PA 17015 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, Esquire Attorney for Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center Date: 2/9/12 U- F i 2u 12 FEB 10 AA II *. 10 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID4 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbome@,mdweg.com Attorney for Defendants David L. Williams, D. O. and Carlisle HMA Physicians Management LLC ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs vs. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management LLC in the above-captioned matter. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN B Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HMA Physicians Management LLC Dated: February 9, 2012 05/822464.vl CERTIFICATION OF SERVICE I hereby certify that I have this day served upon all persons listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby UP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Date: s) , q • I 4? Kevin E. Osborne, Esquire 05/822464.v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FI;?t I'?iEr' j(-) P,i" 10:G Richard W Stewart Solicitor CrF fi r : - . •-IRAF F ClU ?RF RLAiND COUNTY ENNISYLYAN1A Alycia M. Sherman vs. David L. Williams, DO (et al.) Case Number 2012-275 SHERIFF'S RETURN OF SERVICE 01/25/2012 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: Womens Health Specialists of Carlisle, LLC c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 01/25/2012 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: Lee Myers and Carlisle HMA Physicians Management, LLC dlb/a Women's Health Specialists of Carlisle, LLC c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 01/26/2012 11:31 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1131 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David L. Williams, DO, by making known unto Mary Leer, Office Manager for David L. Williams, DO at 19 Sprint Drive, Suite 2, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 01/26/2012 11:15 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2012 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, by making known unto Leslie Shatto, Human Resource Assistant for Carlisle HMA, LLC at 361 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 01/31/2012 10:00 AM - Dauphin County Return: And now January 31, 2012 at 1000 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: Womens Health Specialists of Carlisle, LLC c/o CT Corporation System by making known unto Bob Sersch, Senior Corporate Operations Specialist for Womens Health Specialists of Carlisle, LLC at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/31/2012 Dauphin County Return: And now, January 31, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lee Myers and Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle, LLC c/o CT Corporation System the defendant named in the within Complaint and Notice and that I am unable to find them in the County of Dauphin and therefore return same NOT FOUND. This was refused by Bob Sersch, Senior Corporate Operations Specialist for CT Corporation. She° ff SHERIFF COST: $97.00 February 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C.0tti,ce Of Ale William T. Tully Solicitor k 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 ALYCIA M SHERMAN VS WOMENS HEALTH SPECIALISTS OF CARLISLE Sheriff s Return No. 2012-T-0335 OTHER COUNTY NO. 2012-275 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LEE MYERS AND CARLISLE HMA PHYSICIANS the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JANUARY 31, 2012. REFUSED BY BOB SERSCH, SR. CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 1ST day of February, 2012 -)P?42 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, By GW V-- Deputy Sheriff Deputy: DARIN S SHE Y Sheriffs Costs: $60.5 1/27/2012 (otfirt Ed thC *her-ff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack. Duignan Chef Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ALYCIA M SHERMAN VS WOMENS HEALTH SPECIALISTS OF CARLISLE Sheriff s Return No. 2012-T-0335 OTHER COUNTY NO. 2012-275 And now: JANUARY 31, 2012 at 10:00:00 AM served the within NOTICE & COMPLAINT upon WOMENS HEALTH SPECIALISTS OF CARLISLE by personally handing to BOB SERSCH 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CT CORP 116 PINE ST, STE 320 HBG PA 17101 SR. CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 1 ST day of February, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires Au ust 17, 2014 So Answers, '7 By Pa. Deputy: DARIN S SHE Y Sheriffs Costs: $60.5 112712012 ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants TO THE PROTHONOTARY: IIQIC C fib` R 2012 FEB 23 Pry` r r 'L UhJBERZ A No °EfllyS Y1-VAINIq'?1T y? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-275 CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE Please reinstate the Complaint in the above-captioned action against Defendants Lee Meyers and Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle, ONLY. 492090 ? ?%) I allN 11. _7 ?d ?*eR-7ryap Date: February 22, 2012 ANGINO & "ich . adl , Esquire PA 0 81 45 ront Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 492090 b WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin ID# 70294 Fulton Bank Building, 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants CIVIL ACTION c •'- ; MEDICAL PROFESSIONAL - LIABILITY ACTION NO. 12-275 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Alycia M. Sherman c/o Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 You are hereby notified to file a written resonse to the enclosed New Matter within twenty (20) days from service hereof or a judgment will be entered against you. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: ?\ r c T. Levi , Esquire Attorney for Defendant Date: Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin ID# 70294 Fulton Bank Building, 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants : CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO. 12-275 CIVIL JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, through its attorneys, Weber Gallaher Simpson Stapleton Fires & Newby LLP, and files the following Answer with New Matter to plaintiff's Complaint, and in support thereof, avers as follows. 1. After reasonable investigation, answering defendant is without sufficient knowledge or information to form a belief to admit or deny the truth or falsity of the averments contained within this paragraph; according, the said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. 2. Admitted upon information and belief. 3. Answering defendant declines to respond to the averments contained within paragraph 3 of plaintiff's Complaint, as the same are directed to other defendants. To the extent that an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at time of trial if deemed material. 4. Answering defendant declines to respond to the averments contained within paragraph 4 of plaintiff's Complaint, as the same are directed to other defendants. To the extent that an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at time of trial if deemed material. 5. Admitted. 6.- 29. The averments contained in paragraphs 6 - 29 are denied in conformity with Pa. RCP 1029(e). COUNTI ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANT DAVID L. WILLIAMS D O 30. Answering defendant incorporates herein by reference its answer to paragraphs 1- 29 of plaintiff's Complaint as if the same are set forth at length herein. 31. The averments contained within this paragraph and its subparts refer to a defendant other than the answering defendant; accordingly, no affirmative response is required. To the extent an affirmative response is required, said averments are denied in conformity with Pa. RCP 1029(e) and are further denied as legal conclusions to which no affirmative response is required. 2 WHEREFORE, answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, respectfully requests that judgment be entered in its favor against the plaintiff and that answering defendant be awarded appropriate costs and fees. COUNT II ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANTS LEE MYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, AND WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC 32. Answering defendant incorporates herein by reference its answer to paragraphs 1- 31 of plaintiff's Complaint as if the same are set forth at length herein. 33. The averments contained within this paragraph and its subparts refer to a defendant other than the answering defendant; accordingly, no affirmative response is required. To the extent an affirmative response is required, said averments are denied in conformity with Pa. RCP 1029(e) and are further denied as legal conclusions to which no affirmative response is required. WHEREFORE, answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, respectfully requests that judgment be entered in its favor against the plaintiff and that answering defendant be awarded appropriate costs and fees. COUNT III ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANT CARLISLE LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 34. Answering defendant incorporates herein by reference its answer to paragraphs 1- 33 of plaintiff's Complaint as if the same are set forth at length herein. 3 35. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at time of trial if deemed material. By way of further answer, to the extent that this paragraph is an averment of damages, it is denied, since after reasonable investigation answering defendant is without information sufficient to form a belief of the truth or falsity of the averments contained in this paragraph and, therefore, denies the same and demands strict proof thereof at the time of trial if deemed material. By way of yet further answer, it is specifically and unequivocally denied that answering defendant, its employees, agents or servants were negligent as set forth above. To the contrary, answering defendant's employees, agents and servants acted properly, appropriately and according to the applicable standard of care at all times material hereto. WHEREFORE, answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, respectfully requests that judgment be entered in its favor against the plaintiff and that answering defendant be awarded appropriate costs and fees. CLAIM I SURVIVAL ACTION ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANTS DAVID L WILLIAMS D O LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC AND CARLISLE HMA LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 36. Answering defendant incorporates herein by reference its answer to paragraphs I- 35 of plaintiff's Complaint as if the same are set forth at length herein. 4 37. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. 38. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. 39. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. 40. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. 41. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. 6 CLAIM II WRONGFUL DEATH ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANTS DAVID L. WILLIAMS D.O. LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC AND CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 42. Answering defendant incorporates herein by reference its answer to paragraphs 1- 41 of plaintiff's Complaint as if the same are set forth at length herein. 43. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. 44. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. 7 45. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. 46. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. 47. Denied. The averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. By way of further answer, to the extent plaintiff is seeking to hold answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, vicariously liable for the alleged negligence of the other parties, the answering defendant as a matter of law cannot be found to be jointly and severally liable with those parties. By way of yet further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are 8 denied since, after reasonable investigation, the answering defendant lacks knowledge or information sufficient to admit or deny the truth or falsity of the averment contained within this paragraph; accordingly, strict proof thereof is demanded at the time of trial if deemed material. WHEREFORE, answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, respectfully requests that judgment be entered in its favor against the plaintiff and that answering defendant be awarded appropriate costs and fees. CLAIM III ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANTS DAVID L. WILLIAMS D.O. LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC AND CARLISLE HMA, LLC 48. Answering defendant incorporates herein by reference its answer to paragraphs 1- 47 of plaintiff's Complaint as if the same are set forth at length herein. 49. Denied. The averments contained in this paragraph are denied in conformity with Pa. RCP 1029(e). By way of further answer, the averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at time of trial if deemed material. 50. Denied. The averments contained in this paragraph are denied in conformity with Pa. RCP 1029(e). By way of further answer, the averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are denied and strict proof thereof is demanded at time of trial if deemed material. 9 51. Denied. After reasonable investigation, answering defendant lacks the knowledge or information sufficient to admit or deny the truth or falsity of the averments contained within this paragraph; according, said averments are denied and strict proof thereof is demanded at the time of trial, if deemed material. 52. Denied. After reasonable investigation, answering defendant lacks the knowledge or information sufficient to admit or deny the truth or falsity of the averments contained within this paragraph; according, said averments are denied and strict proof thereof is demanded at the time of trial, if deemed material. By way of further answer, the averments contained in this paragraph are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. 53. Denied. To the extent the averments in this paragraph are averments of proximate causation, they are conclusions of law to which no affirmative response is requited. To the extent an affirmative response may be required, said averments are unequivocally denied and strict proof thereof is demanded at time of trial if deemed material. By way of further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks the knowledge or information sufficient to admit or deny the truth or falsity of the averments contained within this paragraph; accordingly, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. 54. Denied. To the extent the averments in this paragraph are averments of proximate causation, they are conclusions of law to which no affirmative response is requited. To the extent an affirmative response may be required, said averments are unequivocally denied and 10 strict proof thereof is demanded at time of trial if deemed material. By way of further answer, to the extent the averments in this paragraph are averments of the plaintiff's alleged damages, they are denied since, after reasonable investigation, the answering defendant lacks the knowledge or information sufficient to admit or deny the truth or falsity of the averments contained within this paragraph; accordingly, said averments are denied and strict proof thereof is demanded at the time of trial if deemed material. WHEREFORE, answering defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, respectfully requests that judgment be entered in its favor against the plaintiff and that answering defendant be awarded appropriate costs and fees. NEW MATTER AND NOW, comes the defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, and files the following new matter: 55. If plaintiff sustained the injuries or damages alleged in the Complaint, which are specifically and unequivocally denied, then it is averred that said injuries or damages were caused by the operation of nature, and not by any acts or omissions on the part of answering defendant. 56. At all times material and relevant hereto, answering defendant acted consistently with any duty towards plaintiff in accordance with the applicable standards of medical care at the time and place of treatment. 57. Nothing done or omitted to be done by answering defendant, it's alleged officers, directors, agents, servants, employees, residents, staff, physicians, nurses or workmen was the proximate, factual or actual cause of any injury to plaintiff. It 58. The alleged injuries to the plaintiff may have been caused by or contributed to, in whole or in part, by the negligence or want of due care of persons, parties and/or organizations other than answering defendant and over whom answering defendant had no control, right of control or responsibility. 59. If the answering defendant was negligent in any respect as alleged within the Complaint, all such allegations being specifically and unequivocally denied, said negligence was passive and injuries sustained by plaintiff were the result of an intervening negligent act of a third person or persons which was the superseding cause of plaintiff's injuries and, therefore, answering defendant is not liable. 60. The alleged injuries of plaintiff may have been the result of plaintiff's own negligence which exceeded any negligence of answering defendant herein; any alleged negligence of answering defendant herein being expressly and specifically denied. Therefore, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102, plaintiff's claims are barred. 61. Because plaintiff had knowledge of and understood and appreciated the consequences of the medical treatment rendered, plaintiff may have voluntarily assumed any and all risks associated with the said treatment(s), and answering defendant cannot be held liable. 62. Any award given to Plaintiff shall be offset by any public collateral source of compensation or benefits pursuant to the Healthcare Services Malpractice Act, and, to the extent applicable, the MCARE Act. 63. Section 606 of the Healthcare Services Malpractice Act of Pennsylvania, 40 P.S. Section 1301.606 provides that in "the absence of a special contract in writing, a healthcare 12 provider is neither a warrantor nor a guarantor of a cure." This provision is pleaded as an affirmative defense insofar as there was no special contract in writing in this case. 64. To the extent the evidence shows plaintiff has failed to mitigate her damages, the answering defendant pleads failure to mitigate damages as an affirmative defense. 65. The Complaint, in whole or in part, fails to state a cause of action for which relief can be granted. 66. Plaintiff's causes of action may be barred by the applicable statute of limitations. 67. Plaintiff, through negligence or otherwise, may have failed to fully inform the answering defendant and its alleged agents, servants, employees, residents, staff, physicians, nurses, or workmen adequately and in a reasonable fashion of plaintiff's complaints and ailments, thereby preventing answering defendant and its alleged agents, servants, employees, residents, staff, physicians, nurses, or workmen from adequately diagnosing, treating and remedying the alleged illness of which plaintiff now complaints. Therefore, plaintiff's claims are barred. 68. Answering defendant pleads the affirmative defense of Release. 69. Answering defendant raises all affirmative defenses set forth or available as a result of the provision in the Healthcare Services Malpractice Act of Pennsylvania, 40 P.S. Section 1301, et sec l. and/or House Bill 1802 (2002). 13 WHEREFORE, defendant, Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, denies that it is liable to plaintiff in any manner whatsoever and demands the entry of judgment in its favor and for such other relief as this Honorable Court deems appropriate.. By: Date: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Marc T. Levin, Esquire Attorney for Defendant Carlisle HMA. LLC d/b/a Carlisle Regional Medical Center 14 VERIFICATION I, Amy S. Trimmer, BSN, RN, of Carlisle Regional Medical Center, hereby certify that the statements set forth in the foregoing Answer to Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Carlisle Regional Medical Center By: %? Gi-C. lG Amy S. 'mm SN, RN Director of Risk Management Patient Safety Officer Hospital Compliance Officer Date: f CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Lee Meyers 19 Sprint Drive, Suite 2 Carlisle, PA 17015 Date: '? z WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: ?- Marc T. Levin, Esq re Attorney for Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy a,?h.,,,; of;i! ?d Richard W Stewart Solicitor 2012 MAR -5 PM 2: 47 Cu PENNSY?.IAN Affr?r Alycia M. Sherman Case Number vs. David L. Williams, DO (et al.) 2012-275 SHERIFF'S RETURN OF SERVICE 02/24/2012 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: Carlisle HMA Physicians Management, LLC c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 02/28/2012 09:00 AM - Dauphin County Return: And now February 28, 2012 at 0900 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: Carlisle HMA Physicians Management, LLC by making known unto Sandra Schwalm, Corporate Operations Specialist for Carlisle HMA Physicians Management, LLC c/o CT Corporation System at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/02/2012 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: Lee Myers, but was unable to locate him in his bailiwick He therefore returns the within Complaint and Notice as not found as to the defendant Lee Myers. Request for service at 419 Stonehedge Drive, Suite 4, Carlisle, Pennsylvania 17013 does not exist. SHERIFF COST: $53.45 SO ANSWERS, March 02, 2012 RON W R ANDERSON, SHERIFF William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duppan Chief Deputy Michael W. Rinehart Assistant Chief Deputy ALYCIA M. SHERMAN, Commonwealth of Pennsylvania INDIVIDUALLY & AS ADMIN. OF THE ESTATES OF AVA & LILY MYERS VS County of Dauphin CARLISLE HMA PHYSICIANS MANAGEMENT, LLC Sheriff s Return No. 2012-T-0633 OTHER COUNTY NO. 2012-275 And now: FEBRUARY 28, 2012 at 9:00:00 AM served the within NOTICE & COMPLAINT upon CARLISLE HMA PHYSICIANS MANAGEMENT, LLC by personally handing to SANDRA SCHWALM 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CT CORP 116 PINE ST, STE 320 HARRISBURG PA 17101 CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 29TH day of February, 2012 So Answers, /k .i ByZ?X' a COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 , Pa. Deputy Sheriff Deputy: DARIN S SHE EY Sheriffs Costs: $41.25 2/27/2012 4 D 4{? i't`i 7;'.SI aA ? -)- .0 11- G3 tL i,'; .? yLVA'AIA ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2012-275 CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT CARLISLE HMA LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER AND NOW, comes Alycia M. Sherman, individually and as Administratrix of the Estates of Ava and Lily Myers, Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and 1 answers the New Matter of Defendant Carlisle HMA LLC d/b/a Carlisle Regional Medical Center, as follows: 55. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiffs injuries and damages were caused by acts and omissions of the instant Defendant and the remaining Defendants herein. Plaintiff incorporates her Complaint herein by reference. 56. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the instant Defendant at all times relevant hereto breached its duty to Plaintiff and failed to act in accordance with the applicable standards of medical care towards Plaintiff. 57. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and/or omissions by the instant Defendant, its officers, directors, agents, servants, employees, residents, staff, physicians, nurses, and workmen were the approximate, factual, and actual cause of injuries and damages suffered by Plaintiff herein. 58. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the injuries and damages sustained by Plaintiff were caused by the negligence, carelessness, wanton, and recklessness of all of the Defendants herein. Plaintiff incorporates her Complaint herein by reference. 2 59. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied.. By way of amplification, there were no intervening or superseding negligent acts in the instant action. All of Plaintiff's injuries and damages were caused by the negligent, careless, wanton, and reckless conduct of all of the Defendants herein. Plaintiff incorporates her Complaint herein by reference. 60. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was in no way negligent. The Pennsylvania Comparative Negligence Act does not apply to the instant action. 61. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, at no time applicable hereto did Plaintiff assume the risk of her injuries and damages or the death of her children. All of Plaintiff's injuries and damages were caused by the negligent, careless, wanton, and reckless conduct of the instant Defendants. 62. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there is no collateral source offset applicable to the instant action. Further, neither the Healthcare Services Malpractice Act nor the MCARE Act apply in any way to the instant action. All of Plaintiff's injuries and damages are recoverable in the instant action. 63. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically 3 denied. By way of amplification, the instant paragraph is an improper pleading. The Healthcare Services Malpractice Act does not create any affirmative defenses applicable to the instant action. 64. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiff mitigated her damages. 65. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint states a cause of action for which relief can be granted. 66. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the instant action was filed well within the appropriate statute of limitations. 67. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. At all times applicable hereto, Plaintiff fully advised and informed Answering Defendant and its alleged officers, directors, agents, servants, employees, residents, staff, physicians, nurses, and workmen adequately and in a reasonable fashion of her complaints and ailments and thereby allowed Answering Defendant and its alleged agents, servants, employees, residents, staff, physicians, nurses, or workmen to adequately and appropriately diagnose, treat, and remedy the alleged illnesses for which Plaintiff complained. Unfortunately, the instant Defendant and remaining Defendants were negligent, careless, wanton, and reckless in 4 responding to condition, complaints, ailments, and providing care causing Plaintiff s injuries and damages. 68. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there is no release applicable to the instant action and therefore the instant averment is without merit. 69. Answering Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no affirmative defenses available to the instant Defendant from the Healthcare Services Malpractice Act of Pennsylvania. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Answering Defendant's Answer and New Matter and enter judgment in her favor against Defendants. DATED: March 7, 2012 ANGINO 4503 N ` foef Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 5 ATTORNEY VERIFICATION I, Richard A. Sadlock, Esquire, do swear and affirm that the facts set forth in the foregoing Plaintiff s Reply to New Matter of Defendant Carlisle HMA, LLC are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to ur Dated: March 7, 2012 494025 6 CERTIFICATE OF SERVICE AND NOW, this 7th day of March, 2012, I, Angela Horchler, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs Response to Defendant Carlisle HMA, LLC's New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants David L. Williams, D. 0. and Carlisle HAM Physicians Management LLC 717-65-3500 Fax: 717-651-9630 Email: keosborne@mdweg.com Marc T. Levin, Esquire Michael J. Boone, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HAM, LLC, d/b/a Carlisle Regional Medical Center 717-237-6942 717-237-6949 Fax Email: mlevin@wglaw.com Women's Health Specialists of Carlisle, LLC 7 / " 1,91,41 Angela ' or ler 494025 7 MARSHALL. DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbornekmdwcg corn Attorney for the Defendants David L. Williams, D.O. And Carlisle HMA Physicians Management LLC ? ? :.? .. rte? ter- C D XW W ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs VS. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS DAVID L. WILLIAMS, D.O. AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC AND NOW, come Defendants, David L. Williams, D.O. and Carlisle HMA Physicians Management LLC, through their attorneys Marshall, Dennehey, Warner, Coleman & Goggin, and file the following Answer with New Matter to Plaintiffs' Complaint setting forth as follows: I . After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 and proof thereof is demanded at trial. 2. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 2 and proof thereof is demanded at trial. The averments of paragraph 3 are denied as stated. It is admitted that David L. Williams, D.O. is currently and was at all times relevant hereto a physician licensed to practice medicine in the Commonwealth of Pennsylvania and an employee of Carlisle HMA Physicians Management, LLC located at 19 Sprint Drive, Suite 2, Carlisle, Cumberland County, Pennsylvania.. It is also admitted that Defendant Williams practices obstetrics and gynecology. The remaining averments of paragraph 3 state conclusions of law to which no answer is required. 4. Denied. Carlisle HMA Physicians Management, LLC is not located at 19 Sprint Drive, Suite 2, Carlisle, Pennsylvania. This entity may be served at CT Corporation. 5. The averments in paragraph 5 pertain to another party and no response is required of these Defendants. 6. -29. The averments of paragraphs 6 - 29 are denied in accordance with Rule 1029(a) of the Pennsylvania Rules of Civil Procedure. COUNTI SHERMAN v. WILLIAMS 30. The Defendant incorporates herein by reference his answers to paragraphs 1 - 29 above as if set forth at length. 31. The averments of paragraph 31 state conclusions of law to which no answer is required. To the extent an answer is deemed required, it is denied that Defendant Williams was negligent for:. a. Failing to continuously and properly monitor Plaintiff Alycia M. Sherman and the Estates of Ava and Lily Myers from their first arrival at Defendant Carlisle Regional Medical Center; b. Failing to properly read, review, interpret and respond to any fetal monitoring that was done for Plaintiff Alycia M. Sherman and the Estates of Ava and Lily Myers; C. Failing to properly monitor, test and evaluate the fetal health status of the Estates of Ava and Lily Myers; d. Failing to deliver Ava and Lily Myers in a more timely fashion; e. Failing to order and obtain all necessary tests to monitor the health and wellbeing of Ava and Lily Myers to assure their safe delivery; f. Failing to take immediate and appropriate action and to examine Plaintiff Alycia M. Sherman after Plaintiff Alycia M. Sherman's membrane rupture; g. Ignoring all tests that recorded the status of Ava and Lily Myers as minimal or absent variability; h. Failing to obtain specialized care for Plaintiff Alycia M. Sherman and the Estates of Ava and Lily Myers. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. COUNT II SHERMAN v. CARLISLE HMA PHYSICIANS MANAGEMENT, LLC 32. The Defendant incorporates herein by reference its answers to paragraphs 1 - 31 above as if set forth at length. 33. The averments of paragraph 33 state conclusions of law to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. It is admitted that Defendant David L. Williams, D.O. was an employee of Carlisle HMA Physicians Management, LLC. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. COUNT III SHERMAN v. CARLISLE REGIONAL 34.-35. The averments of paragraphs 34 - 35 pertain to another party and no response is required of these Defendants. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. CLAIM I - SURVIVAL ACTION SHERMAN v. ALL DEFENDANTS 36. The Defendants incorporate herein by reference their answers to paragraphs 1 - 35 above as if set forth at length. 37. The Defendants admit that the Plaintiff brings the action pursuant to the said statute. The Defendants deny any implication that Plaintiff is entitled to recover under said statute. 38. Defendants deny any negligence on their part or that any conduct of answering Defendants was a cause of the deaths of Ava and Lily Myers. 39. Defendants deny any negligence on their part or that any conduct of answering Defendants was a cause of any decrease in a period of survival of Ava and Lily Myers. 40. The averments of paragraph 40 state conclusions of law to which no answer is required. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. 41. It is admitted that the Plaintiff is filing the said claim. Any implication the Plaintiff is entitled to recover pursuant to said statute is denied. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. CLAIM II - WRONGFUL DEATH SHERMAN v. ALL DEFENDANTS 42. The Defendants incorporate herein by reference their answers to paragraphs 1 - 41 above as if set forth at length. 43. It is admitted that the Plaintiffs bring a claim pursuant to the Wrongful Death Act. Any implication the Plaintiff is entitled to recover pursuant to said Act is denied. 44. Denied. Answering Defendants deny any negligence on their part or that any conduct of answering Defendants was a cause of any harm or injury to Plaintiff. 45. While denying any negligence or causation on the part of answering Defendants, they state that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 45 and proof thereof is demanded at trial. 46. Answering Defendants deny negligence on their part or that any conduct of answering Defendants caused the deaths of Ava or Lily Myers. After a reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 46 and proof thereof is demanded at trial. 47. Answering Defendants deny any implication of negligence on their part or that any conduct of answering Defendants caused the deaths of Ava and Lily Myers. After a reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 47 and proof thereof is demanded at trial. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. CLAIM III SHERMAN v. ALL DEFENDANTS 48. The Defendants incorporate herein by reference their answers to paragraphs 1 - 47 above as if set forth at length. 49. Admitted. 50. While denying any negligence on the part of answering Defendants, it is admitted that Plaintiff Alycia Sherman was present during the course of the events related in this Complaint. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 50 and proof thereof is demanded at trial if relevant. 51. While denying that answering Defendants were negligent or that their conduct caused any injury to the Estates of Ava or Lily Myers, the answering Defendants state that after reasonable investigation they are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 51 and proof thereof is demanded at trial. 52. Answering Defendants deny any negligence on their part or that any conduct of answering Defendants caused any injury to the Plaintiff or the Estates of Ava or Lily Myers. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 52 and proof thereof is demanded at trial. 53. While answering Defendants deny any negligence on their part or that any conduct on the part of answering Defendants caused any harm to Plaintiff or to the Estates of Ava or Lily Myers, after reasonable investigation, the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 53 and proof thereof is demanded at trial. 54. Answering Defendants deny any negligence on their part or that any conduct on the part of answering Defendants caused any injury to the Plaintiff or the Estates of Ava or Lily Myers. After reasonable investigation, the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 54 and proof thereof is demanded at trial. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiffs. NEW MATTER 55. Plaintiffs' Complaint fails to state a claim upon which relief can be granted against answering Defendants. 56. At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of answering Defendants. 57. At all times relevant hereto, Dr. Williams acted within and followed the precepts of a respected school of thought and, accordingly, all professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 58. Plaintiffs' claims are barred by operation of the applicable statutes of limitations. 59. Plaintiffs' claims are limited and barred by the provisions of the Healthcare Services Malpractice Act of 1974, 40 P. S. § 1301 et seq. as amended. 60. The recovery of past medical expenses paid pursuant to any private or public benefit or gratuity, including any insurance carrier, it is barred pursuant to Section 508 of the MCARE Act. 61. Answering Defendants hereby invoke all provisions of the MCARE Act to the extent such provisions constitute affirmative defenses to Plaintiffs' claims. 62. For the purposes of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset or accord and satisfaction. 63. Pennsylvania Rule of Civil Procedure 238 is unconstitutional on its face and as it may be applied. To the extent that Pa.R.C.P. is determined to be constitutional, then any and all liability for interest imposed pursuant to Rule 238 should be suspended during any such time that Plaintiff delayed in the prosecution of this action. WHEREFORE, answering Defendants demand judgment in their favor and against Plaintiff. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Q By: L- Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC Dated: 3 - / ?- / a 05/833820.v l VERIFICATION David L. Williams, D.O., being duly sworn according to law, deposes and says the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information, and belief. This verification is subject to 18 Pa. C.S. § 4904 which provides for certain penalties for making false statements. David . lliams, D.O. Date: 3 - l z . 2--31 Z 05/833992.v l CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 15th day of March, 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN i By: Kevin E. Osborne, Esquire 05/833820.v1 ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, rn r*t . K.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants NO. 2012-275 CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS DAVID L. WILLIAMS, D.O. AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC AND NOW, here comes Plaintiff, Alycia M. Sherman, individually and as Administratrix of the Estates of Ava and Lily Myers, by and through her attorneys, Angino & Rovner, P.C. and responds to Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC Answer with New Matter, as follows: 1 55. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint states a claim upon which relief can be granted against Answering Defendants and the remaining Defendants herein. 56. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, discovery may reveal other natural persons, partnerships, corporations, or other legal entities acting or serving as an agent, servant, employee, or otherwise, for or on behalf of Answering Defendants. 57. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, at times relevant hereto, Defendant Williams failed to act within and follow the precepts of a respected school of thought and, accordingly, all professional conduct by Defendant Williams was below the applicable standard of care. By way of further amplification, the Two or More Schools of Thought Doctrine does not apply to the instant action. 58. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the instant action was filed well within the applicable Statute of Limitations. 59. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's claims are in no way limited or barred by the provisions of the 2 Health Care Services Malpractice Act of 1974. All of Plaintiff's claims and damages are recoverable in the instant action. 60. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiff's claims and damages, including past medical expenses, are recoverable in the instant action. Section 508 of the MCARE Act does not bar any of Plaintiff's claims herein. 61. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no affirmative defenses available to Defendants herein from the MCARE Act. 62. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there are no affirmative defenses available to the Defendants herein. Specifically, the defenses of release, offset or accord, and satisfaction do not apply to the instant action. 63. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Pennsylvania Rules of Civil Procedure 238 is constitutional and may be applied to the instant action. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Answer and New Matter and enter judgment in their favor against the Defendants. 3 ANGINO & ROVNER, P.C. Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff Date: March 20, 2012 4503 N. Front Street COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN AFFIDAVIT I, RICHARD A. SADLOCK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. Sworn to and subscribed before me this day of %6v , 2012. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public Susquehanna Twp., Dauphin County My.Commission.Expires March 18, 2013 5 CERTIFICATE OF SERVICE AND NOW, this 20th day of March, 2012, I, Angela Horchler, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs Reply to New Matter of Defendants Williams and Carlisle HAM was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants David L. Williams, D.O. and Carlisle HAM Physicians Management LLC Marc T. Levin, Esquire Michael J. Boone, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HAM, LLC, d/b/a Carlisle Regional Medical Center Angela Horchler 6 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, :PA 17112 717-651-3713 keosborneCwmdwcg com Attorney for the Defendants ALYCIA M. SHERMAN, COURT OF COMMON PLF INDIVIDUALLY AND AS CUMBERLAND COUNTY, ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, NO. 12-275 VS. Plaintiffs DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants 3Ef Y AN-' IA MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC, certifies that: (1) A Notice of Intent to Serve a 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, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosborneta7mdwcg com Attorney for the Defendants ALYCIA M. SHERMAN, COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, NO. 12-275 Plaintiffs MEDICAL PROFESSIONAL LIABILITY VS. ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC JURY TRIAL DEMANDED d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, J Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`a Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center Kevin E. Osborne, Esquire, with the law offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC, 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 this Subpoena. If no objection is made, the Subpoena may be served. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN lDate: 3 6 1 By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HAM Physicians Management, LLC 05/839286.v l MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosborne&mdwcg com Attorney for the Defendants ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, VS. Plaintiffs DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: 4 Harrisburg. Pa 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all medical records, including, but not limited to, inpatient and outpatient records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, actual radiological studies, together with all diagnostic reports, medical reports, notes, memoranda, correspondence and medical bills concerning ALYCIA M. SHERMAN, Date of Birth: 4/23/1991. at: Attention: Angela Lentz Paralegal at Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Ste B Harrisburg, PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Kevin E. Osborne, Esquire Address: Marshall, Dennehey, Warner, Coleman & Go in 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 34991 Attorney For: Defendants BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) 05/839269.v1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 21" day of March, 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney far Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3rd Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: ct lC L Angela M. Lentz, Paralegal (3) No objection to the subpoena has been made or received, and/or counsel has agreed to waive the twenty-day notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: By: Nd-` 5 ]u2 , e .Osborne, squire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HAM Physicians Management, LLC 05/852347.v1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire '.tUMRERLAND COUNTY Attorney ID# 34991 - PEEN N S Y LVA N I A 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbomeg,mdwcg com Attorney for the Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 12-275 Plaintiff V. MEDICAL PROFESSIONAL LIABILITY ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED STIPULATION TO DISMISS AS TO FEWER THAN ALL DEFENDANTS PURSUANT TO PA. R.C.P. 229(B)(1) It is hereby stipulated, consented to and agreed by the undersigned attorneys that Defendants, Lee Meyers and Women's Health Specialists of Carlisle, LLC, are dismissed pursuant to Pa. R.C.P. 229(b)(1) from the above-captioned action with prejudice. cw? asq ? It is further stipulated and agreed by and among the parties that the caption of the within action shall hereinafter read as follows: ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., CARLISLE HMA PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLF HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants STIPULATED BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED i. adlock, Esquire Rovner, P.C. orth Front Street Marc T. Levin, Esqui e Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP Fulton Bank Building 200 North 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle HMA, LLC d/b,1a Carlisle Regional Medical Center Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 171112 Attorney for David L. Williams, D. 0. and Carlisle HAM Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle 05i854227.vl Harrisburg, PA 17110-1708 Attorney for Plaintiffs CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 7`h day of May, 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: e-G"?-- Kevin E. Osborne, Esquire 05/854227.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIM- , . , j , , By: Kevin E. Osborne, Esquire ID# 34991 ?. l 4200 Crums Mill Road 4 = - ?f +! ?:I r,? ,; '._ Harrisburg, PA 17112 y s L" , d } ?,.. 717-651-3713 keosbomegmdwc .com Attorney for the Defendants ALYCIA M. SHERMAN, COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, NO. 12-275 Plaintiffs MEDICAL PROFESSIONAL LIABILITY VS. ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC, certifies that: (1) A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been made or received, and/or counsel has agreed to waive the twenty-day notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: ' / dL By Z.2?? Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HAM Physicians Management, LLC 05/886798.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbornekmdwcg com Attorney for the Defendants ALYCIA M. SHERMAN, COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, NO. 12-275 Plaintiffs VS. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center Kevin E. Osborne, Esquire, with the law offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC, 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 this Subpoena. If no objection is made, the Subpoena may be served. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: By: ll 1-t-t„, ?o--=-- Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HAM Physicians Management, LLC 05/886753.vl ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs vs. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Psychological Associates 205 S. Front Street Harrisburg, PA 17104 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all records, including, but not limited to, inpatient and outpatient records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, office notes, memoranda, correspondence and medical bills concerning Alycia M. Sherman; Date of Birth: 04/23/1991. at: Marshall Dennehey Warner Coleman & Gol;gin 4200 Crums Mill Road Suite B, Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: ,(717) 651-3713 SUPREME COURT ID# 34991 ATTORNEY FOR: Defendant DATE: By the Court: Seal of the Court 05/886713.v 1 Prothonotary Deputy ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs vs DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Franco Psychological Associates P.C., 26 State Avenue Suite 101 Carlisle, PA 17015 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all records, including, but not limited to, inpatient and outpatient records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, office notes, memoranda, correspondence and medical bills concerning Alycia M. Sherman; Date of Birth: 04/23/1991. at: Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Suite B, Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg;, PA 17112 TELEPHONE: (717) 651-3713 SUPREME COURT ID# 34991 ATTORNEY FOR: Defendant DATE: By the Court: Prothonotary Seal of the Court Deputy 05/886713.v1 ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs vs DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Holy Spirit Hospital 503 North 21" Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Any and all medical records, including, but not limited to, inpatient and outpatient records, physical therapy records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other diagnostic testing performed, together with all diagnostic reports, medical reports, office notes, memoranda, correspondence and medical bills concerning Alycia M. Sherman; Date of Birth: 04/23/1991. at: Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Suite B, Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: (717) 651-3713 SUPREME COURT lD# 34991 ATTORNEY FOR: Defendant DATE: By the Court: Prothonotary Seal of the Court 05/886713.v l Deputy CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this ? L 0-V day of 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney, for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Elizabeth L. Ziegler, Paralegal CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document -I "\ has been served upon the following known counsel and parties of record this _ day of 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center By: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ?, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road - - 14D COUNT'," Harrisburg, PA 17112 717-651-3713 keosborne(a,mdwcg corn Attorney for the Defendants ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs VS. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC, certifies that: (1) A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been made or received, and/or counsel has agreed to waive the twenty-day notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: By: ® Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HMA Physicians Management, LLC 05/898060.vl MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbome(a)mdwcg com Attorney for the Defendants ALYCIA M. SHERMAN, COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PENNSYLVANIA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, NO. 12-275 vs. Plaintiffs MEDICAL PROFESSIONAL LIABILITY ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center Kevin E. Osborne, Esquire, with the law offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendants David L. Williams, D.O. and Carlisle HMA ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs VS. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMENS HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Aerotek/Direct Brands 4250 Crums Mill Road, Harrisburg, PA 17112 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession concerning Alycia M. Sherman; Date of Birth: 04/23/1991; Social Security No.: 193-72-4566. at: Marshall Dennehy Warner Coleman & Go$gin 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: (,717) 651-3713 SUPREME COURT ID# 34991 ATTORNEY FOR: Defendant DATE: Seal of the Court By the Court: Prothonotary Deputy 05/898017.v l ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, vs. Plaintiffs DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants By the Court: TO: Records Custodian, Target, 246 Westminster Drive, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession concerning Alycia M. Sherman; Date of Birth: 04/23/1991; Social Security No.: 193-72-4566. at: Marshall Dennehpy Warner Coleman & Goggin 4200 Crums Mill Road, Suite B. Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: (717) 651-3713 SUPREME COURT 1D# 34991 ATTORNEY FOR: Defendant DATE: 05/898017.v 1 Seal of the Court COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Prothonotary Deputy ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs vs. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, SMX Cgrp/Amazon.com Warehouse 21 Roadway Drive, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession concerning Alycia M. Sherman; Date of Birth: 04/23/1991; Social Security No.: 193-724566. at: Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: (717) 651-3713 SUPREME COURT ID# 34991 ATTORNEY FOR: Defendant DATE: Seal of the Court 05/898017.v1 By the Court: Prothonotary Deputy COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiffs VS. DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-275 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Kelly Services/Borders Warehouse 1501 Distribution Drive, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession concerning Alycia M. Sherman; Date of Birth: 04/23/1991; Social Security No.: 193-724566. at: Marshall Dennehey Warner Coleman & Goggin, 4200 Crums Mill Road, Suite B. Harrisburg, PA 17112 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: Kevin E. Osborne, Esquire ADDRESS: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 TELEPHONE: (717) 651-3713 SUPREME COURT ID# 34991 ATTORNEY FOR: Defendant DATE: Seal of the Court 05/898017.v1 By the Court: Prothonotary Deputy Physicians Management, LLC, 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 this Subpoena. If no objection is made, the Subpoena may be served. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned counsel. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: (p 1? l o? By: -' Kevin E. Osborne, Esquire ID# 34991 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3713 Attorney for Defendants David L. Williams, D. 0. and Carlisle HMA Physicians Management, LLC 05/898051.vt CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this day of 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Elizabeth L. Ziegler, Zegal CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document h has been served upon the following known counsel and parties of record this 0 day of 2012, via United States First-Class Mail, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 N. P Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: FOO,,LA Elizabeth L. Ziegler, egal FILED-OFFICE Or THE PROTHONOTARY 2012 JUL 12 PM 1: 58 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., CARLISLE HMA PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants THE COURT OF COMMON PLEAS MBERLAND COUNTY, PA 0.2012-275 ACTION ICAL PROFESSIONAL LIABILITY Y TRIAL DEMANDED ON PLAINTIFF'S MOTION FOR STATUS CONFERENCE AND NOW comes the Plaintiff by and through her attorney and files this Motion for a Status Conference, and in support thereof aver: 1. The Complaint in this case was filed on January 20, 2012. 2. Service upon Defendants David Williams, D.O. and Carlisle HMA LLC d/b/a Carlisle Regional Medical Center was effectuated by January 26, 2012. 502634 upon Defendant Carlisle HMC Physicians Management LLC was effectuated February 28, 2012. 3. A Stipulation to Dismiss Defendant Lee Meyers and Women's Health of Carlisle, LLC was filed on May 8, 2012. 4. The Parties have engaged in and have completed written discovery. 5. Depositions have not yet been scheduled in this case. 6. Counsel estimate that the trial will take no more than four to five days. 7. Counsel for Plaintiffs and Defendants believe it is in all parties' interests to the Court set deadlines for the completion of all discovery, the exchange of reports and also set a date or term for trial. 8. On July 5, 2012, Plaintiff's counsel contacted Defendants' counsel via email, Defendants' counsel concurs with the filing of this Motion for Status 9. The Plaintiff is represented by Richard A Sadlock, Esq., of Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110 (717) 238-6791. 10. Defendants David L. Williams, D.O. and Carlisle HMA Physicians LLC d/b/a Women's Health Specialists of Carlisle are represented by Kevin E. Osborne, Esq., of Marshall, Dennehey, Warner, Coleman & Coggin, 4200 Mill Road, Suite B Harrisburg, PA 17112, (717) 651-3500. 11. Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center is represented by Marc T. Levin, Esq. of Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, Fulton Bank Building, 200 North Third Street, Suite 9A, Harrisburg, PA 17101, (717) 237-6942. 502634 WHEREFORE, the Parties respectfully request that this Honorable Court schedule a status conference. Respectfully submitted, Date: I / /I / rloo? 502634 Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of 2012, 1, Angela Horchler, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of this MOTION FOR STATUS CONFERENCE upon all counsel of record ?i postage prepaid first class United States mail addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants David L. Williams, D. 0., and Carlisle HMA Physicians Management LLC d1b/a Women's Health Specialists of Carlisle Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center Dated: 502634 1 Fi4E0-OFF 1u" . T -i AIL PROTHONOTAR'I' 2012 JUL 18 AM 11: 32 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com ALYCIA M. SHERMAN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff V. DAVID L. WILLIAMS, D.O., CARLISLE HMA PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants THE COURT OF COMMON PLEAS MBERLAND COUNTY, PA .2012-275 IVIL ACTION [EDICAL PROFESSIONAL LIABILITY Y TRIAL DEMANDED PLAINTIFF'S SUPPLEMENTAL MOTION FOR STATUS CONFERENCE AND NOW comes the Plaintiff by and through her attorney and files this Supplemental Motion for a Status Conference, and in support thereof aver: No other Judge has ruled upon any other issue in the same or related matter on this case. WHEREFORE, the Parties respectfully request that this Honorable Court schedule status conference. ON a 503627 4 Date: ? 503627 Respectfully submitted, ANGINO&RQINCe, rC. PA I.?'1?o. 47281 Esquire 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of , 2012, I, Angela Horchler, an the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true correct copy of this SUPPLEMENTAL MOTION FOR STATUS CONFERENCE upon counsel of record via postage prepaid first class United States mail addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants David L. Williams, D. 0., and Carlisle HAM Physicians Management LLC d1b/a Women's Health Specialists of Carlisle Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center Dated: p ) Ang la Horchler of 503627 ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS OF Individually and as CUMBERLAND COUNTY, PENNSYLVANIA Administratrix of the ESTATES OF AVA AND LILY MYERS, Plaintiff V. : CIVIL ACTION - LAW DAVID L. WILLIAMS, D.O., CARLISLE HMA PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants NO. 12-275 CIVIL TERM PLAINTIFF'S MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 20th day of July, 2012, upon consideration of Plaintiff's and Supplement Motion for Status Conference, a status conference is scheduled Thursday, September 6, 2012, at 10:00 a.m., in Courtroom No. 5, Cumberland C Courthouse, Carlisle, Pennsylvania. Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff BY THE COURT, :rrri Christylee L. Peck, J. ? J ?k i ?f :r c:> L c: N C) .r- ,-, T T -••? (?...a -T1 Kevin E. Osborne, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendants David L. Williams, D.O., and Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle Marc T. Levin, Esq. Fulton Bank Building 200 North Third Street Suite 9A Harrisburg, PA 17101 Attorney for Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center :rc 6p i cs Aez r'Cv 20113 AG CQMBERL.AND CDI�s PENNSYL.Va9 'A i ANGINO&ROVNER,P.C. Richard A. Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 j (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock @angino-rovner.com ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, i i Plaintiff/Petitioner NO. 2012-275; V. j CIVIL ACTION DAVID L. WILLIAMS, D.O., CARLISLE MEDICAL PROFESSIONAL LIABILITY ACTION HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED CONFIDENTIAL PETITION FOR;APPROVAL OF SETTLEMENT AN PROPOSED DISTRIBUTION OF PROCEEDS OF SURVIVAL ACTIONS AND NOW COMES Alycia M. Sherman, Administratrix of the Estates of Ava and Lily Myers, deceased, by.and through her attorneys, Angino & Rovner, P.C., and hereby petitions this Honorable Court, pursuant to Pa.R.C.P. 2206, for an Order approving the proposed settlement and the proposed distribution of proceeds. 532125 1 1. Petitioner's decedents died on September 9, 2010. 2. Petitioner,Alycia M. Sherman, is the Mother and Administratrx for the Estates of Ava and Lily Myers, and was granted Letters of Administration of the Estates by the Register.of Wills of Perry County on December 6, 2411. See, Certificate of Grant of Letters attached hereto as Exhibit A. 3. Ms. Sherman is an adult individual,; citizen of the Commonwealth of Pennsylvania and currently resides at 24 Tunbridge Lane, Carlisle, Cumberland County, Pennsylvania. 4. The ;facts and occurrences hereinafter related took place at the Carlisle Regional Medical Center. Plaintiff Alycia M. Sherman had been admitted to the Medical Center on September 7, 2010, for decreased fetal rrlovelrlent ofeach twin, abdominal pain; and threatened pre-term labor. 5. Plaintiff Alycia M. Sherman's prenatal and subsequent care was provided by . David L. Williams,D.O., Defendant herein. 6. A copy of the Complaint is attached hereto as Exhibit B. 7. The proposed settlement is for the payment of One-hundred Fifty ($150,000.00) i Dollars to each Estate to resolve all claims versus Defendant Williams and his practice. 8. The action as to the remaining Defendants will be discontinued by.Stipulation of the parties. ' 9. This case involved extensive discovery andl is currently on the Court's December 9, 2013, Trial List. 10. Should this case proceed to trial, liability would be greatly contested by the instant Defendants. 532125 2 i 11. The instant action was resolved following an all day Mediation on August 1, 2013. 12. Petitioner and her counsel believe the proposed settlement is fair, just and reasonable given the liability issues and the defenses raised in the instant action. 13. Petitioner and her counsel believe that settling the instant action is in the best interest of the Estates. 14. Attached hereto as Exhibit C is a copy of the proposed Release Agreement. 15. Petitioner retained the Law Firm of Angino & Rovner, P.C. to prosecute this action and entered into a Contingency Fee Agreement with said firm whereby said firm is to receive, for professional services, 35% of any amount recovered after suit is filed. A copy of the Fee Agreement is attached hereto as Exhibit D. 16. Although the Contingency Fee Agreement provides for the reimbursement of expenses incurred in prosecuting the instant action, Plaintiff's counsel is not charging any expenses to the instant settlements. 17. Given the nature of this action, The Estates' recoverable damages consist of survival action damages asserted under 42 Pa.C.S.A. §8302. Therefore, it is not necessary for Petitioner's counsel to contact the Pennsylvania Department of Revenue regarding a proposed distribution between wrongful death and survival action benefits. 18. Petitioner proposes a distribution of the settlement proceeds as follows: a. Counsel fees of 35%: $ 105,000.00; b. 100% of the balance to the Estate of Ava Myers-Survival Action: $ 97,500.00; and C. 100% of the balance to the Estate of Lily Myers-Survival Action: $ 97,500.00. 532125 3 19. Neither Petitioner nor her counsel are aware of any liens versus the Estates herein. 20. Petitioner is in agreement that the instant Settlement and Distribution of Proceeds is fair;just, reasonable, and in the best interest of the Estates and requests Your Honorable Court to approve same. 21. The parties have agreed to keep this settlement confidential. WHEREFORE, Petitioner respectfully requests that the Court approve this settlement and distribution and Order the Petition and Order approving settlement sealed. Respectfully submitted, ANGINO & ROVNER, P.C. d A. Sad squire PA I. 281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff/Petitioner Date: August , 2013 532125 4 VERIFICATION I, Alycia M. Sherman, Plaintiff hereby verify that the facts set forth in the foregoing Petition For Approval of Settlement and Proposed Distribution of Proceeds of Survival Actions are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904,relating to unworn falsification to authorities. WITNESS: AL CIA M SHERMAN Date: 532125 lam ' REGISTER OF WILLS Certificate of Grant of Letters Administration File No.: 5011-0197 ESTATE OF: AVA MARIE MYERS Social Security No: 1 ' WHEREAS, AVA MARIE MYERS, late of Spring Township, who died on the 9th day of September, 2010, and WHEREAS,the grant of letters of administration is required for the administration of the estate. THEREFORE, I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania, have this day granted LETTERS OF ADMINISTRATION to Alycia M Sherman, 5092 Waggonger Gap Road, Landisburg, PA 17040 who has duly qualified as Administratrix of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at New Bloomfield, Perry County, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 6th day of December, 2011. Register of Wil s �T REGISTER OF WILLS Certificate of Grant of Letters Administration File No.: 5011-0198 ESTATE OF: LILY MARIE MYERS Social Security No: WHEREAS, LILY MARIE MYERS, late of Spring Township, who died on the 9th day of September, 2010, and WHEREAS,the grant of letters of administration is required for the administration of the estate. THEREFORE, I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania, have this day granted LETTERS OF ADMINISTRATION to Alycia M Sherman, 5902 Waggoners Gap Road, Landisburg, PA 17040 who has duly qualified as Administratrix of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at New Bloomfield, Perry County, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 6th day of December, 2011. Regist of Wil r '. i �� i ._. .. _ _. __- ----°_ I i i ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID#: 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E=mail:rsadlock@angino-rovner.com ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff 7J NO. �j V. CIVIL ACTION DAVID L. WILLIAMS,D.O., LEE MEDICAL PROFESSIONAL LIABILITY ACTION MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC JURY TRIAL DEMANDED d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or.property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 485172 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las sigurentes PAGINAS, USTED TIENEN QUE TOMAR ACCION DENTRO VEINTE (20) dial despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un aborgado y archivando por escrito con la Corte sus defenses o objections a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerio el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted pro la Corte sin mas aviso por cualquier dinero reclamando en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o ostros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGANDO ENSEGUIDA. SI USTED NO TIENE UN ABORGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON 1NFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 485172 'LI-01"i'fl.F. :_ii THE PRO T HM-l?T;�a.R',' 2312 JAN 23 PM 2, 02 LUMBERLL ANU C0UNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID#: 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock @angino-rovner.com ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff NO. 7� V. -- --C-IVII-ACTION — -- — DAVID L. WILLIAMS,D.O., LEE MEDICAL PROFESSIONAL LIABILITY ACTION MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC JURY TRIAL DEMANDED d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants COMPLAINT 485172 1 1. Plaintiff Alycia M. Sherman is an adult individual and parent and natural guardian of Ava and Lily Myers, deceased twin minors, and residing in Landisburg, Perry County, Pennsylvania. 2. Plaintiff Alycia M. Sherman has been appointed Administratrix of the Estates of Ava and Lily Myers by the Register of Wills of Perry County, PA on December 6, 2011. Copies of the Letters of Administration are attached hereto as Exhibit A. 3. Defendant David L. Williams, D.O. (hereinafter "Defendant Williams") is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania and an employee, agent and/or apparent agent of Defendants Lee Meyers and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle, and Women's Health Specialists of Carlisle, LLC located at 19 Sprint Drive, Suite 2, Carlisle, Cumberland County, Pennsylvania, 17015. Defendant Williams holds himself out as a specialist in obstetrics and gynecology. Plaintiffs are asserting a professional liability claim against this Defendant. A Certificate of Merit is filed herewith, Exhibit B. 4. -Defendants Lee Meyers and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle, and Women's Health Specialists of Carlisle, LLC (hereinafter "Defendants Women's Health") are a licensed healthcare facility providing a full range of medical services in obstetrics and gynecology, located at 19 Sprint Drive, Suite 2, Carlisle, Cumberland County, Pennsylvania, 17015. Plaintiffs are asserting a professional liability claim against these Defendants. A Certificate of Merit is filed herewith, Exhibit C. 5. Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center (hereinafter "Defendant Carlisle Regional") is a professional corporation created under the laws 485172 2 of the Commonwealth of Pennsylvania, which at all relevant times employed Defendant Williams, D.O. and various nurses to care for patients. Plaintiffs are asserting a professional liability claim against this Defendant. A Certificate of Merit is filed herewith, Exhibit D. 6. Plaintiff Alycia M. Sherman began her prenatal care in March of 2010 with Defendant Williams at the office of Defendants Women's Health. Her prenatal care was appropriate. 7. Plaintiff Alycia M. Sherman's care was also co-managed by Maternal Fetal Medicine of Central Pennsylvania, who is not a Defendant in this lawsuit. Because of the monochorionic placement of the twins, the pregnancy was monitored closely for evidence of Twin-Twin Transfusion Syndrome (hereinafter"TTTS) and preterm labor. 8. During the second trimester, Plaintiff Alycia M. Sherman had ultrasound evaluations at 16, 19, 21, 23, 25 and 27 weeks gestation. 9. The last ultrasound performed prior to Plaintiff Alycia M. Sherman's hospitalization was on September 1, 2010 at 27 and 2/7 weeks gestation. This evaluation was performed at Maternal Fetal Medicine and had reassuring results. There was no suggestion of TTTS at that time. 10. On September 7, 2010 at 28 weeks gestation, Plaintiff Alycia M. Sherman was admitted to Defendant Carlisle Regional for decreased fetal movement of each twin, abdominal pain and threatened preterm labor. 11. Plaintiff Alycia M. Sherman was admitted at 1735 p.m. The admission cervical exam was 2cm/25%/anterior with vertex presentation of each fetus. The nursing notes document this exam by Defendant Williams at 1836 p.m. 485172 3 12. Because of maternal obesity, ultrasound was used to locate the fetal heart rates for each twin. 13. At 2214 p.m., difficulty monitoring the fetal heart rates prompted the request of Defendant Williams to allow intermittent fetal heart rate monitoring to "allow the patient.to.sleep this evening." Fetal monitoring was performed approximately every two to four hours, typically for about 30 minutes. 14. The admission History and Physical exam was dictated on September 8, 2010 at 0828 a.m. It describes a limited bedside ultrasound with viable twins in the vertex/vertex presentation. Plaintiff Alycia M. Sherman was assessed as having threatened preterm labor and the plan was for tocolysis with nifedipine and to repeat the ultrasound when the patient was stable. 15. Nursing documentation describes mild uterine irritability on the uterine tocometer. Documentation further notes that the patient was unaware of the uterine activity. 16. Corticosteroid injections were begun to facilitate fetal lung function if delivery became necessary. Plaintiff Alycia M. Sherman received 2 doses of subcutaneous Terbutaline and then began Procardia 20 mg every 6 hours. 17. Fetal monitoring at admission was described as "moderate variability" for both twins. 18. Over the first 24 hours of admission, it was noted that the fetal monitoring was subsequently and consistently described as "minimal variability". 19. On September 8, 2010 at 0815 a.m., Defendant Williams saw Plaintiff Alycia M. Sherman. He reported the cervical exam as unchanged and that she had been started on nifedipine and had received Celestone. 485172 4 20. On September 8, 2010 at 1351, nursing notes indicate that an ultrasound was needed to determine fetal heart positions and fetal heart rate locations. At 1459, Dr. Williams was paged to request that an ultrasound be performed. - ------ - 2.1. . . On September-S, 20 10 at.1535, Plaintiff_Alycia.M_Sherman reported that she felt.__,_ _ the need to void while on the bedpan, but was unable to tell whether she was voiding or not. Plaintiff Alycia M. Sherman "felt like something was trickling out but does not feel like she is peeing." At 1538, a nurse examined the perineum, saw no visible leaking of fluid and placed nitrazine paper on her perineum. There was a negative result. It is noted that no sterile speculum exam was performed to formally assess for evidence of ruptured membranes. 22. At 1714, Dr. Williams performed an ultrasound to determine fetal heart rate positions. By nursing documentation, the ultrasound was performed for approximately 10 minutes. Nursing notes also indicate that the physician reviewed the strip and that there was no additional change in the cervical exam: 1-2 cm/25%/anterior/bulging lower uterine segment. The physician note describes resolution of the uterine contractions with nifedipine and the plan is 'for continued bedrest, nifedipine and there was no comment regarding the ultrasound results, specifically no description of amniotic fluid discrepancy. 23. At 1840, the records suggest the nurse asked Dr. Williams to review the fetal monitoring. There is no MD documentation of the strip review and its interpretation. 24. During the evening of September 8, 2010 and into the early morning of September 9, 2010, the periods of fetal monitoring were subsequently described as "absent variability"in the nursing notes. 25. On September 9, 2010 at 1129, it appears Dr. Williams reviewed the fetal monitoring. There is no MD documentation of the strip review and its interpretation. 485172 5 26. At 1330, Plaintiff Alycia M. Sherman went to the radiology department for a "complete obstetrical ultrasound for further evaluation of the fetal status." 27. At 1417, it is believed Dr. Williams charted that he was called to radiology to v:_view _the._ullrasound, with-.`.`no-.feW_ caxdiac..activity_.in._Twin-.B,.,.suggesting. fetal._demise. Distention of the urinary bladder and stomach of Twin A. The amniotic fluid volume appears prominent, suspicious for polyhydramnios." 28. At 1543, Plaintiff Alycia M. Sherman was returned to Labor & Delivery and was placed on the fetal monitor,where Twin A was found to have a decreased heart rate, consistently in the 90-100's. 29. An emergent C-section was performed. "Twin B...was found to be a classic stuck twin of twin-twin transfusion with very little amniotic fluid and membranes tightly around the fetus." Twin A subsequently died, despite extensive resuscitation. COUNT I ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANT DAVID L. WILLIAMS D.O. 30. Paragraphs 1 through 29 are incorporated herein as if set forth at length. 31. Defendant Williams who holds himself out to be a specialist in the field of obstetrics and gynecology, was negligent and careless in his substandard medical treatment of Plaintiff Alycia M. Sherman as follows: a) Failure to continuously and properly monitor Plaintiff Alycia M. Sherman and the Estates of Ava and Lily Myers from their first arrival at Defendant Carlisle Regional Medical Center; b) Failure to properly read, review, interpret and respond to any fetal monitoring that was done for Plaintiff Alycia M. Sherman and the Estates of Ava and Lily Myers; 485172 6 c) Failure to properly monitor, test, and evaluate the fetal health status of the Estates of Ava and Lily Myers; d) Failure to deliver Ava and Lily Myers in a more timely fashion; .. _._=..P)-Failure.to .order and.obtain all necessary-tests to monitor the.health and.we11- being of Ava and Lily Myers to assure their safe delivery; f) Failure to take immediate and appropriate action and to examine Plaintiff Alycia M. Sherman after Plaintiff Alycia M. Sherman's membrane ruptured; g) Ignoring all tests that reported the status of Ava and Lily Myers as minimal or absent variability; h) Failure to obtain specialized care for Plaintiff Alycia M. Sherman and the Estate of Ava and Lily Myers. COUNT H ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V.DEFENDANTS LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENTS LLC d/b/a WOMEN'S HEALTH . SPECIALISTS OF CARLISLE AND WOMEN'S HEALTH SPECIALISTS OF CARLISLE LLC 32. Paragraphs 1 through 31 are incorporated herein as if set forth at length. 33. All of Plaintiff's damages were a-result of the negligent, careless and substandard care provided by Defendants Lee Meyers and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle and Women's Health Specialists of Carlisle, LLC, as follows: a) Defendant David L. Williams, D.O. was an employee, apparent or ostensible employee, agent or servant of Defendants Women's Health at all times relevant herein and thus Defendants Women's Health are negligent under the Doctrines of Respondeat Superior and Apparent Agency. 485172 7 COUNT III ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DEFENDANT CARLISLE HMA LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER • .. 3.4._..___..Paragraphs_l_.tbrough 33 are incorporated herein as if set forth in length,__..__._ . 35. All of Plaintiff's damages were a result of the negligent, careless and substandard care provided by Defendant Carlisle BMA, LLC d/b/a Carlisle Regional Medical Center as follows: a) Defendant David L. Williams, D.O. was an employee, apparent or ostensible employee, agent or servant of Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center at all times relevant herein and thus Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center is negligent under the Doctrines of Respondeat Superior and Apparent Agency. CLAIM I SURVIVAL'ACTION ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DAVID L. WILLIAMS D.O. LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECULISTS OF CARLISLE WOMEN'S HEALTH SPECIALISTS OF CARLISLE LLC AND CARLISLE HMA LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 36. Paragraphs 1 through 35 are incorporated herein as if set forth at length. 37. Plaintiff Alycia M. Sherman brings this action on behalf of the Estates of Ava and Lily Myers deceased, under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142 §2, 42 Pa.C.S.A. §8302. 38. Defendants' negligence, as alleged herein, was the legal cause of the deaths of Ava and Lily Myers. 39. Defendants' negligence, as alleged herein, significantly decreased the period of survival. 485172 8 40. Defendants' are liable to the Estates of Ava and Lily Myers for damages set forth herein. 41. Plaintiff Alycia Sherman, Administratrix of the Estates of Ava and Lily Myers, deceased, is filit g_clauris-onhchalf of_said Estates for the.damages suffered by the said Estates.by. .__ reason of deaths of Ava and Lily Myers, including Decedents' medical expenses, pain and suffering the Decedents underwent prior to death, the Decedents' loss of earnings and earning capacity, and all other damages properly recoverable under 42 Pa. C.S.A. §8302. CLAIM II WRONGFUL DEATH ALYCIA M. SHERMAN INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V. DAVID L. WILLIAMS D.O. LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE WOMEN'S HEALTH SPECIALISTS OF CARLISLE LLC AND CARLISLE HMA T.LC d/b/a CARLISLE REGIONAL MEDICAL CENTER 42. Paragraphs 1 through 41 of Plaintiff's Complaint are incorporated herein by reference. 43. Plaintiff's claim for damages for harm and injuries averred above pursuant to Pennsylvania's Wrongful Death Act.,42 Pa. C.S.A. §8301. 44. Plaintiff's harm and injuries resulted from the acts and omissions of the Defendants as set forth above. 45. The following are the names of all persons entitled to by law to recover damages for such wrongful death and their relationship to decadents: Name Relationship Address Robbie Myers Father Landisburg, PA 485172 9 46. As a direct result of Defendants' negligence, which caused the deaths of Ava and Lily Myers, the wrongful death beneficiaries have incurred funeral expenses. 47. As a direct result of the deaths of Ava and Lily Myers, the wrongful death bt=fici e have..�;�jfferc�d-a-p!,,,quniary curies loss,And have-been and in the future—will be.depr.ived of Decedents' services, contribution and support. CLAIM III ALYCIA M. SHERMAN,INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS V.DAVID L. WILLIAMS,D.O.,LEE MEYERS AND CARLISLE HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE,WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC AND CARLISLE RMA,LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 48. Paragraphs I through 47 of Plaintiffs Complaint are incorporated herein by reference. 49. -, Plaintiff Alycia M. Sherman is the mother and natural guardian of Decedents Ava and Lily Myers. 50. Plaintiff Alycia M. Sherman observed, first hand, the decline in health,the distress of her pregnancy and the ultimate death of her children which would not have occurred but for the Defendant's negligent conduct set forth above. 51. Plaintiff Alycia M. Sherman suffered emotional and physical harm, including but not limited to, sleeplessness, anxiety, and stress as a direct result of observing the declining health and well-being of her pregnancy and death of her daughters at the hands of Defendants, as set forth above for which she required treatment. 52. Plaintiff Alycia M. Sherman witnessed the decline in her pregnancy as she and her children were not properly treated and her children were not delivered in a timely fashion. 485172 10 53. As a direct and proximate result of the aforementioned actions and omissions of all Defendants as fully set forth above, Plaintiff Alycia M. Sherman was forced to suffer-the following that otherwise would not have occurred but for the negligence of the Defendants all to hergreat.determinant: a) severe mental anguish; b) emotional distress; c)physical pain and suffering; d.)witnessing the death of her children,Ava and Lily Myers. 54. Further, Plaintiff Alycia M. Sherman was caused to suffer financial responsibility for paying for the care of her children prior to their deaths, funeral expense and counseling expenses that but for the negligence of all Defendants would not have been necessary, and claim is made therefore. WHEREFORE, Plaintiff Alycia M. Sherman, Individually and as Administratrix of the Estates of Ava and Lily Myers, deceased, demands judgment against Defendants in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO&ROVNER,P.C. Rich Sadlocksquire No. 4729T**' 4503 . Front Street Harrisburg,PA 17110 (717)238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff Date: January 20, 2012 485172 4: REGISTER OF WILLS Certificate of Grant of Letters Administration File No.: 5011-0197 - ESTATE OF: AVA MARIE MYERS Social Security No: WHEREAS, AVA MARIE MYERS, late of Spring Township, who died on the 9th day of September, 2010, and WHEREAS, the grant of letters of administration is required for the administration of the estate. THEREFORE, I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania,have this day granted LETTERS OF A.I)MINISTRATION to Alycia M Sherman, 5092 Waggonger Wrap Road,Landisburg, PA 17040 who has duly qualified as Administratrix of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at New Bloomfield,Perry County,Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal Of my Office on the 6th day of December, 2011. Regist�of Wil s Exhibit A REGISTER OF WILLS ' Certificate of Grant of Letters Administration File No.: 5011-0198 n ; ESTATE OF: LILY MARIE MYERS Social Security No: WHEREAS,LILY MARIE MYERS, late of Spring Township, who died on the 9th day of September,2010, and WHEREAS,the grant of letters of administration is required for the administration of the estate. THEREFORE, I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania,have this day granted LETTERS OF ADMIT'-USTR ATION to Alycia M Sherman, 5902 Waggoners Gap Road, Landisburg, PA 17040 who has duly qualified as Administratrix of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at New Bloomfield, Perry County, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 6th day of December,2011. Registe of Wil ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID#: 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock @angino-rovner.com ALYCIA M. SHERMAN,INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADM NISTRATRIX OF THE CUMBERLAND COUNTY,PA ESTATES OF AVA AND LILY MYERS, Plaintiff V. NO. DAVID L. WILLIAMS,D.O.,LEE MEYERS CIVIL,ACTION AND CARLISLE HMA PHYSICIANS MEDICAL PROFESSIONAL LIABILITY ACTION MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE,LLC, CARLISLE HMA,LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants Certificate of Merit as to David L. Williams,D.O. I,Richard A. Sadlock, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a asis 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; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for osecution of the claim against this defendant. Date: January 20, 2012 d A. ock Exhibit B 485172 ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mafl:.rsadlock@apgino-rovner.com ALYCIA M. SHERMAN,INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADM NISTRATRIX OF THE CUMBERLAND COUNTY, PA ESTATES OF AVA AND LILY MYERS, Plaintiff V. NO. DAVID L. WILLIAMS,D.O.,LEE MEYERS CIVIL ACTION AND CARLISLE HMA PHYSICIANS MEDICAL PROFESSIONAL LIABILITY ACTION MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC .d/b/a CARLISLE REGIONAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants Certificate of Merit as to Lee Meyers and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle and Women's Health Specialists of Carlisle,LLC I,Richard A. Sadlock, 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; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement -to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: January 20, 2012 Richard A. Sadlock Exhibit C 485172 ANGINO&ROVNER,P.C. Richard A-Sadlock Attorney ID#: 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock @angino-rovner.com ALYCIA M. SHERMAN,INDIVIDUALLY IN THE COURT OF COMMON PLEAS AND AS ADMINISTRATRIX OF THE CUMBERLAND COUNTY,PA ESTATES OF AVA AND LILY MYERS, Plaintiff V. NO. DAVID L. WILLIAMS,D.O.,LEE MEYERS CIVIL ACTION AND CARLISLE HMA PHYSICIANS MEDICAL PROFESSIONAL LIABILITY ACTION MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE,LLC, CARLISLE HMA,LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants Certificate of Merit as to Carlisle BAIA, LLC d/b/a Carlisle Regional Medical Center I,Richard A. Sadlock,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; AND/OR ( ') the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: January 20, 2012 Richard A. Sadlock Exhibit D 485172 i VERIFICATION I, Alycia A Sherman, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our ! i knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904,relating to unworn falsification to authorities. Date: ` — '. Date: i i i 485172 12 J s' FULL AND FINAL RELEASE 1. FOR AND IN CONSIDERATION of the sum of$500,000 paid to the undersigned, receipt of which is hereby acknowledged; and for the promise of payment in the amount of$150,000 made by the-Medical Care Availability and Reduction of Error Fund ("Mcare"), the undersigned do fully release and discharge David L. Williams, D.O., Southwest Physicians Risk Retention Group, Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle, Mcare, all other persons, governmental entities, associations and corporations whether or not named herein, their heirs, executors, administrators, attorneys, successors, assigns and insurers, and their respective agents, servants and employees (hereafter referred to collectively as "Releasees"), from any and all causes of action, claims and demands of whatsoever kind on account of all known and unknown injuries, losses and damages allegedly sustained by the undersigned and, specifically, from any claims or joinders for sole liability, contribution, indemnity or otherwise as a result of, arising from, or in any way connected with all medical professional health care services rendered by the above named Health Care Providers, and on account of which Legal Action was instituted by the undersigned in the Court of Common Pleas of Cumberland, Co., PA, Docket No. 2012-275. All sums set forth herein constitute damages on account of personal physical injuries or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. The undersigned does understand, and agrees, that the acceptance of said sum is in full accord and satisfaction of a disputed claim and that the payment of said sum is not an admission of liability by any party named herein. 2. It is expressly understood and agreed that this release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any further injuries, losses and damages which arise from, or are related to, the occurrence set forth in the Legal Action noted above. 3. The undersigned hereby agrees, on their behalf and on behalf of their heirs, executors, successors and/or assigns, to satisfy any and all valid liens that have been asserted and/or which could be or may be asserted for reimbursement of any medical benefits or other benefits provided to the undersigned by a third party as a result of the injuries claimed in the Legal Action referenced herein. Further, the undersigned shall satisfy, by way of payment, reduction, and/or compromise, any and all Commonwealth of Pennsylvania Department of Public Welfare and/or Medicare and/or other statutory liens and conditional payments that have been, or may be, asserted against the plaintiff or the proceeds 1 of this settlement. The undersigned shall satisfy and otherwise comply with any requirement for a Medicare Set-Aside and/or statutory and/or regulatory provision or requirement regarding the protection of assets from these settlement proceeds for future medical care and treatment. Additionally, the undersigned hereby agrees, on their behalf and on behalf of their heirs, executors, successors and/or assigns, to indemnify and save forever harmless the Releasees named in this document from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to or arising from the Legal Action noted above. 4. In the event court approval is required for the settlement, compromise or resolution of this claim, this settlement is conditioned upon plaintiff promptly undertaking any and all necessary action to obtain same. It is further understood and agreed that if Court approval is required for any aspect of the settlement of this claim that, notwithstanding the provisions of Pa. R.C.P. 229.1, defendant shall not be obligated to pay the settlement funds for a period of twenty (20) days from receipt of this executed Release or Court Order approving settlement, whichever is later, and, as further condition and agreement upon which this settlement is based, plaintiff agrees to waive any and all provisions of Pa. R.C.P. 229.1 with respect to entitlement of interest. 5. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if the released parties are subjected to further legal action or claim which could not have been instituted or presented had proper court approval been obtained by plaintiff, then plaintiff will indemnify the released parties for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claims or action, and for any judgment resulting from any such claim or action. 6. It is further understood and agreed that this is the complete release agreement, and that there are no written or oral understandings or agreements, directly or indirectly, connected with this release and settlement, that are not incorporated herein. This agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators, and legal representatives of the respective parties hereto. 7. It is fully understood and agreed that the amount promised to be paid by Mcare shall not become payable until December 31, 2013. 2 8. It is further understood and agreed and made part hereof, that the undersigned, their family and representatives and their attorney(s) shall not comment, either directly or indirectly, on any aspect of this case or settlement to any member of the news media, or in any way publicize or cause to be publicized in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law-related publications, the facts of this case, the existence of this settlement and the terms and conditions of this settlement. If the undersigned, their family, representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever reasonable steps are necessary to seek to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. THE UNDERSIGNED HEREBY DECLARES that the tenns of this settlement have been completely read; and that they have discussed the terms of this settlement with legal counsel of their choice; and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above-mentioned, and for the express purpose of precluding forever any further or additional suits arising out of the aforesaid claims. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 20 (SEAL) Alycia M. Sherman, Individually and Administratrix of the Estates of Ava &Lily Myers, Deceased Signatory Social Security number Signatory Address 3 Injured Party Social Security number Injured Party Date of Birth (SEAL) Robert Myers Signatory Social Security number Tax ID # -Plaintiff Attorney Firm SWORN to and subscribed before me this Day of 20 NOTARY PUBLIC If Medicare Eligible and Known: 1. Injury Code: 2. ICD-9 Diagnosis Code(s): 4 0 � \/ 1✓� . POWER OF ATTORNEY AND FEE AGREEAnNT By SIGNING THIS AGREEMENT, I(WE)ACKNOWLEDGE THAT I(WE)HAVE ENGAGED THE LAW FIRM OF ANGINO&ROVNER, P.C. (HEREINAFTER A&R),TO REPRESENT ME(US)UNDER THE FOLLOWING TERMS AND CONDITIONS: l. A & R may 000y(our) behalf secure medical, work and other similar records, conduct ooinvestigation, negotiate, and if necessary start suit against for my (our) 'injuries and looses with respect to full power and authority to appear ou behalf of the undersigned inany i Court ofieoord or in any administrative or other proceeding, to do and perform all and every act and ddug whatsoever that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned might or could du if personally present; burehv ratifying and confirming all that said attorneys ubn}l lawfully do or uaoxo to be done therein bv virtue of this power ofattorney. 2. l(vvu) understand that so long as the case is handled bvaoA &c Rattonoey, I (we) will not he responsible for any fees and/or e?p000ua oul¥ou u recovery or benefit iaobtained. 3. Ifmy/our case is handled to a successful completion by an A &R attorney, I(we) agree to pay A&R a fee calculated on the total recovery, for time expended, as nmdbzcd on* the following chart. I hvo\ also agree to pay A 6t I( all reasonable ot f-pocket expenses vvdbottbe payment of interest, a. SETTLEMENT PRIOR TO STARTING SUIT 30% 70% b. SETTLEMENT FOLLOWING SUIT BUT PRIOR TO PRETRIAL CONFERENCE OR APPOINTMENT OF ARBITRATORS FOR ARBITRATION 35% 65% c. SETTLEMENT AT OR AFTER A PRETRIAL CONFERENCE OR SETTLEMENT AFTER THE APPOINTMENT OF ARBITRATORS FOR ARBITRATION; SETTLEMENT OR VERDICT AT TRIAL OR ARBITRATION;SETTLEMENT AFTER TRIAL,ARBITRATION,OR APPEALS. 40% 60% _JF NO-FAULT RECOVERY OR NON-MONETARY BENEFIT: FJCHARD C. ANGINO ($750); NEIL J. ROVNER ($450); ASSOCIATES($400)PER HOUR BUT NOT TO ExcEED 40%OF TOTAL RECOVERY OF VALUE OF BENEFIT OTHER CASES 1 4. Once an attorney fee is established based upon work performed to achieve a settlement or verdict, any additional settlements will heu1 the same percentage or possibly higher if additional work is performed to achieve the settlement or verdict. 5. If my (our) case was fb to dL llbv another attorney or law firm, A&sIl may pay aportion of its fee tn forwarding counsel. You will not pay a larger fee because ufthe fee splitting arrangement. 6' D[for any reason Ihwe\take ouy/on6 case to another attorney or law firm including u former A&ll attorney urhandle it myself/ooraelveo\^I(nn)recognize that A6bR has, io good faith, expended money and time for ouy (onhhponfitand I(we)therefore agree topay, or have my (our) new attorney pay, immediately opuo severing the &R attorney/client relationship, all the out-of-pocket expenses incurred on my(our) case plus interest ut the rate of 6%per unonnz from the date of each expenditure. In addition, when the case is successfully concluded, I(we) agree to pay or to direct my(our) new attorney to pay ama fee 20%ofthe gross recovery toA6b]l. ' 7. Io the event that any settlement io made on a structured or deferred payment basis, & 6t Ylshall bu entitled toreceive their percentage based on the present value of the structured settlement, if paid as a lump sum at the time ofsettlement. 8. If by settlement oroperation of law, benefits are to be paid periodically iuthe future,the attorneys' fee due to 8ogbon 6t Ilovoer, I`.C.` on such benefits will be calculated by taking the present value of such future payments ut the time nfthe award based upon the dboo existing federal funds discount rate and will be paid in a lump yoco to the attorneys at the time of settlement orverdict. ' I(we)agree not to settle or discuss settlement of my(ond case without the written consent of A&R. ]6217O(revised 8DO) 1 PLEASE COMPLETE PERSQk,\kL INFORMATION BELOW Receiving Support from Dept of Welfare or Public Y s N (circle one) Assistance(Including Cash) Receiving Medicare/Medicaid Yes (circle one Medicare# Under child support order? Yes circle one) Are you in arrearages with child support? Yes /N:oyLcircle one Are you currently in bankruptcy? Ye o (circle one) -- — k Are you currently registered with any on-line Yes o (circle one) information page,such as Facebook,Twitter,My Space,Linked in,etc. Do you agree to NOT post any information Ye No (circle one) relative to your accident claim and our I representation on such sites? (initial) Injured's Name: y If Married, Spouse's Name: Injured's Social Security Number: If Married, Spouse's Social Security Number: Injured's Date of Birth: If Married, Spouse's Date of Birth: Address: E-Mail Address: Telephone : HomeL/KWWork Cellular7v By SIGNING THIS AGREEMENT, THIS PA DAY OF 20_ I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ, jNDERSTOOD,AND RECEIVED A COPY OF SAME AND AGREE WITH ITS TERMS AND CONDITIONS. WITNESS(ES)- CLIENT(S): (SEAL) (SEAL) I recognize that in orde o investigate my claim, Angino & Rovner, P.C., will obtain my medical records and other personal medical information. I understand Angino&Rovner may disclose my medical information to experts, insurance carriers, defendants, other attorneys and/or other individuals necessary to pursue my case. I have been informed that I have the right to privacy in my medical records under the Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320, et seq. If this Act would be deemed to apply to disclosures made by Angino&Rovner, I hereby waive any"rights I may have under the aforementioned Act and hereby hold Angino&Rovner,P.C.,harmless for any actions which may be affected by HIPAA or the regulations thereunder, AV-is (Client's initials) I understand that Angino&Rovner will retain my file for a period of five years after the conclusion of my case. I further acknowledge that Angino & Rovner will destroy my file at the end of the five year period. Exceptions to this policy may include cases involving minors, annuities/structured settlements, and worker's compensation cases settled by partial compromise and release. I have no expectation that my file will be retained permanently. 14 K& (Client's Initials) I (We) acknowledge pursuant to Act 109 of 2006, which became law on July 7, 2006, that a statutory lien has been created by the Pennsylvania Legislature which requires me (us)to provide information concerning any Orders or Agreements to pay child support and any arrearages that may be due at the time of settlement or verdict. I (we) also recognize that the law requires the law firm of Angino and Rovner,P.C.to verify with the Pennsylvania Department of Public Welfare whether there are any arrearages in my(our)support obligation at the time of settlement. I (we) understand that the law requires my attorney pay the amount of the arrearages to the Pennsylvania State Disbursement Unit prior to distribution to me of the net proceeds of any settlement or award to me in any case where the net proceeds to client exceed$5000.00. 1 acknowledge that if there are child support arrearages owed at the time of settlement or verdict that it is statutory lien which Angino and Rovner,P.C.must confirm and honor. (Client's Initials) 52178(revised 8/10) 2 CERTIFICATE OF SERVICE AND NOW, this day of August, 2013, I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of PLAINTIFF'S CONFIDENTIAL PETITION FOR APPROVAL OF SETTLEMENT AND PROPOSED DISTRIBUTION OF PROCEEDS OF SURVIVAL ACTIONS was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendants David L. Williams,D.0. and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle Marc T. Levin, Esquire Weber,Gallagher Simpson Stapleton Fires &Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HMA,LLC, d/b/a Carlisle Regional Medical Center Ma IV.A. Manno 532125 c� d.. ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff NO. 2012-275 V. CIVIL ACTION DAVID L. WILLIAMS, D.O., CARLISLE MEDICAL PROFESSIONAL LIABILITY ACTION HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S-HEALTH SPECIALISTS OF,CARLISLE, CARLISLE HMA,-LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED ORDER APPROVING SETTLEMENT AND NOW, this day of , 2013, upon consideration of the Petition for Approval of Settlement and Proposed Distribution of Proceeds of Survival Actions, the Petition for Court Approval is hereby GRANTED. Plaintiff/Petitioner is authorized to settle the claims of each Estate for One- hundred Fifty Thousand($150,000.00)Dollars by signing the Release attached to this Petition. The proceeds are to be distributed as follows: a. Richard A. Sadlock, Esquire-Counsel Fees: $ 105,000.00; b. Estate of Ava Myers-Survival Action: $ 97,500.00; and C. Estate of Lily Myers-Survival Action: $ 97,500.00. 532125 . u� The Court hereby Orders and directs that the Petition and Order approving this settlement be sealed, not to be opened without further Order of Court. BY THE COURT: J. U� Ae Distribution: eG-t� I A Richard A.Sadlock,Esquire, Angino & Rovner, P.C.; 4503 N. Front Street, Harrisburg, PA 17110; ph# (717) 238-6791; rsadlock @angino-rovner.com, Counsel for Plaintiff. Kevin E. Osborne, Esquire, Marshall, Dennehey, Warner, Coleman & Coggin, 4200 Crums Mill Road, Suite B Harrisburg, PA 1,7112, ph# (717) 651-3500, keosborne @mdwcg.com, Counsel for Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle. ,,%farc T. Levin, Esquire, Weber, Gallagher, Simpson, Stapleton, Fires &Newby, LLP, Fulton Bank Building, 200 North Third Street, Suite 9A, Harrisburg, PA 17101,ph# (717) 237-6942, mlevin @wgiaw.com, Counsel for Defendant Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center. C�a a ,s /'Y1,M s/9//-3 532125 t • WEBER GALLAGHER SIMPSON ' STAPLETON FIRES&NEWBY LLP i,i I - By: Marc T. Levin ;a i} " "` `Attorneys for Defendant,Carlisle HMA,LLC ID#70294 ,, �,_ /a Carlisle Regional Medical Center Fulton Bank Building, lM coo 200 North Third Street, Suite 9A rIS't'dVAIA Harrisburg,PA 17101 (717)237-6940 ALYCIA M. SHERMAN, : IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS : CUMBERLAND COUNTY, PENNSYLVANIA ADMINISRATRIX OF THE ESTATES : OF AVA AND LILY MYERS, Plaintiff • • v. : CIVIL ACTION DAVID L. WILLIAMS, D.O., LEE : MEDICAL PROFESSIONAL MEYERS AND CARLISLE HMA : LIABILITY ACTION PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH : NO. 12-275 CIVIL SPECIALISTS OF CARLISLE, . WOMEN'S HEALTH SPECIALISTS OF : CARLISLE, LLC, CARLISLE HMA, LLC : STIPULATION OF DISMISSAL d/b/a CARLISLE REGIONAL MEDICAL : CENTER, Defendants : JURY TRIAL DEMANDED STIPULATION OF DISMISSAL/DISCONTINUANCE Pursuant to Pennsylvania Rule of Civil Procedure 229 It is hereby stipulated and agreed by and between the parties to the above entitled action, through their representative attorneys, that Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, be dismissed with prejudice and without costs to any party. Richard A. , squire Marc T. Levin, Esquire Angino & Rovner, P.C. Weber Gallagher Simpson 4503 North Front Street Stapleton Fires &Newby, LLP Harrisburg, PA 17110 Fulton Bank Building 200 North Third Street, Suite 9A Attorney for Plaintiff Harrisburg, PA 17101 Date:1 / Attorneys for Defendant Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center./ Date: 11(//3/t5 Kevin E. Osborne, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management LLC Date: '' j `t ' 1 CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Richard A. Sadlock, Esquire Angino &Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110-1708 Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman& Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, E`quire Attorney ID# 70294 DATE: E /i&/13 ALYCIA M. SHERMAN, INDIVIDUALLY IN THE COURT OF COMMON PLEAS OF AND AS ADMINISTRATRIX OF THE CUMBERLAND COUNTY, PENNSYLVANIA ESTATES OF AVA AND LILY MYERS, NO. 12-275 Plaintiff MEDICAL PROFESSIONAL LIABILITY V• ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA JURY TRIAL DEM EN PHYSICIANS MANAGEMENT LLC d/b/a ' ' wr� WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH �c� - ,-F SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, ` ` Defendants ORDER DISMISSING DEFENDANTS LEE MEYERS AND WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC s AND NOW, this day of Mtgtrst, 2013, the Court, having reviewed the Stipulation of all parties to discontinue the action against Defendants Lee Meyers and Women's Health Specialists of Carlisle, LLC, the Court hereby APPROVES said Stipulation and orders that the action is discontinued as to Lee Myers and Women's Health Specialists of Carlisle, LLC. BY THE COURT: C istylee L. Peck, Judge Distribution List: chard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 V-�"evin E. Osborne, Esquire Marshall, Dennehey, Warner & Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ,/Marc T. Levin, Esquire Weber, Gallagher, Simpson, Stapleton, Fires &Newby LLP Fulton Bank Building 200 North 3rd Street, Suite 9A Harrisburg, PA 17101 05/1088234.v 1 Of MARSHALL,DENNEHEY, WARNER, COLEMAN& GOGGIN By: Kevin E. Osborne, Esquire $ P1 09 Attorney ID#34991 PEV�S YN A N1U,i T y 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3713 keosbome@mdwcg.com Attorney for the Defendants David L. Williams, D.O. and Carlisle HMA Physicians Management, LLC ALYCIA M. SHERMAN, INDIVIDUALLY IN THE COURT OF COMMON PLEAS OF AND AS ADMINISTRATRIX OF THE CUMBERLAND COUNTY, PENNSYLVANIA ESTATES OF AVA AND LILY MYERS, : NO. 12-275 ' Plaintiff MEDICAL PROFESSIONAL LIABILITY V. ACTION DAVID L. WILLIAMS, D.O., LEE MEYERS AND CARLISLE HMA JURY TRIAL DEMANDED PHYSICIANS MANAGEMENT, LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, WOMEN'S HEALTH SPECIALISTS OF CARLISLE, LLC, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants STIPULATION TO DISMISS AS TO FEWER THAN ALL DEFENDANTS PURSUANT TO PA R.C.P.229(B)(1) It is hereby stipulated, consented to and agreed by the undersigned attorneys that Defendants, Lee Meyers and Women's Health Specialists of Carlisle, LLC, are dismissed pursuant to Pa. R.C.P. 229(b)(1) from the above-captioned action with prejudice. It is further stipulated and agreed by and among the parties that the caption of the within action shall hereinafter read as follows: ALYCIA M. SHERMAN,INDIVIDUALLY AND AS IN THE COURT OF COMMON PLEAS OF ADMINISTRATRIX OF THE ESTATES OF AVA CUMBERLAND COUNTY,PENNSYLVANIA AND LILY MYERS, Plaintiff NO. 12-275 V. MEDICAL PROFESSIONAL LIABILITY ACTION DAVID L. WILLIAMS,D.O.,CARLISLE HMA PHYSICIANS MANAGEMENT,LLC d/b/a JURY TRIAL DEMANDED WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA,LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants STIPULATED BY: lo Rich adlock, Esquire Kevin E. Osborne, Esquire Vi Rovner, P.C. Marshall, Dennehey, Warner, 4 North Front Street Coleman& Goggin Harrisburg, PA 17110-1708 4200 Crums Mill Road Attorney for Plaintiffs Harrisburg, PA 171112 Attorney for David L. Williams, D.0. and Carlisle HMA Physicians Management, LLC d/b/a Women's Health Specialists of Carlisle .. Marc T. Levin, Esqu' e Weber, Gallagher, Simpson, Stapleton, Fires &Newby LLP Fulton Bank Building 200 North 3rd Street, Suite 9A Harrisburg, PA 17101 Attorney for Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center 05/854227.x1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 7th day of May, 2012,via United States First-Class Mail,postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg,PA 17110-1708 Attorney for Plaintiffs Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires &Newby LLP Fulton Bank Building 200 N. 3`d Street, Suite 9A Harrisburg,PA 17101 Attorney for Carlisle Regional Medical Center MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: � �y Kevin E. Osborne, Esquire 05/854227.v 1 tuijj P � �23 Ft� /: 38 U; BERG PE1�tdS y @�1AF1 Y ANGINO&ROVNER,P.C. Richard A.Sadlock Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com ALYCIA M. SHERMAN, IN THE COURT OF COMMON PLEAS INDIVIDUALLY AND AS CUMBERLAND COUNTY, PA ADMINISTRATRIX OF THE ESTATES OF AVA AND LILY MYERS, Plaintiff NO. 2012-275 v. CIVIL ACTION DAVID L. WILLIAMS, D.O., CARLISLE MEDICAL PROFESSIONAL LIABILITY ACTION HMA PHYSICIANS MANAGEMENT LLC d/b/a WOMEN'S HEALTH SPECIALISTS OF CARLISLE, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, satisfied and discontinued with prejudice. ANGINO & ROVNER, P.C. .r• . Sadlock, Es• PA I.D. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock @angino-rovner.com Date: January 21, 2014 Counsel for Plaintiff 545082 CERTIFICATE OF SERVICE AND NOW, this 22nd day of January, 2014, I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin E. Osborne, Esquire Marshall, Dennehey, Warner, Coleman& Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Attorneys for Defendants David L. Williams,D.O. and Carlisle HMA Physicians Management LLC d/b/a Women's Health Specialists of Carlisle Marc T. Levin, Esquire Weber Gallagher Simpson Stapleton Fires &Newby LLP Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 Attorneys for Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center artie A. Manno 545082