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12-3626
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Michael A. Konetsco 101 Texaco Road Mech. Pa.17050 Case No. ??- Aow Civil Term VS. Civil Action Defendant(s) & Address(es) Holly Sprit Hospital 503 N. 21 st Camphill Pa. CRNP Selena Dipaolo, MD.Zeba A. Syed. Vascular Associates P.C. 816 Belvedere St. Carlisle Pa 17013. - - :7 ? ?_ ? . HIS/ ! G SURC-.& 7 W oRA / S 1 PRAECIPE FOR WRIT OF SUMMONS -_rW TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle choice) June 8 2012 Date : ???`??'•`?" `??? Signature of Print Name: )'',PL s'e Address: /Ol ??LG cv 46(Y, _ 17 OSa Telephone # 7 '5-e3 - 3 9 _ Supreme Court ID Number: WRIT OF SUMMONS TO: Holly Sprit Hospital,CRNP Selena Dipaolo, MD. Zeba A. Syed,Vascular Associates PC. Leber & Banducci YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) S/ COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: _-? 0/? b Deputy .4 /a3.7.S pcl p Hr C'a5ti 1290611 DICKIE, MCCAMEY & CHILCOTE, P.C..,,'=_` All BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 „ BY: Aaron S. Jayman, Esquire `e ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 N th 21 S L r+ r ?? or st treet ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144(Fax) MICHAEL A. KONETSCO, Plaintiff V. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire as counsel for Defendant, Holy Spirit Hospital (incorrectly captioned as Holly Spirit Hospital) in the above-captioned matter. Date: June 21, 2012 Respectfully submitted, p 78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 2lst Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Hospital DICKIE, MCCAMEY & CHILCOTE, P.C. By: Tho as airs, Esquire Sur ourt I.D. # CERTIFICATE OF SERVICE AND NOW, June 21, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Selena Dipaolo, CRNP Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 Leber & Banducci Plastic Surgery, LTD. 2807 N. Front Street Harrisburg, PA 17110 Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY FOR: DEFENDANT ATTORNEY I.D. NO. 78565 HOLY SPIRIT HOSPITAL BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 U? Plaza 21, Suite 302 4 ?jY 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 21, 2012 By: Tho s hers, Esquire Supr me rt I.D. #78565 Aaron . Jayman, Esquire Supreme Court I. D. #85651 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, June 21, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE' COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Selena Dipaolo, CRNP Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 Leber & Banducci Plastic Surgery, LTD. 2807 N. Front Street Harrisburg, PA 17110 Thomas M. Chairs, Esquire MICHAEL A. KONETSCO, Plaintiff V. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - MEDICAL, JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this (361 day of VVnC , 2012, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Prothonotary Deputy Sarah W. Arosell, Esquire Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff 9v COUP t r t : YC,Y,Q €N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., NO. 12-3626 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendant Leber & Banducci Plastic Surgery, Ltd. in the above matter. Respectfully submitted, THOMAS, THOMAS & HA ER, LLP By: P-" Sarah W. Arosell, Esquire Attorneys for Defendant Leber & DATE: Banducci Plastic Surgery, Ltd. 1108784.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following by placing same in the United States mail, postage prepaid, on the ?,day of , Q±L4?2012: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2233 Selena Dipaolo, CRNP Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: t Sarah W. Arosell, Esquire 1108784.1 l Sarah W. Arosell, Esquire Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 saroselt@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Michael A. Konetsco, Plaintiff: You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). DATE: 6 101U1101 1108790.1 Sarah W. Arosell, Esquire Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants COON! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS THOER, LLP By: aSarah W. Arosell, Esquire Attorneys for Defendant Leber & / Banducci Plastic Surgery, Ltd. DATE: 611 1108790.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following by placing same in the United States mail, postage prepaid, on the day of Qt?? , 2012: 9 Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011-2233 Selena Dipaolo, CRNP Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: a4a ulc? Sarah W. Arosell, Esquire 1108790.1 L +E-fir FIC i` R0T1 ONO'tAR%i BY: STEVEN D. COSTELLO E-MAIL: scostello@postschell.com I.D. # 37288 BY: REGINA M. BLEWITT E-MAIL: rblewitt@postschell.com I.D. # 205644 POST & SCHELL, P.C. 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 PHONE: 610-774-0322 MICHAEL A. KONETSCO Plaintiff vs. HOLY SPIRIT HOSPITAL; SELENA DIPAOLO, CRNP; ZEBA A. SYED, M.D.; VASCULAR ASSOCIATES, P.C.; LE:BER & BANDUCCI PLASTIC SURGERY, LTD. Defendants ENTRY OF APPEARANCE/JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Selena Dipaolo in the captioned matter. Also, please enter at this time our demand for a trial by twelve jurors. ATTORNEY FOR DEFENDANT, SELENA DIPAOLO, CRNP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION .-- MEDICAL PROFESSIONAI. LIABILITY ACTION JURY TRIAL DEMANDED 7012 JUL 16 PM 3: 29 CUMBERLAND COUNTY PENNSYLVANIA POST "CHELL, P.C. Dated: July 12, 2012 By: Steven D. Costel , Esquire Regina M. Blewitt, Esquire Attorney For Defendant Selena Dipaolo CERTIFICATE OF SERVICE I, STEVEN D. COSTELLO, ESQUIRE, attorney for Defendant, SELENA DIPAOLO hereby state that a true and correct copy of the foregoing Entry of Appearance/Demand for J4y Trial, was sent by first-class mail, postage prepaid on the date set forth below, was served up?n the following individual(s): Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21St Street; Suite 302 Camp Hill, PA 17011-3700 Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 POST & SCHELL, P.C. By: -JLX "X\'9X_J Dated: 7/12/2012 tev D. Costtllo, Esquire Attorney For Defendan Selena Dipaolo, CRNP -2- BY: STEVEN D. COSTELLO E-MAIL: scostello@postschell.com I.D. # 37288 BY: REGINA M. BLEWITT E-MAIL: rblewitt@postschell.com I.D. # 205644 POST & SCHELL, P.C. 1245 S. CEDAR CREST BLVD; SUITE 300 ALLENTOWN, PA 18103 PHONE: 610-774-0322 MICHAEL A. KONETSCO Plaintiff VS. HOLY SPIRIT HOSPITAL; SELENA DIPAOLO, CRNP; ZEBA A. SYED, M.D.; VASCULAR ASSOCIATES, P.C.; LEBER & BANDUCCI PLASTIC SURGERY, LTD. Defendants f,r ?q Cr" <Cy -+v 3 C c? v? c ATTORNEY FOR DEFENDANT, SELENA DIPAOLO, CRNP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION -- MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof suffer the entry of a Judgment of Non Pros. POST &SCHELL. P.C. BY: Dated: 7/6/2012 'Stern D. Cost o, Esquire Regina wilt, Esquire Attorney For Defendant, Selena Dipaolo, CRNP RULE TO FILE COMPLAINT AND NOW, this ?D day of J Ul , 201 , a Rule is herel granted upon Plaintiff to file a Complaint herei 'thin twenty (2 ys after service hereof suffer entry of Judgment of Non Pros. Prothono ca Ar CERTIFICATE OF SERVICE I, STEVEN D. COSTELLO, ESQUIRE, attorney for Defendant, SELENA DIP. hereby state that a true and correct copy of the foregoing Praecipe for Rule to File with Rule to File Complaint, was sent by first-class mail, postage prepaid on the date set below, was served upon the following individual(s): Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21" Street; Suite 302 Camp Hill, PA 17011-3700 Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 Dated: 7/12/2012 Attorney ForJ134 Dipaolo, CRNP -2- POST & SCHELL, P.C. . FILED-OFPICE G- THE PROTHONOTAR'i FOULKROD ELLIS Professional Corporation 2012 JUL 30 PM 1. 24 4000 Market Street Camp Hill, Pennsylvania 17011 CUMBERLANO COUNT-yorney for Defendant: Telephone: (717) 909-7006 PENNSYLVANIA Zeba A. Syed, M.D. Fax: kii/ Yvy-o7j MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA HOLY SPIRIT HOSPITAL, SELENA CIVIL ACTION - LAW DIPAOLO, CRNP, ZEBA A. SYED, M.D., PROFESSIONAL MEDICAL NEGLIGENCE VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC NO. 12-3626 SURGERY, LTD., Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Zeba A. Syed, M.D., in the captioned action. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION uh- Date: By. Leigh A.J. llis, Esquire Attorney . No. 53229 leigh(ae,fo krod.com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindyAfoulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 26th day of July, 2012, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey & Chilcote, PC 42.5 N. 21st Street, Suite 302 Camp Hill, PA 17011-3700 (Counsel to Holy Spirit Hospital) Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel to Selena Dipaolo, CRNP) Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Leber & Banducci Plastic Surgery, Ltd.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Stacy L. Br on, Paralegal MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS OF, Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA HOLY SPIRIT HOSPITAL, SELENA CIVIL ACTION - LAW DIPAOLO, CRNP, ZEBA A. SYED, M.D., PROFESSIONAL MEDICAL NEGLIGENCE VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC NO. 12-3626 SURGERY, LTD., Defendants JURY TRIAL DEMANDED RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non rhos. Date: la4m.'tL _Ia4L Prothonotary #LFJ-OFFICE . - "V E PROTHONOTAR I FOULKROD ELLIS Professional Corporation ?012 JUL 30 PM 1:25 4000 Market Street Camp Hill, Pennsylvania 17011 CUMBERLAND Ce11%yfor Defendant: Telephone: (717) 909-7006 Fax: (717) 909-6955 EfiHSYLVAM4k A. Syed, M.D. MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS O Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA HOLY SPIRIT HOSPITAL, SELENA CIVIL ACTION - LAW DIPAOLO, CRNP, ZEBA A. SYED, M.D., PROFESSIONAL MEDICAL NEGLIGEN E VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC NO. 12-3626 SURGERY, LTD., Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non Cos. Respectfully submitted, Date: FOULKROD ELLIS PROFESSIONAL CORPORATION By: I ` `? ? Leigh A.J. llis, Esquire Attorney 14). No. 53229 lei h ,fou od.com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindy foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 219h day of July, 2012, by depositing said copy in the United States Mail at Vamp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey & Chilcote, PC 425 N. 21" Street, Suite 302 Camp Hill, PA 17011-3700 (Counsel to Holy Spirit Hospital) Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel to Selena Dipaolo, CRNP) Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Leber & Banducci Plastic Surgery, Ltd.) FOULKROD ELLIS PROFESS ONAL CORPORATION By: Stacy L. Breo , Paralegal 0 TA 1'1% -:_' 1 ERUA' 0 COUNT T'Y Sarah W. Arosell, Esquire S Y L?' I Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, 7EBA A. SYED, M.D., VASCULAR ASSOCIATES., P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-:3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO PA. R.C.P. 1037(a) TO THE PROTHONOTARY: Kindly enter Judgment of Non Pros against the above-named Plaintiff: Michael ?,E. Konetsco, 101 Texaco Road, Mechanicsburg, PA 17050, as to Plaintiff's claims against Defendant Leber & Banducci, Ltd. pursuant to Pa. R.C.P. 1037(a) as Plaintiff has failed to file a Complaint pursuant to the June 26, 2012 Rule to File a Complaint. Copies ?,of the Rule and June 27, 2012 transmittal letter to Plaintiff are attached as Exhibit "A". Pursuant to Pa. R.C.P. 237. 1, 1 certify that written notice of the intention to file the Praecipe was mailed on July 18, 2012 and delivered to the Plaintiff, after the default 11217611 Ca.'M{ "14 • $" 01-1 Ck 1+ 83 Dl? ('0 ofi WaW occurred and at least ten (10) days prior to the date of this Praecipe. Copies of fie Notice, July 18, 2012 transmittal letter and executed return receipt card are attached as Exhibit "B DATE: 7/-? G// Z_ Respectfully submitted, THOMAS, THOMAS & HAFER, LLP J By: ?0 Sarah W'. Arosell, Esquire Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. 1121761,1 'THOMAS., THOMAS & HAFT: R T, TM .Atturnc?? Ar I i?? Stree-. Address: 30'? North Front Suret. 1 larrisburs, PA 17101 Mailing: Address: P O. BoN: MI). P larrisburg, PA 17108 Phone ? I''.23'J 100 Fax: 717 _-17.710s Sarah W. Arosell ('1 ")2.55-7231 w ose)7ra?tch1air. con? June 27. 2012 Michael A. Konetsco 101 Texaco Road Mechanicsburg. PA 17050 RE: Michael A. Konetsco v. Leber & Banducci Plastic Surgery, Ltd- et at. Cumberland County C.C.P. No. 12-3626 Dear Mr. Konetsco: Enclosed is a Rule to File a Complaint dated June 26.. 2012. We look forward to redeiving your Complaint filed with the Court within twenty (20) days of service of this Rule. or by July 16, 2012, Thank you. Verv truly, yours. THOMAS, THOMAS & HAFER, L l P By: Sarah W. Arosell SVA"A!gmc: 1110"_,.1 Enclosure cc: Thomas M. Chairs, .Esquire (w/enclosure) Selena Dipaolo. CRNP (w/enclosure) Zeba A. Syed. M.D. (w/enclosure) Q Vascular Associates, P.C. (w/enclosure) _.'' llarrisb r _ Bethlehem Pittsburgh Philadelphia Wilkes Barre www.tthlaw-com Baltimore M`; C'inton. NJ Sarah W. Arosell, Esquire Attorney l.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 saroseli@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-:3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Michael A. Konetsco, Plaintiff: You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). DATE: ? 1?ljoq 1108790.1 Sarah W. Arosell, Esquire Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants . ! 2." (1 ?- r, r t `?NISYL ' UW4 fiiNIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant'to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS THOMAS & FER, LLB' By: ./ G?' Sarah W. Arosell, Esquire Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. 61 DATE: /s/ilk 1108790.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following by placing same in the United States mail, postage prepaid, on thee. day of 2012: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey Plaza 21, Suite 302 4.25 North 21st Street Camp Hill, PA 17011-2233 Selena Dipaolo, CRNP Holy Spirit Hospital ,503 North 21 st Street Cramp Hill, PA 17011 ;Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: ao- " A,0,11 Sarah W. Arosell, Esquire 1108790.1 rVT H THOMAS, THOMAS & HAFERI I P Attornce, At I_ rsc Street Address: 0? North Iron! Stns',. Harrisburg, °A 17101 Mailin!_ Address: P_U 13w, Harrisburg, PA 17108 Phone 71-",-'1r10 Fay: 717237.710s Sarah 9". Arosell i'17 i 255-7231 cr,r os ell') ? 1i?tthi'at? . can Jule 18, 2012 Via Certified Mail Return Receipt Requested Michael A. Konetsco 101 Texaco Road Mechanicsburg. PA 17050 RE: Michael A. Konetsco v. Leber & Banducci Plastic Surgen, Ltd- et al. Cumberland Counts, C.C.P. No. 12-3626 Dear Mr. Konetsco: Enclosed please find a Ten (10) Day Notice of EntrNof Judgment of Non Pros for Fait re to File a Complaint. served on behalf of :Defendants. Leber & Banducci Plastic Surgery. Ltd. Verv truly yours. THOMAS, THOMAS & HAFER, LLP Bv- Sarah W. Arosell SWA/amc:111o,,, Enclosure cc: Thomas M. Chairs, Esquire (w/enclosure) Steven. D. Costello, Esquire (w/enclosure) Zeba A. Sued. M.D. (w/enclosure) Vascular Associates, P.C. (w/enclosure) \0 erristU;; Bethlehen Pittsburgh Philadelphia V?ilke'; Barre WWW. tthla W.Cori Baltimore M[' Clinton, NJ ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name; and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressee to: A Signattke r z. ? Agent Lk" 14"-O Addressee B. Received by (Printed Namel _ C. Date of Delivery ?w?r r i D. is delivery address different from item 1 T ? Yes 'f YES, enter deliver, address below: ? No Michael A. Konetsco 101 Texaco Road - Mechanicsburg, PA 17050 3. Se e Type i Certified Mail El Ex ress Mail 1:1 Registered ,urn Receipt for Merchandise ? Insured Mail EI O.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number E-50 (Transfer from service label) `) 0 y - - PS Form 3811, February'2004 Domestic Return Receipt 102595--02-M-1540 Sarah V4'. Arosell =squirF Attornev ..U.#5879, THOMAS. THOMAS & HATER, L.LP 305 North Front Street P.O. Box 999 Harrisburg. PA 17108 717-205-7:'31 sarosell@tihlaw.con Attorneve for Derendant'Lebe' & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff IN THE COURT OF COMMON PLEA_ CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, SELINA DIPAOL_O, CRNP, ZEBA A. SYED, M.D.. VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL ACTION -- LAW JURY TRIAL DEMANDED TEN (10) DAY NOTICE OF PRAECIPE FOR ENTRY OF.ILIDGMENT_OF NON PROS TO Michael A. Konetsco, Plaintiff 0 1 Te>:aco Rcad Mechanicsburg,. PA 17050 DATE OF NOTICE: July 18, 2012 IMPORTANT NOTICE 1'OU ARE IN DEFAULT BECAUSE YOU HAVE F=AILED 70 FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF YOUR RECEIPT OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST 1'OU VVITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE' THE DEFENDANT AND THEREBY" LOSE PROPERTY OR OTHER IMPORTANT' RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO '11707 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OlJ7' WHERE YOU CAN GET LEGAL HELP: Cumberiard County Bar Association 32 S. Belford Street Carlisle, PA 17013 Teiephone (717) 249-3166 DATE: Respectfully submitted, THOMAS, THOMAS HAFER, LLP By1A tCb? Sarah W. Arosell, Esquire Attorneys for Defendant Leber &. Banducc Plastic; Surgery, Lt,-.!, 1'1707"' CERTIF=ICATE OF SERVICE Sarah W Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document or the folio g by placing same in the Uni-ec States mail. postage prepaid, on the l day of 2012: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey Pla.za 21, Suite 302 425 North 21 St Street Camp Hill, PA 17011-2:233 Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 South Cedar Crest Boulevarde Suite 300 Allentown, PA 18103 Zeba A. Syed, M.D. 190 Hickory Lane Hanover, PA 17331 Vascular Associates. P.C. 816 Belvedere Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER„ LLP By- Sarah W. Arosell' EsquirE:? 17072.1 CERTIFICATE OF SERVICE I, hereby certify that I have served a true and correct copy of the foregoing document on the following by placing same in the United States mail, postage prepaid, on the I day of 2012: Michael A. Konetsco, Pro Se 101 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey Plaza 21, Suite 1302 425 North 21 st Street Camp Hill, PA 17011-2233 Steven D. Costello, E=squire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Vascular Associates, P.C. 816 Belvedere Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By._ t t r.??A a Gwen M. Cleck, Legal Secretary' to Sarah 1N. Arosell, Esquire 11217611 Sarah W. Arosell, Esquire Attorney I. D.#58797 THOMAS, THOMAS & HAFF_R, LLP 305 North Front Street P.O. Box 999 Harnsburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, MICHAEL A. KONETSCO, Pro Se Plaintiff Ltd. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., NO. 12-;3626 CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT OF NON PROS TO, Plaintiff Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Please be advised that a judgment of non pros has been entered against Plaintiff and in favor of Defendant Leber & Banducci Plastic Surgery, Ltd. in the above ma r. Prothonotary DATE: 1122590 1 THE !_ R07NONOTAR i 2012 AUC -3 AM I1: 24 ["UMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Vascular Associates, P.C. MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Pro Se Plaintiff CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW V. ACTION NO.: 12-3626 HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D.,: JURY TRIAL DEMANDED VASCULAR ASSOCIATES, P.C., and LEBER & BANDUCCI PLASTIC SURGERY, LTD. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Wiley P. Parker, Esquire, and Amy B. Leona Esquire, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorneys for Vascular Associates, P.C., the Defendant in the above-captioned matter. Dated: HENRY & BEAV L By: WILEY P. PARKER, Esquire I . D. #20653 (- 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant Vascular Associates, P.C. HENRY & BEAVER LLP k- ?*7K?k By: AMY EONARD I. D. # 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant Vascular Associates, P.C. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Entry of Appearance upon following person(s) on August 4, 2012 in the manner specified below: Name Manner of Service Michael A. Konetscko, Pro Se 1010 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire DICKIE McCAMEY Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2233 Sarah W. Arosell, Esquire THOMAS, THOMAS, & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Leigh A. J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 Steven D. Costello, Esquire Regina M. Blewitt, Esquire POST & SCHELL, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Alllentown, PA 18103 Date: August 2- , 2012 U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail WILEY P. PARIKR F LLO-OFFICE p Via= j w: Pi?OTHONOTAR't 2012 AUG -3 AM 11: 14 CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Pro Se Plaintiff CUMBERLAND COUNTY, PENNSYLVAN CIVIL ACTION - LAW V. ACTION NO.: 12-3626 HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D.,: JURY TRIAL DEMANDED VASCULAR ASSOCIATES, P.C., and LEBER & BANDUCCI PLASTIC SURGERY, LTD. : PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or judgment of non pros will be entered. I.D. #20658 Attorney for Vascular Associates, P.C. TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof or suffer judgment of non pros. 2 CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Praecipe for Rule to File a Complaint upon the following person(s) on August ?- , 2012 in the manner specified below: Name Michael A. Konetscko, Pro Se 1010 Texaco Road Mechanicsburg, PA 17050 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire DICKIE McCAMEY Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011-2233 Sarah W. Arosell, Esquire THOMAS, THOMAS, & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Leigh A. J. Ellis, Esquire FOULKROD ELLIS 4000 Market Street Camp Hill, PA 17011 Steven D. Costello, Esquire Regina M. Blewitt, Esquire POST & SCHELL, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Alllentown, PA 18103 Date: August 2-, 2012 Manner of Service U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail U.S. First Class Mail WILEY P. PAR 3 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY LU. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.U. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 ("rele) 888-811-7144 (Fax) MICHAEL A. KONETSCO, Plaintiff v. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants A"f"rORNEY FOK: UEFENUAN"1' HULY SPIKI'i' IiUSPI'1'AL -- --~ IN THE COURT OF COMMON PLEAS - OF CUMBERLAND COUNTY, PENNSYLVANIA c~? NO. 12-3626 ~ ;~ ; m ~ h , _ ~ ~ CIVIL ACTION -MEDICAL ~ ~~ ~ ~~ ~~ c-> -~ Z ( z-~-1 JURY TRIAL DEMANDEll --~ ~ ~ -~; NOTICE OF ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter judgment of Non Pros against Plaintiff, Michael A. Konetsco and in favor~of Defendant, Holy Spirit Hospital. I, the undersigned, hereby certify that the attached Notice of Intention to File a Praecipe for the Entry of Judgment Non Pros was served on Plaintiff more than ten (10) days prior to the filing of this Praecipe. Date: August 6, 201.2 eve avYa ~.~ oZ7 Q ~~~ IVOI~t ~ f~~t Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: _ ~I'ho as airs, Esquire Supr e ourt I.D. #78565 Aaron S. Jayman, Esquire Supreme Court 1. D. #85651 425 N. 21s` Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital i?~ui.i Thomas M. Chairs ~. Dickie ~~: Attorney-at-Law Direct Dial: 17-731-4800 Admitted in PA, MD Direct Fax: 8 8-811-7144 tchairs mclaw.corn July ~, ?01:? Michael ~\. Konetsco 101 "['exaco Road iLiechanicsburg, PA 1700 itF,: ~fichacl ~1. Konctsco v. Floly Spirit Hospital, ct al. Uocket No.: 12-3626 Our Filc No.: I'C-2a0 (0029096.033-1001) Dear iVlr. Kunctsco: I enclose ter service a Rule to Bile Complaint in the above-referenced nultter. I'leuse understand that the enclosed documentation rec(uires you to take action ~~~ithin ~'U ~la~~~ f'roln service u C this letter and enclosures. • Very truly yuurs, DICKIE, IY1CC:~til>~Y & CIiILCO'I'E, P.C _-- ~ -' / ; ~~ it, ~~~% j -~~ iii ~,G ~_ l'~oruas .11. (hair, l yIC'; nlb f:nclusure Cc: Sarah 1.V. F~rosell, [~,scluire (~~-/enclosure) Selena Dihaulo. CRNP (wienclosure) /eba :~~. S~ ed, ~ I.I). (wicnclusure) ~~a:,eular .Assueiatcs. !'.(.'_ f ~~'enclosure) CI( KIE, MdAMtY K (illl(ulf, P 1 I ?~~i(ikNf15 9f LIW ';'R#~J!1!31 ~+t`Q ~^~t 3i881I11•14 i,t,~n 21, ~ulr~ ,~, ; t ~~, ~ ,kri ~ ~~ ~ ;!~?i l ~ ~ ~,t~w lip, i. rn ~ ro~ i ~~?~ I ,~,w,tiv a~annwro,+~ ~ ilrlr `r(j ioiuun~n ~}II I I ~, hlon4cht, III lr~rril5nn), HA I Nfiiu~klpru~, P:1 I N~rLi~or_lii, i 1 I R~.Ich;h, ~~( ;,culH~neillc, OH ~ 4'll~ce!ir,~f,','ry I 'r1~i n~ii~mrn, Gi iviICIIAEL A. KONETSCO, Plaintiff v. HOLLY' SPIR['I' HOSPITAL, SELINA U[PAOLO, CRNP, ZEBA A. SYED, ivi.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, Y.C.. ANU LEBER & l3ANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COi~1MON PLEASi OF CUMBERLAND COUNTY, PENNSYLVAMA NO. 12-3626 CIVIL ACTION - N[EDIC:~L JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this a-~day of ~.I~YLA~ , ?012, a Rule is hereby issued upon Plaintiffs to the a Complaint in the above-captioned case within twenty (20) days alter sc;rvice~~iof the Rule or suffer a judgment of non pros. ~~v Prothonotary Deputy TRUE COPY FRt~N! ~.'~;G~}~;: in Testimony whereof, I here unto set my hand and the al of said C art at Carlisle, Pa. This , a' daY of ~1~~_4,~, 20 i rothonota 1:e ~~ CF..RT[FICA'TE OF SERVICE AND NO~V, July ~, 2012, 1, "fhomas M. Chairs, Eaquire, hereby certify that 1 slid serve a true and correct copy of the foregoing Rule to File Complaint upon all counsel of recor¢i by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp ~-Till, Pennsylvania, addressed as follows: t3y First-Class lViail: Michael f~. Konetsco, Pro Se 101 ~Cexaco Road Mechanicsburg, PA 17050 Sarah W. Arosell, Esquire Thomas, Thomas & I-Iafer, LLP P.O. I3ox 999 Elarrisburg, PA 17108 (Counsel f'or Leber & Banducci Plastic Surgery, Ltd.) Selena Dipaolo. CRNP f Idly Spirit Elospital ~U3 North ? 1st Strut Camp f Till, PA 1701 1 Leba A. Syed, M.D. 190 f-Iickory Lane Hanover, 1'f1 17331 Vascular Associates, P.C. 816 E3elvedere Street Carlisle, PA 17013 ~~ -, `-~ _ ~. ~Chomas M. Chairs, Esquire 1325')6t~ t - 1~vt~~a~m~y Thomas M. Chairs Attorney-at-Law Admitted in PA, MD IVtichael ~. Konetsco 101 "Cesaco Road Mechanicsburg, PA 17050 Direct Dial: 717 X731-4800 Direct Fax: 888-811-7144 tchairs@drrlclaw.com July 25, 2012 RE: Michael A. Konetsco v. Holy Spirit Hospital, et al. llocket No.: 12-3626 Our File No.: PC-2~0 (0029096.033-1001) Dear Mr. Konetsco: We enclose and serve upon you aTen-Day Notice of Default. Chu• office pr~~ iously served you with a Rule to File Complaint which required you to take action within ?0 days frot~~ receipt of the Rule. You have failed to comply with the Rule to File Complaint. You are in default. In the event that you do not take action within ten (10) days from receipt of this noticed a default judgment will be entered against you. Very truly yours, DICKIE, MCC~~NFEY & CHILCO'I'E, P.C. /~---~" / ~-~-~ "Ch mas M. Chairs '1'MC/nlb Enclosure DICKIE, MctAMEY BCNIECOTE, P.C. !, ATTORNEYS AT lAW Charlotte, NC ~ Colunbus, ON ~~~ Naddoniield, Nl PAAIN: 111-731-4800 fAX:888-811 114A tlarrisburg, PA ~ Philadelphia, PA ~ Pittsburgh, A ~ Raleigh, NE PUilA Zl, SUITE 302 ~ 425 NORfH 21"STREET ~ (AINP HIEI, PA 17011-2123 ~ WWNl.DMCIAW.COM Steubenville, 011 ~ b4tieeling,lW wlminyton, D[ f 13"L8965 j DICKIE, ~1CCAllEY.Yi CIIILCO'rE, P.C. BY:'Chomas ~I. Chairs, Esquire A'!'TORNEY FOR: UEFENDA~VT ~\"CTORNEY [. U. NO. 78565 [IDLY SPIRIT I(OSPI'r,11L IIY::\aron S. Jayman, Esquire :\"fTO1iNEY 1. D. NO.85651 Plaza 2l, Suite 302 X25 North 21st Street Camp hill, PA 1701! 717-731-1800 (Tele) 888-811-71~1~ (Fax) _ MICHAEL A. KONETSCO, IN THE COURT (?F COMMUN PLEAS 'j Plaintiff, OF CUNtBERLAND COUNTY, PENNSYLVANIA v. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CI2NP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. ANll LEBER Si BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL ACTION -MEDICAL JURY 'TRIAL UEYIANDED TEN DAY NOTICE '; TO: Michael A. Konetsco 101 Texaco Road 1Vlechanicsburg, PA 17050 Date of Notice: July 25, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTI ~N REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FRO TIIE DATE OF THIS NOTICE, A JUDGMENT 1VIAY BE ENTERED AGAINST Y U WITHOUT A HEA12Il~iG E~YD YOU NIAY LOSE YOUR PROPERTY OR OTIEIER [NIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER T ONCE. [F YOU DO NOT HAVE .:~ LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPFIONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN G LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Elarrisburg, PA 17108 (800)692-7375 AV[SO IiyIPOR'rANTE 'r0: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 1700 FECE IA DEL AVISO: July 25, 2011 LISTED ESTA EN REBELUTA PORQUE EIA FALLAUO UE "rOivIAR ~.A ACCION REQUERIDA EN ESTE CA50. A NIENOS QUE US'rEll TOME ACCI(])N DENTRO DE LOS PROYIMOS llIEZ (10) DIAS llE LA FECIfA UE ESTE AVISO, ~E PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVAI2SE A CABO UNA VIS A Y LISTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANT S. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTA A SU ABOGAll . SI LISTED NO TIENE UN ABOGAI)O O NO PUEDE PAGAR LINO, VAYA O LLANIE A OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUE E CONSEQUIR AYUDA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800)692-7375 Respectfully submitted, UICKIE, MCCANIEY & CIIILCOTE, P.C. Date: July 25, 2012 By: i ' "Thos s M. Chairs, Esquire Supreme Court I.D. #7865 425 ;N. 21 s` Street, Suite 302 Camp Hill, PA I'7011-3700 (717)731-4800 tlttorneyfi~r Defendants, Holy Sprrit I~Iospita! 2 -` ' . CERTIFICATE OF SERVICE AND NOW, July 25, 2012, I, 'Thomas IVt. Chairs, Esquire, hereby certify that [did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing'ito be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed las follows: I3y First-Class Niail: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 7050 (Pro Se) Steven D. Costello, Esquire POST & SCI-IEEE, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W.:Arosell, Esquire THOMAS, THOMAS & HAFER, ELF' P.O. 13ox 999 Harrisburg, PA 17103 (Counsel for Defendant, Leber & Banducci Plastic Surgery, Ltd.) ~~ ~_''. L` "Thom .Chairs, Esquire CERTIFICATE OF SERVICE AND NOW, August 6, 2012, I, Aaron S. Jayman, Esquire, hereby certify- that I did sepve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing' to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco, Pro Se I, 101 Texaco Road Mechanicsburg, PA 17050 Leigh A. J. Ellis, Esquire '' FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 ~! (Counsel for Zeba A. Syed, M.D.) ~'~, Amy B. Leonard, Esquire Wiley P. Parker, Esquire HENRY & BEAVER.. LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel -for Vascular Associates, P.C.) Steven D. Costello, Esquire POST & SCHELL, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W..Arosell, Esquire THOMAS, THOMAS & HAFER, LLF' P.O. Box 999 Harrisburg, PA 17108 (Counsel f-or Defendant, Leber & Banducci Plastic Surgery, Ltd.) i Aaron S, a ,Esquire _- DICKIE, ~[CCA~IEY & CHILCO"TE, Y.C. :Cf"TORNEY FOR: DEFEND:\NT IIOLY SPIRIT fIOSPI"1':\L BY: "Thomas ~I. Chairs, Esyuire A T"TORNEY LD. N0.78565 13Y: Aaron S. Jayman, Esyuire :\'CfORNEY' LD. NO. 85651 Plaza 21, Suitc 302 425 North 21st Street Camp llill, PA 17011 717-731-4800 ('1'ele) 888-811-7144 (Fax) ~ MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS I Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER SL BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL. ACTION -MEDICAL JURY TRIAL llEMANDED NOTICE OF ENTRY OF JUDGMENT OF NON PROS TO: Michael A. Konetsco, Plaintiff 101 Texaco Road Mechanicsburg, PA 17050 Please be advised that a judgment of Non Pros has been entered against Plaintiff and inn favor of Defendant, Holy Spirit Hospital (incorrectly captioned as Flolly Spirit I-Iospital) in tlje above-captioned matter. Date: 13485151 CERTIFICATE OF SERVICE ~~ AND NOW, August 14, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I serve a true and correct copy of the foregoing Notice of Entry of Judgment of Non Pros upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Zeba A. Syed, M.D.) Amy B. Leonard, Esquire Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Vascular Associates, P.C.) Steven D. Costello, Esquire POST & SCHELL, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W. Arosell, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Defendant, Leber & Banducci Plastic Surgery .;~ r.,> ~' '~ -~3 ~ ' -~ * ~ ~ ~ ~ ~D ~ Lp p "~ ~ _ ~"' 2 ,q,~ -.~ ..~ ~ ...~: Thomas M. i / I DICKIE. ~ICCA~~IEY & CIIILCO'rE, P.C. BY: Thomas ~I. Chairs, Esquire A't"fORNEY I.D. N0.78S63 BY::\aron S. Jayman, Esyuire A't'1'ORNEY LD. N0.85651 Plaza 21, Suite 302 425 North 21st Street Camp (till, PA 17011 717-731-4800 ("1'ele) 888-811-71~1(Fax) MICHAEL A. KONETSCO, Plaintiff :1'I"I'URNEY FOR: DEFENDANT HOLY SPIRIT 1 IN THE COURT OF CO~IIV[OIN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants NO. 12-3626 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT OF NONPROS TO: Michael A. Konetsco, Plaintiff 101 Te~caco Road Mechanicsburg, PA 17050 Please be advised that a judgment of Non Prvs has been entered against Plaintiff and favor of Defendant, Holy Spirit Hospital (incorrectly captioned as Flolly Spirit Hospital) in t above-captioned matter. ~~ Prothonotary 14 20~p a~" l Il Date: -13d8~G1 CERTIFICATE OF SERVICE AND NOW, August 14, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Notice of Entry of Judgment of Non Pros upon all counsel of record by depositing, or causing to be deposited, same in the U.S.: mail, prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Zeba A. Syed, M.D.) Amy B. Leonard, Esquire Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Vascular Associates, P.C.) Steven D. Costello, Esquire POST & SCHELL, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W. Arosell, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 ? (Counsel for Defendant, Leber & Banducci Plastic Surge: ~' rI ~ ,~,j~ ' ~` . ~. Thomas M. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Michael A. Konetsco 101 Texaco Road Mech. Pa.17050 crd:91-p- Vs. Defendant(s) & Address(es) Holy Sprit Hospital 503 N. 21St Camp hill Pa. CRNP Selena Dipaolo, MD.Zeba A. Syed. Vascular Associates P.C. 816 Belvedere St. Carlisle Pa 17013 LeBer & Banducci Plastic Surgery LTD. 2807 N. Front Street Harrisburg Pa 17110-1222 Case No. 12-3626 Civil Term Civil Action ORDER OF COURT AND NOW, this O?0 day of AUGUST, 2012, Plair of Time in order to obtain new counsel is D&N ?w zo p ???'1^""r' Jam''` • cn ? _ .. rv = Y1 stiffs six months (6) Request for Extension fZeta A- 5y(,,d, m1). Uo S Cul4r ASSoc. V/ /y V' e ier c* /J?l n ? GZ k C'C f k ED-O i' ICS. `' ; 1 pReTnmoTk FOULKROD ELLIS Professional Corporation AUG 23 PM 2: 3 1 4000 Market Street Camp Hill, Pennsylvania 17011 C UN11B R1 AND COUNTY Attorney rney for Telephone: (717) 909-7006 M.D. PENNSYLVANIA Zeba A Fax: (717) 909-6955 MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA HOLY SPIRIT HOSPITAL, SELENA CIVIL ACTION - LAW DIPAOLO, CRNP, ZEBA A. SYED, M.D., PROFESSIONAL MEDICAL NEGLIGENCE VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC NO. 12-3626 SURGERY, LTD., Defendants JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT OVN0 -PROS' TO: Michael A. Konetsco, Plaintiff Date of Notice: August 22, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Y? Date: By: (A" Lei A.J. Ellis, Esquire Attorney I.D. No. 53229 lei gh(a-,foulkrod. com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindy(a, foulkrod. com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this ??day of , 2012, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey & Chilcote, PC 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (Counsel to Holy Spirit Hospital) Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel to Selena Dipaolo, CRNP) Wiley P. Parker, Esquire Amy B. Leonard, Esquire Henry & Beaver, LLP 937 Willow St. P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Vascular Associates, P.C.) Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Leber & Banducci Plastic Surgery, Ltd.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: t? Crystal L. Nemetz, Secrefftr?F fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Michael A. Konetsco Case No 12-3626 Civil Term 101 Texaco Road Civil Action Mechanicsburg Pa. 17050 VS. Defendant(s) & Address(es) Holy Sprit Hospital 503N.215t Camphill Pa.CRNP Selena Dipaolo, MD.Zeba A. Syed. Vascular Associates P.C. 816 Belvedere St. Carlisle Pa. 17013 Leger & Banducci Plastic Surgery .LTD. 2807 Front Street Harrisburg Pa. 17110-1222 Petition For Extension of Time. C7 C na ° ~,~ ~ ~~ Z --f ~'~i ~ C*'- z ~r~ r" C.7 •c r-- ro ~ cn -<~ w ~ t-, '~ r~ <° ~~ ~~ zo a ~ c~-r~ Wit=, ~ ~ ut -~.: ~~ _~-fa FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 1'7011 Telephone: (717) 909-7006 Attorney for Defendant: Zeba A. Syed, M.D. rax: ~ i i i~ yuy-oy» MICHAEL A. KONETSCO, Plaintiff v. HOLY SPIRIT HOSPITAL, SELENA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants PRAECIPE TO EN3'~R JL FOR FAILURE '~'O F m~ mTir. nn~mr7~i.r~m n nv. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PROFESSIONAL MEDICAL NEGLIGENCE NO. 12-3626 JURY TRIAL DEMANDED _--~ r-=' ._.; A ~C'OMI~LAI~TI' ~~ n 1V 111E 11\V 111 V1\V 1t 11\1. ~• r ~= --+~~ Enter judgment of non pros against Michael A. Konetsco, Plaintiff ~`~' 3 .~' c: in the professional liability claim against Zeba A. Syed, M.D., Defendants -~~' c~ _,~; ~- in the above-captioned matter for failure to file a Complaint pursuant to Order of Court dated August 20, 2012 attached hereto. I, the undersigned, certify that the Plaintiff named above was given Notice of this Praecipe to Enter Judgment of Non Pros for Failure to File a Complaint pursuant to Pa. R.C.P. 237.1. A copy of the Notice is attached hereto. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION ~, Date: (( r ~ av ~ a By: _; ~:/v Leigh .J. Ellis, Esquire Attorney I.D. No. 53229 leigh(cr~,foulkrod. com Cindy N. Ellis, Esquire ~~(~,50 PO pTr^/ Attorney I.D. No. 83823 C11'a~~ cindy_(a),foulkrod.com (~N~ ag31(p8 ~kee, Isla-lecl ..-- ~~' 1!N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Michael A. Konetsco 101 Texaco Road Mech. Pa.17050 Vs. ~~ Defendant(s) & Address(es) Holy Sprit Hospita1503 N. 21S` Camp hill Pa. CRNP Selena Dipaolo, MD.Zeba A. Syed. Vascular Associates P.C. 816 Belvedere St. Cazlisle Pa 17013 Leger & Banducci Plastic Swgery .LTD. 2807 N. Front Street Harrisbwg Pa 17110-1222 ORDER OF COURT AND NOW, this ~ day of AUGUST, 2012, Plair of Time in order to obtain new counsel is ~/~~ ~ U^~,,.-n ~ ! s~ ~- o ~~ -fro- ~~1. ~ ~ ~G,~,~ sw''~ /~ Zc~ia A - Sy pd . JK ~. '~ UG s Cu jQr ~ssoc, ~ ~~, SP,.-~~ Nis , ~-l G6tr ~ -P` Case No. 12-3626 Civil Term Civil Action ~.-~ ,_ 3' ~ N ~ . ~ .7 - ~ :~..' . . ~~ ~ N ~ ~ , _ ^ r_ ~; ~~ ~ _ . .~ ~-- stiff s six months (6) Request for Extension ••-v~ ~`.. Or 3 FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Attorney for Defendant: Zeba A. Syed, M.D. MICHAEL A. KONETSCO, Plaintiff v. HOLY SPIRIT HOSPITAL, SELENA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PROFESSIONAL MEDICAL NEGLIGENCE NO. l 2-3626 ,~ 3 ^' ... ___. 2 ~ . i~~~ : z ~ ~ ~ ,-; ~ , o .mo ..~, -~. _. ~ - ~ JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NOI~1: TO: Michael A. Konetsco, Plaintiff Tyz^.3 .°~~'~ ..~ c.~a ~ -[ -- _.. Date of Notice: August 22, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION i Date: ~ a~ c~-- By: Y' l L. Lei A.J. Ellis, Esquire Attorney I.D. No. 53229 lei ~(u~foulkrod. com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cind~(a,foulkrod. com CERTIFICATE OF SERVICE I HEREBY CERTI~~Y that true d correct copies of the foregoing were served upon all counsel of record this ~'' '~"ay of 6u~-+-^n~~-!212, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey & Chilcote, PC 425 N. 21 sc Street, Suite 302 Camp Hill, PA 17011-3700 (Counsel to Holy Spirit Hospital) Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel to Selena Dipaolo, CRNP) Wiley P. Parker, Esquire Amy B. Leonard, Esquire Henry & Beaver, LLP 937 Willow St. P.O. Box 1140 Lebanon, PA 1 7042-1 1 40 (Counsel for Vascular Associates, P.C.) Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Leber & Banducci Plastic Surgery, Ltd.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: J~ Crysta L. Nemetz, Secre CERTIFICATE OF SERVICE I HEREBY CER1/~T^II Y that true d correct copies of the foregoing were served upon all counsel of record this 1 1 ~"~'ay of 6~J~~12, by depositing said copy in the United States Mail at Camp H-i11, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie McCamey & Chilcote, PC 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (Counsel to Holy Spirit Hospital) Steven D. Costello, Esquire Regina M. Blewitt, Esquire Post & Schell, P.C. 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel to Selena Dipaolo, CRNP) Wiley P. Parker, Esquire Amy B. Leonard, Esquire Henry & Beaver, LLP 937 Willow St. P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Vascular Associates, P.C.) Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (Counsel to Leber & Banducci Plastic Surgery, Ltd.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: ~/" Crysta L. Nemetz, Secre MICHAEL A. KONETSCO, Plaintiff v. HOLY SPIRIT HOSPITAL, SELENA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PROFESSIONAL MEDICAL NEGLIGENCE NO. 12-3626 JURY TRIAL DEMANDED NOTICE OF JUDGMENT OF NON PROS TO: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 You are hereby notified that on this ~ day of __I~ Jo/ , 2012 a Judgment of Non Pros is entered in the above-captioned action in favor of Defendant, Zeba A. Syed, M.D., and against Plaintiff. Plaintiff's action against said Defendants is dismissed with prejudice. ::. DATE ~ Prothonotary MICHAEL A. KONETSCO, Plaintiff V. HOLY SPIRIT HOSPITAL, CRNP SELENA DIPAOLO, M.D. ZEBA A. SYED, VASCULAR ASSOCIATES, P.C. LEBER &BANDUCCI PLASTIC SURGERY, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 28TH day of NOVEMBER, 2012, Plaintiff's request for an additional extension of time to file a complaint is DENIED. B e Court Edward E. Guido, J. ,/Michael A. Konetsco 101 Texaco Road Mechanicsburg, Pa. 17050 / Holy Spirit Hospital /Zeba A. Syed, M.D. ,Selena Dipaolo, M.D. 503 N. 21St Street Camp Hill, Pa. 17011 / Vascular Associates, P.C. / 816 Belvedere Street Carlisle, Pa. 17013 LEBER &BANDUCCI Plastic Surgery 2807 North Front Street Harrisburg, Pa. 17110 Ma.l e~ C~Pie~~la9l~p~~ t ,? Sarah W. Arosell, Esquire Attorney I.D.#58797 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell@tthlaw.com Attorneys for Defendant Leber & Banducci Plastic Surgery, Ltd. MICHAEL A. KONETSCO, Pro Se Plaintiff V. HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C. and LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants C. F THE NO THAN lr? 2013 JAN -8 pM Jf ? 6 CUMBERLAND CIjUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this V14 day of A"?? , 2013, upon consideration of the Motion to Strike Complaint filed by Defendant Leber & Banducci Plastic Surgery, Ltd., it is hereby ORDERED that the Motion is GRANTED. Plaintiff's Complaint as to Leber & Banducci Plastic Surgery is stricken from the record. A valid judgment of non pros was entered against Plaintiff and in favor of Defendant Leber & Banducci Plastic Surgery, Ltd. on November 20, 2012, therefore, Plaintiffs Complaint is a legal nullity. BY T OURT: Distribution List: f Michael A. Konetsco, Pro Se Plaintiff d Thomas M. Chairs, Esquire i' Steven D. Costello, Esquire c" Wiley P. Parker, Esquire v Leigh A.J. Ellis, Esquire Sarah W. Arosell, Esquire J. kyt! MICHAEL A. KONETSCO, Plaintiff, V. HOLLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C., VASCULAR ASSOCIATES, P.C. AND LEBER & BANDUCCI PLASTIC SURGERY, LTD., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3626 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED ORDER AND NOW, this 1 _ day of 2013 upon consideration of the Motion to Strike filed by Holy Spirit Hospital, it is hereby ordered that the Motion is GRANTED. Plaintiffs Complaint as to Holy Spirit Hospital is stricken from the record. A judgment of non pros has been entered against Plaintiff and in favor of Defendant, Holy Spirit Hospital on August 10, 2012 therefore a legal nullity. DISTRIBUTION: Plaintiffs Complaint as to Holy Spirit Hospital ,is c vs?-- 8c:' va BY T COURT: 3 w } v/Michael A. Konetsco (Pro Se Plaintiff) t/ Leigh A. J. Ellis, Esquire (Counsel for Zeba A. Syed, M.D.) i,IAmy B. Leonard, Esquire (Counsel for Vascular Associates, P.C.) it Wiley P. Parker, Esquire (Counsel for Vascular Associates, P.C.) Steven D. Costello, Esquire (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W. Arosell, Esquire (Counsel for Defendant, Leber & Banducci Plastic Surgery, Ltd.) Aaron S. layman, Esquire (Counsel for, Holy Spirit Hospital) lElec HENRY & BEAVER LLP By: Wiley P. Parker Identification No. 20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 P D3 JAH 28 PM 3:21 PENNSYLVANIA MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Pro Se Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ACTION NO.: 12-3626 HOLY SPIRIT HOSPITAL, SELINA DIPAOLO, CRNP, ZEBA A. SYED, M.D.,: JURY TRIAL DEMANDED VASCULAR ASSOCIATES, P.C., and LEBER & BANDUCCI PLASTIC SURGERY, LTD. ORDER 00 da of , 2013, upon AND NOW this y consideration of the Motion to Strike Plaintiff's Complaint filed on behalf of Defendant, Vascular Associates, P.C., it is hereby ORDERED that the Motion is GRANTED. Plaintiffs Complaint as to Defendant Vascular Associates, P.C. is stricken from the record. A Judgment of Non-Pros has been entered against Plaintiff and in favor of Defendant Vascular Associates, P.C. on November 20, 2012. Plaintiff's Complaint as to Vascular Associates, P.C. is therefore a legal nullity. BY THE COURT, J. i In The Court of Common Pleas Cumberland County, Pennsylvania Civil Division Plaintiff Michael A. Konetsco Case No. 12-3626 VS. Defendant(s) Holy Sprit Hospital Selena Dipaolo CRNP.. MD. Zeba A. Syed LeBer&Banducci,LTD CZ ' �s Vascular Associates P.C. rn ORDER 4 , a AND NOW this day of , 2013 upon consideration of 1"Qnti$s T Motion&Memorandum in Suport of Vacting Judgment�pf Non Pros ,Due tor-Pas Judicial Improprietie ED. I A TT7�TT gS_Q&dG gmP�nt of Nnn Prnc hg: CUanLg and Vacated. u _ int, �s4�-Justice. is tiff. T__ S aid Be the ___ �,jy�j�.],,. r'4+rictiP T PP�pGk � iVUiu iJ cuvzav v b M� Cc. Honorable Judge Guido. Heigh A.J. Ellis,Esquire/CindyN.El ' ,Esquire(Counsel for Zeba A. Syed,MD) �/Aomas M. Chairs,Esquire/Aaron S. Jayman,Esquire (Counsel for Holy Sprite Hospital) ;/Sarah W.Arosell,Esquire (Counsel for Leger& Banducci,Plastic xSery,Ltd.) Steven D. Costello,Esquire(Counsel for Selena DiPaolo,CRNP) -51��m0 R. ' $ Viley P. Parker,Esquier/Amy B. Leonard,Esquier(Counsel for Vascu�ar Associates,P.C.) Py IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PLAINTIFF(s) Case No. 12-3626 Civil Term Michael A. Konetsco Civil Action vs. Defendant(s) c-- -3: 4,a m T Holy Sprit Hospital = --4 -,'� -- Pa.CRNPSelena Dipaolo (==' MD.Zeba A. Syed -' "r Vascular Associates P.C. - , Leger&Banducci ,— Plastic Surgery(Ltd) MOTION for SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 1) Plaintiff filed on April 3 1't A Subpoena to Human Resource at the Holy Sprite Hospital For Dr. Zeba A. Syed. 2)They are now 16 days past the 20th day in which to get Plaintiff the information that by law gives them 20 days to do so. 3) I had hoped to get Subpoena's from all the other Defendant's before hand. But the Plaintiff now Demands that the Court orders the Documents be turned over to Plaintiff no later than May 22nd 4)WHEREFORE Plaintiff Demands an order for the Information Asked for in the Subpoena. Together with such and other and future relief as the court may deem reasonable and just under the Circumstance's. ' ■ I L) , IPA...� . Plainti State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in ccordance with law, did execute the forgoing in my Presence this�� day of \( . �� c,� \\ tt\ My Commission Expires\ - \� COMM ti1yR 'nj PENNSYLVANIA Notarial Seal Kathleen sown May,Notary Public Hampden Twp.,Cumberland County mIS Oct.7,2014 MBER,PENNSyLvANM AssorlArrA OF NOTARIES e ' Medications Continue Furosemide :40 mg, 1 by mouth daily Pravastatin Sodium :40 mg, daily Imdur: 30 mg, 1 by mouth daily Methadone HCL : 10 mg/5m1, 2 pills every 4 hours Pravachol : 40 mg, 1 by mouth DAILY Nitroglycerin : 0.4 mg/hr, 1 tab as needed Multi Vitamin With Iron : , 1 tab daily Enoxaparin Sodium : 100 mg/ml, Inject sq q12 hours as directed Gabapentin : 300 mg, 1 tab twice A day Coumadin : , as directed .TO ca <11i I,� 3� Ferrex 150 : 150 mg LL, d Ferrous Sulfate : 325 (65 Fe) MG Ropinirole HCL : 1 mg Citalopram Hydrobromide: 20 mg Prednisone: 10 mg Levothyroxine Sodium : 50 mcg Diazepam : 2 mg �_��x<.,�� ,� (x.1 w Venlafaxine HCL ER : 150 mg Cephalexin : 500 mg Promethazine HCL : 25 mg Hydrocodone/Acetaminophen : 7.5-750 mg Allergies No Known Drug Allergy Payment: 0.00 Type: • Check#: NO MONEY THE PATRIOT-NEWS • PENNLIVE.COM • THURSDAY, SEPTEMBER 23, 2010 • VOW 0.20% CLOSE 107739.31 ' NASDAQ 0.63% CLOSE 2,334.55 ` S&P 500 HEALTH CARE The Pennsylvania Health Care Cost Containment Council says its report on 31 comm and procedures is not a list of`good and bad hospitals.' • • • (DAVID WENNER venner @patriot-news.com repo hree Harrisburg-area hos- pitals had at least one high l I(l death rate in a statewide " . j}j , .� l�l report focusing on 31 corn- r,t ton treatments and procedures. $ � . . e<- � :: But none came anywhere near to tiding the state in high death " rtes. a A.. .. } Still,any high death rate or high N-.', -- aadmission rate is something pro- k K F '" )ective patients should talk to ,. It -. { ieir doctor or hospital about. , u i 19--1. } �" , s kr It's also something the hospital a,' ., i xtxr , :could examine closely and im- ' . = ' rove upon,said Stephanie Suran,a cj , - # i ,okeswoman.for the Pennsylvania '4 , l , < r lealth Care Cost Containment t'' ;ouncil,which issued the report. 5� i'. - 3 .-,. ',',' - r Good Samaritan Hospital in Leb- a non had significantly higher than <` xpected death rates for patients 4,; -eated for three things:congestive ; ,` _ eart failure,infectious pneumonia � ,�. „ rid respiratory failure. Holy Spirit Hospital in Cum- �; � , .v i er than County had significantly t . ,_ y .l ' i erland Co - gh expected death rates „J- . —_ - , 3r two things:heart attack patients s' :' r reated with medication rather than --- aM. _,. ..__• urgery,and respiratory patients on DAN GLEITER,The Patnot- reathing ventilators. Penn State Milton S.Hershey e *The report covered 158 hospitals statewide.Two had •Penn State Milton S.Hershey Medical Center hat 4edical Center had one significant- s gnificantly,higher than expected death rates for seven significantly higher than expected death rate for one higher than expected death rate, of the 31 conditions and treatments.brie had high death of patient.It had significantly higher than expected ar patients with blood poisoning.It rates for six;one had high death rates for five;three had readmission rates for three kinds of patients.It had a lso had high re-admission rates for . rates for three had high death rates for significantly;better than expected readmission rate fl hree things. three;48 had na.slgniflcantly higher than expected death congestive heart failure patients. Harrisburg-based 1 each rates. lth rates •PinnacleHealth System had no significantly highei .ystem had no high death rates.It tad high readmission rates for a `' ' '.,tfi than expected than expected death;rates.It had •significantly higher , i '„ #e, than expected readmission rates for three kinds of hree things. � �� Carlisle Regional Medical Center s t wed , patients.Pinnacle had a significantly better than vas one of 48 hospitals that had no expected readmission rate for diabetes patients. ugh death or readmission rates. �� s F Ter •Carlisle Regional Medical Center had no high dea Spokesman Bill Mulligan said trap ,, rates,and had a significantly better than expected good Samaritans high death rates '.� :�„ . i ` i ;�for readmission rate for kidney failure patients. vere all ui`categories in whieh the -.'' r The fui eport can be read at www.phc4.org, tospital had low volumes of eases, two i which contributed to a few very ick Patle' ., arc,k •P K�' n each case, ,10 et9e'� `=+ only ��� � � �` '.."34:-'.:4-t,2� across abroad of” rtes, The reports can be a s sect re he more deaths eaths than ex expected for � 'ate our co trxtent to pa- subject for hospitals,which s readmissions and tient-centered quality care,safety times quibble over methodol However,the cost containment length of stay in the same category, and outcomes." and worry they w ill alarm ra :otu cil said it frisk adjusts"for pa- a reflection of efforts to deliver The goals of the report are to than inform patients. Tents'varying levels of illness. high quality care. help people compare hospitals and But businesses who pay fo Multi an also said that while Pinnacle said:"We are quite to put public pressure on hospitals health care or advocates 18-h(to improve. to empower patients have er ,i 2 33 , 5 YS&P 500 0.48% CLOSE 11134.28 ° 1t ouncil says its report on 31 common treatments r I bad hospitals.' 1 braced the reports.They said such information is a key to improving health care quality and lowering costs. ,m Suran said the report is a"snap- ' - shot...it's not a list of good and bad 1 z* hospitals." "Patients can't just add up black "' ° - `''...'"'""4-...„„ dots and assume that a hospital with more of them is a bad hospi- t''- t�n4 tal, she said,referring to symbols ' ''" ` contained in the report. :fix Rather,the report is one of the { ' • -,' tools they should use in choosing a . hospital,she said. �, 4 b The report examines outcomes IL ''` for conditions such as abnormal • he -'� ' ft i° `Fk heartbeat,congestive heart failure ' x '4 r ` < , and stroke,and medical procedures "'�, t • 14::' ''''Z''''''� . '" ` such as abdominal aortic aneurysm " repair,gallbladder removal and hip � ,,c.,";-------;41,,,,,,,_ ,, � fracture repair. �. - Much of the focus is on whether A.`; a higher than expected number of `� "i-7'' r- patients died or had to be readmitted within 30 days because - ,: of medical complications. While readmissions aren't always I „ 1 the fault of the hospital,top notch _ ._ , -' ' . care can reduce readmissions. 1 -` Statewide,the report found that a --` in 20 categories included in the re- ' p f ePatriof-ids port annually since 2002,the death rate has dropped consistently,to 4.1 Medical Center had a percent,or slightly more than four Stgte Ifl�li 5.Ii !re patients out of every 100. :ant. .. ed death Cate for one kind F Similarly,it noted that readmis- nt.n had sl d r � et than ts.it had sion rates also have fallen signifi- 3 '4sslon rates fig f h ®�, €patients, had a candy over the years,although they readmission ratefor. ma have plateaued at about 19 per- ' Y P heart fairs• cent i P :.ive r c atth System '' `tttly.higher The Hospital&Healthsyste i expected death rates.It had ,,�- Association of Pennsylvania said expected readmission rates for three it :t:�shows the efforts of hos- �a lower death and readmis- sion aif�cantly better than si norates ete succeeding. ted n al a f � te5 Patients. "As with last week's cardiac sur- gery report from[the cost contain- - g ya ,�'s+ :,{ i �'t ment council],the hospital COmmu-- -�� � nity will use the information in the ' port can be read at www.phc4.org hospital performance report to fur- ,, = then reduce mortality and to help '. .4 i identify the causes of readmissions 2." , gone$ The reports can be a sensitive and implement evidence-based A to pa- subject for hospitals,which some- strategies to reduce those readmis- are,safety times quibble over methodology sions that are preventable,"said and worry they will alarm rather Carolyn F.Scanlan,president of the 8 rt:are to than inform patients. hospital association. The highest death rate,27.6 per- pitals and But businesses who pay for patients hospitals health care or advocates who want cent,was for respiratory p to empower patients have em- who needed a breathing ventilator. „t SOCIAL SECURITY ADMINISTRATION Office of Disability Adjudication and Review DECISION IN THE CASE OF CLAIM FOR Period of Disability, Disability Insurance Michael Andrew Konetsco Benefits, and Supplemental Security Income (Claimant) 166-46-2682 (Wage Earner) (Social Security Number) JURISDICTION AND PROCEDURAL HISTORY, This case is before the undersigned on a request for hearing dated October 12,2010(20 CFR 404.929 et seq. and 416.1429 et seq.). The claimant appeared and testified at a hearing held on September 28, 2011, in Harrisburg, PA. Brian Bierley, an impartial vocational expert, also appeared at the hearing. Although informed of the right to representation,the claimant chose to appear and testify without the assistance of an attorney or other representative. The claimant is alleging disability since June 8, 2010. ISSUES The issue is whether the claimant is disabled under sections 216(i),223(d) and 1614(a)(3)(A)of the Social Security Act. Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. With respect to the claim for a period of disability and disability insurance benefits,there is an additional issue whether the insured status requirements of sections 216(i)and 223 of the Social Security Act are met. The claimant's earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through December 31,2014. Thus,the claimant must establish disability on or before that date in order to be entitled to a period of disability and disability insurance benefits. After careful review of the entire record,the undersigned finds that the claimant has been disabled from June 8, 2010,through the date of this decision. The undersigned also finds that the insured status requirements of the Social Security Act were met as of the date disability is established. See Next Page Michael Andrew Konetsco(166-46-2682) Page 2 of 7 APPLICABLE LAW Under the authority of the Social Security Act,the Social Security Administration has established a five-step sequential evaluation process for determining whether an individual is disabled(20 CFR 404.1520(a)and 416.920(a)). The steps are followed in order. If it is determined that the claimant is or is not disabled at a step of the evaluation process,the evaluation will not go on to the next step. At step one,the undersigned must determine whether the claimant is engaging in substantial gainful activity(20 CFR 404.1520(b)and 416.920(b)). Substantial gainful activity(SGA) is defined as work activity that is both substantial and gainful. If an individual engages in SGA, he is not disabled regardless of how severe his physical or mental impairments are and regardless of his age, education, or work experience. If the individual is not engaging in SGA,the analysis proceeds to the second step. At step two,the undersigned must determine whether the claimant has a medically determinable impairment that is"severe" or a combination of impairments that is"severe" (20 CFR 404.1520(c)and 416.920(c)). An impairment or combination of impairments is"severe"within the meaning of the regulations if it significantly limits an individual's ability to perform basic work activities. If the claimant does not have a severe medically determinable impairment or combination of impairments, he is not disabled. If the claimant has a severe impairment or combination of impairments,the analysis proceeds to the third step. At step three,the undersigned must determine whether the claimant's impairment or combination of impairments is of a severity to meet or medically equal the criteria of an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525,404.1526,416.920(d), 416.925, and 416.926). If the claimant's impairment or combination of impairments is of a severity to meet or medically equal the criteria of a listing and meets the duration requirement (20 CFR 404.1509 and 416.909),the claimant is disabled. If it does not,the analysis proceeds to the next step. Before considering step four of the sequential evaluation process,the undersigned must first determine the claimant's residual functional capacity(20 CFR 404.1520(e) and 416.920(e)). An individual's residual functional capacity is his ability to do physical and mental work activities on a sustained basis despite limitations from his impairments. In making this finding,the undersigned must consider all of the claimant's impairments, including impairments that are not severe (20 CFR 404.1520(e), 404.1545,416.920(e), and 416.945; SSR 96-8p). Next,the undersigned must determine at step four whether the claimant has the residual functional capacity to perform the requirements of his past relevant work(20 CFR 404.1520(f) and 416.920(f)). The term past relevant work means work performed(either as the claimant actually performed it or as it is generally performed in the national economy)within the last 15 years or 15 years prior to the date that disability must be established. In addition,the work must have lasted long enough for the claimant to learn to do the job and have been SGA(20 CFR 404.1560(b), 404.1565, 416.960(b)and 416.965). If the claimant has the residual functional capacity to do his past relevant work,the claimant is not disabled. If the claimant is unable to do See Next Page Michael Andrew Konetsco(166-46-2682) Page 3 of 7 any past relevant work or does not have any past relevant work,the analysis proceeds to the fifth and last step. At the last step of the sequential evaluation process(20 CFR 404.1520(g)and 416.920(g)),the undersigned must determine whether the claimant is able to do any other work considering his residual functional capacity,age, education,and work experience. If the claimant is able to do other work,he is not disabled. If the claimant is not able to do other work and meets the duration requirement, he is disabled. Although the claimant generally continues to have the burden of proving disability at this step, a limited burden of going forward with the evidence shifts to the Social Security Administration. In order to support a fording that an individual is not disabled at this step,the Social Security Administration is responsible for providing evidence that demonstrates that other work exists in significant numbers in the national economy that the claimant can do, given the residual functional capacity,age, education,and work experience (20 CFR 404.1512(g), 404.1560(c), 416.912(g)and 416.960(c)). FINDINGS OF FACT AND CONCLUSIONS OF LAW After careful consideration of the entire record,the undersigned makes the following findings: 1. The claimant's date last insured is December 31,2014. 2. The claimant has not engaged in substantial gainful activity since June 8,2010,the alleged onset date(20 CFR 404.1520(b),404.1571 et seq.,416.920(b)and 416.971 et seq.). 3. The claimant has the following severe impairments: Status Post Right Lower Extremity Fasciotomy,Requirement for Chronic Anti-Coagulation Status Post Deep Vein Thrombosis and Pulmonary Embolus(20 CFR 404.1520(c)and 416.920(c)). The above impairments are sufficiently established in the record, have lasted or are expected to last more than twelve continuous months, and, singly or in combination, cause more than minimal limitations in the claimant's functioning, as discussed in further detail below, and are therefore severe medically determinable impairments. Because the undersigned fmds the claimant disabled by the combination of these impairments,no further discussion of any other impairment documented in the record or alleged by the claimant as part of his disability need be made. 4. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P,Appendix 1 (20 CFR 404.1520(d),404.1525,404.1526,416.920(d),416.925 and 416.926). 5. After careful consideration of the entire record,the undersigned finds that the claimant has the residual functional capacity to perform the full range of sedentary work as defined in 20 CFR 404.1567(a)and 416.967(a). See Next Page Michael Andrew Konetsco (166-46-2682) Page 4 of 7 In making this finding,the undersigned considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence,based on the requirements of 20 CFR 404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p,96-6p and 06-3p. The claimant alleges disability due to the residual effects of surgery to remove blood clots from the right leg and blood clots in both of his lungs, currently characterized by symptoms of chronic and persistent right lower extremity pain,lower extremity swelling,and multiple join pain (Exhibits 2E,4E, 6E; Testimony). Secondary to his chronic pain,the claimant has marked difficulty in bending, sitting, standing, or walking for extended periods, lifting, carrying, completing daily activities, and tolerating temperature extremes(Exhibits 2E, 4E, 6E; Testimony). The claimant specifically reported that he cannot tie his shoes due to the swelling in his legs; can only sleep, at most, for one-and-a-half hours at a time, with resulting daytime fatigue; has much assistance in meal preparation and other activities of daily living; and only very infrequently drives due to leg pain(Exhibit 4E; Testimony). Because of the combination of his impairments and resulting functional restrictions,the claimant alleges he is disabled within the meaning of the Social Security Act(Exhibit 1E; Testimony). After considering the evidence of record,the undersigned fmds that the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms,and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible. The medical evidence supports the claimant's allegations. The claimant's alleged onset date coincides with his hospitalization and emergency treatment of June 8, 2010 for complaints of pain,numbness and swelling in his right leg, later attributed to blood clots and infection after the surgery(Exhibits 1E, 4F,6F). The record documents significant ongoing leg pain complaints, continuing even after his emergency thrombectomy and fasciotomy, despite compliance with outpatient management with prescription pain medications(Exhibits 4F, 5F, 6F, 8F, 10F). The claimant's post-operative prescription medications include significant narcotics, specifically Methadone, Percocet, Dilaudid and Oxycodone, as well as muscle relaxants, anticoagulants and diuretics(Exhibit 4F). Despite these medications,the claimant continues to present with significant subjective pain complaints and repeated objective physical examination of the claimant is consistent with his underlying impairments, given the documented findings of post- operative swelling, infection, and rash in his extremities as well as observed use of a cane for ambulation(Exhibits 4F, 6F). The undersigned fmds this treatment history consistent with the claimant's allegations, and supportive of the limitations found by the undersigned in the residual functional capacity as stated above. The undersigned has considered and weighed the opinion evidence in establishing the above residual functional capacity(20 CFR 404.1527 and 416.927; Social Security Rulings 96-2p, 96- 5p,96-6p and 06-3p). J. Stephen Snoke, M.D.,the claimant's long-term primary care physician, opined that the claimant could not perform any lifting or carrying of any weight, could not push or pull and could not stand or walk without the assistance of a hand-held device for balance due to his chronic venous thrombosis and fasciotomy of the right leg and pulmonary embolism and See Next Page Michael Andrew Konetsco(166-46-2682) Page 5 of 7 that the claimant is environmentally affected by poor ventilation, moving machinery, temperature extremes, chemicals, dust, fumes and humidity as a result of his pulmonary embolism(Exhibit 6F). This opinion is supportive of the limitation to sedentary exertional activity found by the undersigned. Because this opinion was based upon an examination of claimant, is within Dr. Spoke's area of expertise,and is generally consistent with and supported by the record as a whole,the undersigned affords this opinion the greatest weight. Significant weight is also afforded to Joseph J. Campbell, M.D.,the claimant's treating vascular surgeon, who opined that, secondary to ischemia and the blood clots at the main artery of his right thigh,the claimant is disabled(Exhibit 1F). The undersigned finds the opinion of Dr. Campbell supportive of the non-exertional limitations found by the undersigned in the above residual functional capacity. While the determination of disability is a finding reserved to the Commissioner(20 CFR 404.1527(e)and 416.927(e); Social Security Ruling 96-5p),the opinion of Dr. Campbell was considered and evaluated in the context ofthe entire medical record and is given significant weight, as it is consistent with and supported by the record as a whole. The undersigned notes the single decision-maker physical assessment, establishing the residual functional capacity for a broad range of light exertional work;this document is part of the jurisdictional history in this case and is not considered medical opinion evidence(Exhibit 3A). As appropriate under current Agency policy,this statement is also not considered an opinion from a non-medical source, as described in Social Security Ruling 06-3p. Therefore, this statement has been noted, but need not be evaluated as medical opinion or non-medical opinion evidence. In sum,the above residual functional capacity is supported by the medical evidence,the opinions of Drs. Snoke and Campbell,and the claimant's credible allegations. The claimant's physical impairments are well established in the medical record and his description of symptoms, including continued swelling and chronic pain, and resulting functional deficits are consistent with his diagnoses and treatment history. The undersigned particularly finds the claimant credible in light of his good work history prior to the alleged onset date(Exhibit 11D)and his ongoing reports of chronic pain symptoms and functional limitations despite compliance with treatment. The residual functional capacity found above accommodates the credibility- established degree of limitation resulting from the combination of the claimant's medically determinable physical impairments through the restriction to sedentary work activity, consistent with the well-supported opinions of Drs. Snoke and Campbell. 6. The claimant is unable to perform any past relevant work(20 CFR 404.1565 and 416.965). The claimant has past relevant work as a highway safety flagger, which is an unskilled occupation customarily performed at the light exertional level(Exhibit 2E; Testimony). Per the testimony of the vocational expert,the exertional demands of the claimant's past relevant work exceed the residual functional capacity found by the undersigned, which allows for no more than sedentary exertional work activity. Accordingly,the claimant is unable to perform any past relevant work. See Next Page Michael Andrew Konetsco(166-46-2682) Page 6 of 7 7. The claimant was an individual closely approaching advanced age on the established disability onset date(20 CFR 404.1563 and 416.963). 8. The claimant has at least a high school education and is able to communicate in English(20 CFR 404.1564 and 416.964). 9. Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled(20 CFR 404.1568 and 416.968). 10. Considering the claimant's age, education,work experience, and residual functional capacity,there are no jobs that exist in significant numbers in the national economy that the claimant can perform(20 CFR 404.1560(c),404.1566,416.960(c),and 416.966). In determining whether a successful adjustment to other work can be made,the undersigned must consider the claimant's residual functional capacity,age, education, and work experience in conjunction with the Medical-Vocational Guidelines,20 CFR Part 404, Subpart P, Appendix 2. If the claimant can perform all or substantially all of the exertional demands at a given level of exertion,the medical-vocational rules direct a conclusion of either "disabled" or "not disabled" depending upon the claimant's specific vocational profile(S SR 83-11). Based on a residual functional capacity for the full range of sedentary work, considering the claimant's age, education,and work experience, a finding of"disabled" is directed by Medical- Vocational Rule 201.12. 11. The claimant has been under a disability as defined in the Social Security Act since June 8,2010,the alleged onset date of disability(20 CFR 404.1520(g)and 416.920(g)). 12. The claimant's substance use disorder is not a contributing factor material to the determination of disability(20 CFR 404.1535 and 416.935). The claimant's protracted use of alcohol is noted on the record(2F, 4F, 6F, 7F, 8F, 10F). However,there is no evidence of record that alcohol use is medically related to the claimant's disabling physical impairments(Id). Therefore,the undersigned finds the claimant's alcohol use is not a contributing factor material to the determination of disability. DECISION Based on the application for a period of disability and disability insurance benefits protectively filed on July 23,2010,the claimant has been disabled under sections 216(i)and 223(d)of the Social Security Act since June 8, 2010. Based on the application for supplemental security income filed on July 28, 2010,the claimant has been disabled under section 1614(a)(3)(A)of the Social Security Act since June 8, 2010. See Next Page Michael Andrew Konetsco(166-46-2682) Page 7 of 7 The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisability requirements for these payments and, if the claimant is eligible,the amount and the months for which payment will be made. /s' ,er Charles Bridges Administrative Law Judge October 13, 2011 Date 1 J. STEPHEN SW:WE, D.O., M.B.X. FAMILY PRACTICE&GERIATRICS 1800 CARLISLE ROAD CAMP HILL, PA. 17011 TELEPHONE(717)737-3465 January 18, 2013 RE:Michael A. Konetsco DOB:08/11/1955 To Whom It May Concern: Michael Konetsco underwent emergency limb saving fasciotomy of his right leg in June of 2010. While the surgery prevented amputation, it did leave Mr. Konetsco with a chronic neuropathic pain of his right leg. The treatment for this is massive doses of narcotic pain medications as well as anti-coagulation to prevent further blood clots. It is my clinical judgement based on history,exam,and lab studies that Mr. Konetsco is permanently disabled from any and all occuptions. He ambulates with crutches and there is no work he can safely perform due to the high doses of medications he requires to control his pain. Sincerely, J eJ.StepheDO, MBA 1 Medications Continue Furosemide : 40 mg, 1 by mouth daily Pravastatin Sodium :40 mg, daily Imdur : 30 mg, 1 by mouth daily Methadone HCL : 10 mg/5m1, 2 pills every 4 hours Pravachol : 40 mg, 1 by mouth DAILY Nitroglycerin : 0.4 mg/hr, 1 tab as needed Multi Vitamin With Iron : , 1 tab daily Enoxaparin Sodium : 100 mg/ml, Inject sq q12 hours as directed Gabapentin : 300 mg, 1 tab twice A day Coumadin : , as directed Ferrex 150 : 150 mg Ferrous Sulfate : 325 (65 Fe) MG Ropinirole HCL : 1 mg Citalopram Hydrobromide : 20 mg Prednisone : 10 mg Levothyroxine Sodium : 50 mcg Diazepam : 2 mg Venlafaxine HCL ER : 150 mg Cephalexin : 500 mg Promethazine HCL : 25 mg Hydrocodone/Acetaminophen : 7.5-750 mg oak weirok r ' IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PLAINTIFF(s) Case No. 12-3626 Civil Term Michael A. Konetsco Civil Action vs. Defendant(s) Holy Sprit Hospital - cc) Pa.CRNP Selena Dipaolo r=-r MD.Zeba A. Syed �' — Vascular Associates P.C. Leger&Banducci "C—, c Plastic Surgery(Ltd) c `* MOTION for SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 1)Plaintiff filed on April 3rd A Subpoena to Human Resource at the Holy Sprite Hospital For CRNP Selena Dipaolo. 2)They are now 16 days past the 20th day in which to get Plaintiff the information that by law gives them 20 days to do so. 3) I had hoped to get Subpoena's from all the other Defendant's before hand. But the Plaintiff now Demands that the Court orders the Documents be turned over to Plaintiff no later than May 22nd 4)WHEREFORE Plaintiff Demands an order for the Information Asked for in the Subpoena . Together with such and other and future relief as the court may deem reasonable and just under the Circumstance's. Plaintiff State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in accord. e with law, did execute the forgoing in my Presence this\1-1 day of\C1.�a�\3 % ‘ , \ , My Commission Expires Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kathleen Susan May.Notary Public Hampden Twp.,cumberiand County M€MR€MY Comma ,res Oct.7 2014 VAN#A: °A7fQN- Nromors In The Court of Common Pleas Cumberland County, Pennsylvania Civil Division Plaintiff Michael A. Konetsco VS. Case No. 12-3626 Civil Term Civil Action rangy - Defendant(s) :z--v Holy Sprite Hospital <X> Zi Selena Dipaolo CRNP -<° � MD.Zeba A. Syed = : Vascular Associates P.C. >W -r Le Ber&Banducci Certificate of SERVICE I hereby certify that I am this day serving the following document, in the above captioned case, upon the person's and in the manner indicated below. Which service satisfies the requirements of Pa.R.A.P.121. Under Penalty of Perjury,I Certify That a copy of the foregoing by Regular U.S. Mail to. CC. Honorable Judge Guido Leigh A.J. Eliis,Esquire/Cindy N.Ellis, Esquire (Counsel for Zeba A. Syed,MD) ' Thomas M. Chairs,Esquire/Aaron S. Jayman,Esquire (Counsel for Holy Sprite Hospital) Sarah W.Arosell,Esquire (Counsel for Leger& Banducci,Plastic Surgery,Ltd.) Steven D. Costello,Esquire (Counsel for Selena DiPaolo,CRNP) Wiley P. Parker, Esquire/Amy B. Leonard,Esquire (Counsel for Vascular Associate 9 A lchael ZAA�'Ko'n tsco Plaintiff 101 Texaco Road Mechanicsburg Pa. 17050 717-503-8625 State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly s orn and identified in accordance with law, did execute the forgoing in my Presence this day of 2 Notary ubli ZNOLVIes mission Expires COMMO L OF PEN Notarial Seal Andrea L,w.,cumbee�la �'�hes Ma Mmber,V'tv 6&wJa A sow V CC. Honorable Judge Guido. Leigh A.J. E1lis,Esquire/CindyN.Ellis, Esquire(Counsel for Zeba A. Syed,MD) Thomas M. Chairs,Esquire/Aaron S. Jayman,Esquire (Counsel for Holy Sprite Hospital) Sarah W.Arosell,Esquire (Counsel for Leger& Banducci,Plastic Surgery,Ltd.) Steven D. Costello,Esquire(Counsel for Selena DiPaolo,CRNP) Wiley P. Parker, Esquier/Amy B. Leonard,Esquier(Counsel for Vascular Associates,P.C.) �� r;. ".7^^ &k�. �'; . , : : . . « , . � y © © � : { , y \ \ � y >\�\, � / < j. . /a x \y ®� . . ° �,« : w \ � : Z � ��� . : . y }\ < _ » . .$« �. . , �\ `\\ . �� �\ � �����1 >\� > :. �> :, « °/y< <�' , > «� +. � � � \< wy �\ yy�\ �zs . « � «��° > . a. . .w . . . . » \ � y\��� y� : \y \��>_ ©�z �� ��\���( x . \/^ §�. . . �� � � ��} .�. �» . . a a \ . .\ . y�» . �. -© � a �> �, > �� � . ,�� a : ��%� . 2d�\ . .�`��%�©�y � ��r ��� 10/11/2012 Z40Z/bl OG 17, .��. ,� � � ' �. y -- � � � w ;.�.`t _ a � .� F lie ap"No s - M _M T # O O N N C) N �t N O O is : r h i T O N O M '[t O 04/26/2013 t �,. �`�, 1 t -.�,�\ �4�2612p13 0 N O N O 1 IF W ski 1 13 p4 i i � 021251213 . 1 Ei.OZ�g�/ZO 0212512013 M M T T- N N LO �! N N cli O N r i c2 0 N (O I N O O N N .P N O 1 W 1 �� i i �� 0214612013 . , . .�r � .. . « dZ¥ � ■ 4gv j!�O O � ` ... f / : • �� • of 8 ,, Ft 1 N O N n F;; �.-, O O 1 � 1 N Iti? a O 1 N r lit y_ i ::. r I. 4 to W F � , f A In The Court of Common Pleas Cumberland County, Pennsylvania Civil Division Plaintiff Michael A. Konetsco Case No. 12-3626 r-, VS. c M im Defendant(s) Holy Sprit Hospital -,� c� ' ,• Selena Dipaolo CRNP.. MD. Zeba A. Syed u LeBer&Banducci,LTD ' Vascular Associates P.C. Potition For Extenion of Time 1)Plaintiff Is asking for an Extenion of time in which to file for Death in Family. 2)Plaintiffs Mother pased away and Plaintiff has been trying to get his appeal together but has been having a very , very hard time trying to get things done. 3)Plaintiff has a due Date of June 5t' for his Appeal to the Superior Court.As Plaintiffs Mothers Furenal is on June 711 . 4) And the Plaintiff along with his Brother From Fla,where Mother Lived with him. And one Sister Comming in from Alaska,and one from Mechanicsburg. 5)The Plaintiff is asking untill the end of August to be able to get His Mothers things in order. 6) So that Plaintiff can give his Case the Proper Attention It Deserves, in the interst of Justics . 7)WHEREFORE Plaintiff Demands Judgement for an Extenion of time,together with such and other and furture relief as the court may Deem reasonable and just under the Circumstance's. C� Plaintiff In The Court of Common Pleas Cumberland County, Pennsylvania Civil Division Plaintiff Michael A. Konetsco VS. Case No. 12-3626 Civil Term Civil Action Defendant(s) Holy Sprite Hospital Selena Dipaolo CRNP MD.Zeba A. Syed Vascular Associates P.C. Le Ber& Banducci Certificate of SERVICE I hereby certify that I am this day serving the following document, in the above captioned case, upon the person's and in the manner indicated below. Which service satisfies the requirements of Pa.R.A.P.121. Under Penalty of Perjury,I Certify That a copy of the foregoing by Regular U.S. Mail to. CC. Honorable Judge Guido Leigh A.J. Ellis,Esquire/Cindy N.Ellis, Esquire (Counsel for Zeba A. Syed,MD) Thomas M.Chairs,Esquire/Aaron S. Jayman,Esquire(Counsel for Holy Sprite Hospital ) Sarah W.Arosell,Esquire(Counsel for Leger& Banducci,Plastic Surgery,Ltd.) Steven D. Costello,Esquire(Counsel for Selena DiPaolo,CRNP) Wiley P. Parker,Esquire/Amy B. Leonard,Esquire(Counsel for Vascular Associates,P.C.) X4icaeA. �onetsco Plamtif 101 Texaco Road Mechanicsburg Pa. 17050 717-503-8625 State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly s;ggn and identified in accordance with law, did execute the forgoing in my Presence this VV day of 2 3 COMMONwEuT"'AMAW% Commission Expires Notarial Seal IA Kathieen Susan May,Notary MY Comm Tw '' ry Public P Cumberfand Coun MEMBER,PEN r. Oa.7 2014 NPYLVANtA ASSpgATION OF N OTARIES MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRNP SELENA DIPAOLO, NO. 2012—3626 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 301H-day of MAY, 2013, a Rule is issued upon Defendant Holy Spirit Hospital to Show Cause why the Plaintiff's Motion for Subpoena should not be granted. Rule returnable twenty (20) days after service. By th , Edward E. Guido, J. Michael A. Konetsco 101 Texaco Road Mechanicsburg, Pa. 17050 Holy Spirit Hospital Zeba A. Syed, M.D. Selena Dipaolo, M.D. 503 N. 21s' Street Camp Hill, Pa. 17011 `,.,�/!!AS ,Orn- 4Mi41� Vascular Associates, P.C. 816 Belvedere Street arlisle, Pa. 1_7013 *19/4/4 AW c , LEBER& BANDUCCI - Plastic Surgery , 2807 North Front Street , ;T'. isburg,Pa. 17110 i .: CIA . a. zp-j `!3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Michael A.Konetsco Plaintiff File No. 12-3626 VS. CRNP Selena Dipaolo Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Sprit Hospital Human Resource CRNP Selena Dipaolo.) (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: I would like to get Defendants Work History from the first day,Defendant started until the day Defendant Left your Employment.Any and all Disciplinary Records,if Defendant is still Employed at Holy Sprit.If Defendant is no longer employed with your Hospital I'd like the records as to why Defendant was let go?Especially the Emergency Room Disciplinary Records no matter how Trivial. How Defendant got along with her coworkers in and out of the Emergency Room.And how many complaints which may have been filed with your Hospital about Defendants Work Ethics during Defendant's employment? at 101 Texaco Road Mechanicsburg Pa. 17050 (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: Michael A,Konetsco ADDRESS: ioi Texaco Road Mechanicsburg Pa.17050 TELEPHONE: (717)503-8625 SUPREME COURT ID# ATTORNEY FOR: BY THE COURT* Prothonotary,Civil Division Date: Seal of the Court Deputy IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PLAINTIFF(s) Case No. 12-3626 Civil Term Michael A. Konetsco Civil Action vs. Defendant(s) Holy Sprit Hospital Pa.CRNP Selena Dipaolo MD.Zeba A. Syed Vascular Associates P.C. Leger&Banducci Plastic Surgery(Ltd) MOTION for SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 1) Plaintiff filed on April 3rd A Subpoena to Human Resource at the Holy Sprite Hospital For CRNP Selena Dipaolo. 2)They are now 16 days past the 20*day in which to get Plaintiff the information that by law gives them 20 days to do so. 3)1 had hoped to get Subpoena's from all the other Defendant's before hand. But the Plaintiff now Demands that the Court orders the Documents be turned over to Plaintiff no later than May 22 nd 4)WHEREFORE Plaintiff Demands an order for the Information Asked for in the Subpoena. Together with such and other and future relief as the court may deem reasonable and just under the Circumstance's. Plaintiff State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in accordance with law, did execute the forgoing in my Presence this \'-\ day of My Commission Expires Notary Public COMMONWEALTH OF ENNSYLVANLA Notarial seal Kathleen Susan may,Notary pubk Hampden TwP-,Cumberland county MY C"5slon Expires OCL 7,2814 MEMBER,PENNSYLVANIA A. OF NOTARIES 4 MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ZEBA A. SYED, M.D. NO. 2012—3626 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 30TH day of MAY, 2013, a Rule is issued upon Defendant Holy Spirit Hospital to Show Cause why the Plaintiff's Motion for Subpoena should not be granted. Rule returnable twenty (20) days after service. ;;;ourt, Edward E. Guido, J. Michael A. Konetsco 101 Texaco Road Mechanicsburg, Pa. 17050 Holy Spirit Hospital Zeba A. Syed, M.D. Selena Dipaolo, M.D. 503 N. 21St Street mp Hill, Pa. 17011 /n. G/1w,' .c Xse. Vascular Associates, P.C. 816 Belvedere Street Aisle, Pa.J 701 LEBER& BANDUCCI -vim a Plastic Surgery ' 2807 North Front Street arrisbujg, Pa. 17110 T �/V V f�/\I • �� V/''�"1 • �' Cat - A Ca I Ld S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Michael A.Konetsco Plaintiff File No. 12-3626 VS. Zeba A. Syed MD. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Sprit Hospital Human Resource (Zeba A. Syed MD.) (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: I would like to get Defendant's Work History from the first day,Defendant started.until the day Defendant Left your Employment.Any and all Disciplinary Records and Records as to why Defendant was let go from your Employment?Especially the Defendant's Emergency Room Disciplinary Records no matter how Trivial.How Defendant got along with her fellow coworkers in and out of the Emergency Room.And how many Complaints which may have been filed with your Hospital about Defendant Work Ethics during Defendants employment. at 101 Texaco Road Mechanicsburg Pa. 17050 (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: Michael A.Konetsco ` ADDRESS: 101 Texaco Road Mechanicsburg Pa.17050 TELEPHONE: (717)503-8625 SUPREME COURT ID# ATTORNEY FOR: BY THE COURT: Prothonotary,Civil Division Date: Seal of the Court Deputy F 3 ' IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PLAINTIFF(s) Case No. 12-3626 Civil Term Michael A. Konetsco Civil Action vs. Defendant(s) Holy Sprit Hospital Pa.CRNP Selena Dipaolo MD.Zeba A. Syed Vascular Associates P.C. Leger&Banducci Plastic Surgery(Ltd) MOTION for SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 1) Plaintiff filed on April 3rd A Subpoena to Human Resource at the Holy Sprite Hospital For Dr. Zeba A. Syed. 2)They are now 16 days past the 20'''day in which to get Plaintiff the information that by law gives them 20 days to do so. 3) I had hoped to get Subpoena's from all the other Defendant's before hand. But the Plaintiff now Demands that the Court orders the Documents be turned over to Plaintiff no later than May 22nd 4)WHEREFORE Plaintiff Demands an order for the Information Asked for in the Subpoena . Together with such and other and future relief as the court may deem reasonable and just under the Circumstance's. �C, Plaintiff State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified accordance 'th law, did execute the forgoing in my Presence this\�1 day of Aw,,��O\� My Commission Expires,,�- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kathleen Susan May,Notary Public Hampden Twp.,Cumberiand County My Commission Explres pct,7,2014 "EMBER'PENNSYLVANIA ASSOCIATION OF NOTARIES MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, NO. 2012—3626 CIVIL TERM CRNP SELENA DIPAOLO, M.D. ZEBA A. SYED, VASCULAR ASSOCIATES, P.C. LEBER& BANDUCCI PLASTIC SURGERY, LTD., Defendants ORDER OF COURT AND NOW, this 30TH day of MAY, 2013, a Rule is issued upon Defendant Holy Spirit Hospital to Show Cause why the Plaintiff's Motion for Subpoena should not be granted. Rule returnable twenty(20) days after service. By e Co , Edward E. Guido, J. Michael A. Konetsco 101 Texaco Road Mechanicsburg, Pa. 17050 Holy Spirit Hospital Zeba A. Syed, M.D. Selena Dipaolo, M.D. c 503 N. 21" Street Camp Hill, Pa. 17011 M. Gam►:/Ll ��Q• �� w Vascular Associates, P.C. r =' 816 Belvedere Street Carlisle, Pa. 17013 LEBER& BANDUCCI ' Plastic Surgery 2807 North Front Street Harrisburg, Pa. 17110 ��.vans.�. �o•s7��/�d� �.tQ . L 3�i� i 1678386.doc DICKIE,MCCAMEY&CHILCOTE,P.C. ATTORNEY FOR: DEFENDANT BY:Thomas M.Chairs,Esquire HOLY SPIRIT HOSPITAL ATTORNEY I.D.NO. 78565 BY:Aaron S.layman, Esquire ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 12-3626 V. z n t CIVIL ACTION - MEDICAL HOLLY SPIRIT HOSPITAL, SELINA c ,;rte__. DIPAOLO, CRNP, ZEBA A. SYED, M.D., VASCULAR ASSOCIATES, P.C.,VASCULAR "'.� n ASSOCIATES, P.C.AND LEBER& JURY TRIAL DEMAND EDr�o BANDUCCI PLASTIC SURGERY, LTD., Cam',, --r-- Defendants. HOLY SPIRIT HOSPITAL'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUBPOENA AND NOW, comes Holy Spirit Hospital, by and through its counsel, Dickie, McCamey & Chilcote, P.C., and hereby responds in Opposition to Plaintiff's Motion for a Subpoena and in support thereof avers as follows: 1. A judgment of non pros was entered in favor of Holy Spirit Hospital and against Plaintiff on August 10, 2012. 2. On February S, 2013, this Honorable Court denied Plaintiffs petition to open the judgment of non pros entered in favor of Holy Spirit Hospital. 3. On April 23, 2013, this Honorable Court denied Plaintiffs motion to vacate the judgment of non pros entered in favor of Holy Spirit Hospital. 4. Despite the foregoing procedural history, Plaintiff filed a motion for subpoena directed to Holy Spirit Hospital on May 17, 2013. 5. The Motion for Subpoena was not served on counsel for Holy Spirit Hospital. 6. Counsel for Holy Spirit Hospital received this Honorable Court's Order dated May 30, 2013 issuing a rule upon the hospital to show cause why the Plaintiff's motion for subpoena should not be granted. 7. The Motion for Subpoena should be denied on procedural and substantive grounds. 8. This case has been closed as to Holy Spirit Hospital for approximately ten (10) months. 9. In addition, Plaintiffs subpoena failed to comply with Pa.R.C.P. 4009.21 and Pa.R.C.P. 4009.22. 10. Plaintiff failed to serve a notice of intent to serve a subpoena at least 20 days prior to the date on which the subpoena was served on Holy Spirit Hospital which is required pursuant to Pa.R.C.P. 4009.21 11. In addition, a copy of the notice of intent was not attached to the subpoena that was served upon the Holy Spirit Hospital which is required pursuant to Pa.R.C.P. 4009.22. 12. The subpoena is therefore defective and should be stricken. 13. In addition, the subpoena seeks the personnel and credential files of CRNP, Selena Dipaolo and Dr. Zeba A. Syed, both of whom have also obtained judgments of non pros in their favor and against Plaintiff. 14. The subpoena requests the following: 2 I would like to get Defendant's Work History from the first day, Defendant started, until the day Defendant Left your Employment. Any and all Disciplinary Records and Records as to why Defendant was let go from your Employment? Especially the Defendant's Emergency Room Disciplinary Records no matter how Trivial. How Defendant got along with her fellow coworkers in and out of the Emergency Room. And how many Complaints which may have been filed with your Hospital about Defendant Work Ethics during Defendants employment Subpoena related to Dr. Syed attached hereto at Exhibit"A" I would like to get Defendant's Work History from the first day, Defendant started until the day Defendant Left your Employment. Any and all Disciplinary Records, if Defendant is still Employed at Holy Spirit. If Defendant is no longer employed with your Hospital I'd like the records as to why Defendant was let go? Especially the Emergency Room Disciplinary Records no matter how Trivial. How Defendant got along with her coworkers in and out of the Emergency Room. And how many complaints which may have been filed with your Hospital about Defendant's Work Ethics during Defendant's employment? Subpoena related to CRNP Dipaolo attached hereto at Exhibit"B." 15. The Plaintiffs subpoenas, although invalid for the reasons set forth above, should also be denied because the request is overly broad and unfocused and protected from disclosure by the Peer Review Protection Act. 16. In Shedlock, Judge Wettick took a strict position on the discoverability of defendant hospital employees' personnel and employment records. Shedlock v. UPMC Presbyterian, Inc., 69 Pa. D.&C.4th 1 (C.C.P. Allegheny Cnty. 2004). Judge Wettick showed disfavor for "broad and unfocused" discovery requests by parties. 17. Plaintiff Shedlock sought broad discovery regarding seven physicians who provided treatment to the plaintiff at the defendant hospital. Some of the information 3 sought included, inter alia, information regarding staff privileges, continuing education, complaints by patients concerning their treatment, actions against the physicians by credentialing and executive committees, and National Practitioners Databank information. Id. at 4-5. The defendant did not claim that the requests were protected by the Peer Review Protection Act, but objected on the basis that the requests were overly broad and were not relevant to plaintiff's claims against the hospital. Judge Wettick denied the request, concluding that "the purpose of Rule 4011 is to prohibit such broad and unfocused discovery requests seeking records that are likely to include confidential information and appear to have almost no relevance to the subject matter of the litigation." Id. at 9. 18. Plaintiff Waldschmidt sought personnel files of several individuals who treated the decedent and were employed by the defendant hospital. Judge Wettick initially noted, "personnel files are generally considered by the employer and the employee to be confidential. Consequently, these files are protected from broad unfocused discovery requests under Pa.R.C.P. 4011(b) which bars discovery which causes unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party." Id. at 8. Judge Wettick denied plaintiff's discovery request, referring to the request as "broad and unfocused." Id. at 9. 19. While Judge Wettick precluded the discovery of personnel files because the requests were broad and unfocused, other courts have found that personnel file materials may be shielded from discovery under the Peer Review Protection Act. See Walmsley v. Penn. Hospital, 34 Pa. D.&C.4th 320 (C.C.P. Phila. Cnty. 1996) (granting peer review protection to personnel file materials that were in the nature of peer evaluations); Steinbacher v. Mariano, 19 Pa. D.&C.4th 399 (C.C.P. Lycoming Cnty. 1992) (same). In 4 addition, the Superior Court has granted peer review protection to materials related to information submitted for the review of a physician's staff privileges. Young v. Western Pennsylvania Hospital, 722 A.2d 153 (Pa. Super. 1998); Cooper v. Delaware Valley Medical Center, 630 A.2d 1 (Pa. Super. 1993). 20. The Peer Review Protection Act defines peer review as the procedure for evaluation by professional health care providers of the quality and efficiency of services ordered or performed by other professional health care providers. 63 P.S. § 425.2. Peer review records are protected in order to encourage increased peer review activity, which should ultimately result in improved health care. Sanderson v. Bryan, 522 A.2d 1138, 1139 (Pa. Super. 1987). 21. In Sanderson, plaintiffs filed a medical malpractice action against defendant doctor and hospital. Sanderson v. Bryan, 522 A.2d 1138 (Pa. Super. 1987). Plaintiffs sought discovery of documents maintained by any review organization within the hospital involving,the evaluation and review of the defendant doctor. The Superior Court concluded that these documents were protected from discovery by the Peer Review Protection Act, 63 P.S. § 425.1 et. seq. 22. Similarly, in Dodson, plaintiff sought discovery of documents related to the performance of defendant doctor. Dodson v. Deleo, 872 A.2d 1237 (Pa. Super. 2005). The documents provided details of the doctor's cases which were reviewed by the Quality Assurance Committee (QAC) for a given year, delineated actions taken by the QAC, and were utilized exclusively within the doctor's credentialing file. Again, the court found that these documents were protected by the Peer Review Protection Act. The court noted that 5 "requests for documents covered under the PRPA must be clearly defined and narrowly tailored." Id. at 1242. 23. Document requests under the PPRA may be denied where they are "insufficiently specific." Id. (citing Cooper v. Delaware Valley Medical Center, 630 A.2d 1 (Pa. Super. 1993)). 24. Several Courts of Common Pleas have precluded discovery of documents in the nature of performance evaluations. In O'Neill, Judge Wettick precluded discovery of evaluations, opinions, and findings generated by health care providers on behalf of the Joint Commission on Accreditation of Hospitals with respect to the review of practices and procedures of the defendant hospital. O'Neill v. McKeesport Hospital, 48 Pa. D.&C.3d 115 (C.C.P. Allegheny Cnty. 1987). In Walmsley, the court denied a discovery request for evaluations of the work performed by the defendant doctors, finding that the Peer Review Protection Act protects such documents from discovery. Walmsley v. Penn. Hospital, 34 Pa. D.&C.4th 320 (C.C.P. Phila. Cnty. 1996). Similarly, in Sotack, the court denied a discovery request regarding clinical and competency reviews pertaining to the defendant doctors. Sotack v. Gnaden Huetten Memorial Hospital, 36 Pa. D.&C.4th 155 (C.C.P. Monroe Cnty. 1997). 25. In light of Judge Wettick's position in Shedlock, plaintiff's discovery request for the personnel files of Selina Dipolo, CRNP and Zeba A. Sayed, M.D. should be denied. In addition, the materials in the personnel files would be shielded from discovery under the Peer Review Protection Act. 26. Based upon the foregoing, it is respectfully submitted that Plaintiffs Motion for Subpoena be denied on procedural and substantive grounds. 6 WHEREFORE, Defendant, Holy Spirit Hospital respectfully requests that this Honorable Court enter the attached order Respectfully Submitted, DICKIE, MCCAMEY& CHILCOTE, P.C. Date: June 6. 2013 By: Thomas . C a rs, Esquire Attorney 1. . o. 78565 Aaron S. layman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Holy Spirit Hospital 7 EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND -Michael A. Konetsco Plaintiff File No, 12-3626 vs. Zeba A. Syed MD. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO.. H_oly Sprit Hospital Human Rcsource (Zeba A. Syed MD.) (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the 1611owing documents or things: I would like to get Defendant's Work History from the lirst day.Defendant started.until the day Defendant Left your klmolo�:nenl.Any and all Disciplinary Records and Records as to why Defendant was le- go from your Fioplm mcni.?Especially the Defendant's Emergency[Zoom Disciplinary Records no matter how Trivial.How DO'endant got along with her fellow coworkers in and out ofthe Emergency Room.And how many Complaints ,xhici may have been filed with your Hospital about Defendant Work Ethics during Defendants employment. 1()1 Texaco Road Mechanicsburg Pa. 17050 __.._---'----"_ (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 Thinps!;ought. If you fail to produce the documents or things required by this subpoena within twenty(20)days all-n-it:;service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS ISM11POENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM),,': Michael A.Konetsc( AD13RESS: Pa 17050 I VEI-THONE: (717)503-.R62.5 SUPP EIVIF COURT ID H MTORNEY FOR: BYTHE COURI 013 Prothonotar-\, ivil Division Dale: 'Seal of the Court Deputy EXHIBIT B COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Michael A. Konetsco Plaintiff' File No. 12-3626 VS. -- — - CRNP Selena Dipaolo -•------ - -----.^ Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ _ Holy Sprit Hospital Human Resource ( CRNP Selena Dipaolo.) (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered b:, the court to produce the f6 lov;ing documents or things: I would like:to get Defendant's Work History from the first day,Defendant started until the day Defendant Lela your I:mploymenl.Any and all Disciplinary Records.if Defendant is still Employed at Holy Spit.if Defendant is no longer employed with your Hospital I'd like the records as to why Defendant was let go?E,.pecially the Emergency Room D isciplinary:Records no matter how Trivial. How I)er'endant got along with her coworkers in and out of the Emergency Room.And hoN- many complaints which nay have been filed with your Hospital about Def'endant's Work Ethics during Defendant's employment? a, 1O1_Texaco Road Mechanicsburg Pa. 17050 (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 reouest at the address listed aboN)t. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thin-s sought. If you fail to produce the documents or things required by this subpoena: within twenty (20)days ater is service,the party serving this subpoena may seek a court order compellinf you to comply with it. TI-PS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON; NAME. Michael A.Konetsco .ADDRI'SS: Matnmcslmrp t'e.17050 — — —'-- TELEPHONE: (717)503-8625 SUPREME COURT ID AT'ORNI Y FOR: BY THE COURT- Prothonotary,Civil Division Seal of the Court Deputy CERTIFICATE OF SERVICE AND NOW, June 6, 2013, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing HOLY SPIRIT HOSPITAL'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUBPOENA upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 (Pro Se Plaintiff) Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Zeba A. Syed, M.D.) Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Vascular Associates, P.C.) Steven D. Costello, Esquire POST & SCHELL, P.C. 1245 South Cedar Crest Boulevard Suite 300 Allentown, PA 18103 (Counsel for Defendant, Selena DiPaoli, CRNP) Sarah W. Arosell, Esquire THOMAS,THOMAS &HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (Counsel for Defendant, Leber& Banducci Plastic Ltd.) Aaron S. Ja a quire (3 MICHAEL A. KONETSCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff, NO. 12-3626 Cl) V. CIVIL ACTION - MEDICAL Mme: = rTl-- 2--:;0 HOLLY SPIRIT HOSPITAL,SELINA U)r- DIPAOLO, CRNP,ZEBA A.SYED,M.D., VASCULAR ASSOCIATES, P.C.,VASCULAR ASSOCIATES, P.C.AND LEBER& JURY TRIAL DEMANDED :zc:) CM BANDUCCI PLASTIC SURGERY, LTD., Defendants. ORDER AND NOW, this/70ay of La#A4*V1— 2013, upon consideration of the Motion for Subpoena and the Response in Opposition thereto filed by the Holy Spirit Hospital, Plaintiffs Motion for Subpoena is hereby DENIED. The subpoenas directed to Holy Spirit Hospital for the personnel and credentials filed of Selina Dipolo, CRNP and Zeba A. Sayed, M.D. are QUASHED, This Court will entertain Motions for Counsel fees to be imposed against the Plaintiff should Plaintiff attempt future filings in this matter as to Holy Spirit Hospital. This case is CLOSED as to Holy Spirit Hospital. BY THE COURT: "DI-stribution: �chaejl A. Konetsco - Pro Se Plaintiff ,,," ,--on S. Jayman, Esquire- Counsel for Holy Spirit Hospital Zeigh A.J. Ellis, Esquire- Counsel for Zeba A. Syed, M.D. y B. Leonard, Esquire - Counsel for Vascular Associates, P.C. 9 '��fley P. Parker, Esquire- Counsel for Vascular Associates, P.C. 1---Sfeven D. Costello, Esquire - Counsel for Defendant, Selena DiPaoli, CRNP 1--s rah W.Arosell, Esquire- Counsel for Defendant, Leber&Banducci Plastic Surgery, Ltd.) l11 )�s t . es/- — LL In The Court of Common Pleas Cumberland County,Pennsylvania Civil Division Plaintiff Michael A. Konetsco Case No. 12-3-626 VS. CD Defendant(s) i>c:: CO Holy Sprit Hospital C-n Selena Dipaolo CRNP.. MD. Zeba A. Syed LeBer&Banducci,LTD Vascular Associates P.C. Potition For Extenion of Time 1)Plaintiff Is asking for an Extenion of time in which to file for Death in Family. 2)Plaintiffs Mother pased away and Plaintiff has been�trying to get his appeal together but has been having a very ,very hard time trying to get things done. 3)Plaintiff has a due Date of June 56 for his Appeal to the Superior Court.As Plaintiffs Mothers Furenal is on June 7ffi . 4) And the Plaintiff along with his Brother From Fla,where Mother Lived with him. And one Sister Comming in from Alaska,and one from Mechanicsburg. 5)The Plaintiff is asking untill the end of Janury 2014 to be able to get His Mothers things in order. 6) So that Plaintiff can give his Case the Proper Attention It Deserves, in the interst of Justics . 7)WHEREFORE Plaintiff Demands Judgement for an Extenion of timetogether with such and other and Ruture relief as the court may Deem reasonable and just under the Circumstance's. Va-/0 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Division Plaintiff Michael A. Konetsco VS. Case No. 12-3626 Civil Tenn Civil Action Defendant(s) Holy Sprite Hospital Selena Dipaolo CRNP MD.Zeba A. Syed Vascular Associates P.C. Le Ber&Banducci Certificate of SERVICE I hereby certify that I am this day serving the following document, in the above captioned case,upon the person's and in the manner indicated below. Which service satisfies the requirements of Pa.R.A.P.12 1. Under Penalty of Perjury, I Certify That a copy of the foregoing by Regular U.S. Mail to. CC. Honorable Judge Hess Honorable Judge Guido Leigh A.J. Ellis,Esquire/Cindy N.Ellis,Esquire(Counsel for Zeba A. Syed,MD Thomas M. Chairs,Esquire/Aaron S. Jayman,Esquire(Counsel for Holy Sprite Hospital Sarah W.Arosell,Esquire (Counsel for Leger&Banducci,Plastic SurgeryLtd.) Steven D. Costello,Esquire(Counsel for Selena DiPaolo,CRNP) Wiley P. Parker, Esquire/Amy B. Leonard,Esquire(Counsel for Vascular Associates,P.C.) Michael A.Konets o Plaintiff 101 Texaco Road Mechanicsburg Pa. 17050 717-503-8625 State of Pennsylvania County of Cumberland Before me personally appeared Michael A. Konetsco who being duly sworn and identified in accordance with law,did execute the forgoing in my Presence this k day of 2013 Notary Public My Commission Expires _M(IA ?I > COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa M.Kramer,Notary Public North Middleton Twp.,Cumberland County My Commission Exptres May 23,2015 MEMBER,PENKYLVANIA AssociAnoN OF NOTARIES In the Court of Common Pleas of Cumberland CountyPennsylvania No 12-3626 Civil Term Plaintiff Michael A.Konetsco VS. Defendant's Holy Sprite Hospital Selena Dipaol CRNP Zeba A. Syed MD. Vascular Associates Le Ber& Banducci Precipice I the Plaintiff Am resubmitting a new Certificate of Service , Potition For Extenion of Time &Order This is to Null and Void the Papers that were submitted on May 30" . 1 feel that Maybe the Honorable Judge Hess will right this Wrong that has been done to the Plaintiff during Plaintiffs Case.And to add the rest of the paper work to be add to Plaintiffs case already on web site. -75 7�7 Prothonatary 20 Attorney Info Pro Se Plaintiff Michael A. Konetsco �I'Ht-PA1-RTOT-THEWS% PENNLIVE.COM 4 ,/"DOW 0.20% VNASDAQ 0.63°, HEALTH CARE 'The Pennsylvania Health Care Cost Cor and procedures is not a list Exiini i al • • BY DAVID WENNER I The reporx dwenner @patriot-news.com hree Harrisburg-area hos- pitals had at least one high a see 'lull t death rate in a statewide �� al!Fxp, report focusing on 31 com- ;rte mon treatments and procedures. But none came anywhere near to " leading the state in high death rates. M " Still,any high death rate or high + readmission rate is something pro- spective patients should talk to ... ' their doctor or hospital about. It's also something the hospital ! i - should examine closely and im- prove upon,said Stephanie Suran,a 1 spokeswoman for the Pennsylvania Health Care Cost Containment Council,which issued the report. Good Samaritan Hospital in Leb- anon had significantly higher than expected death rates for patients treated for three things:congestive heart failure,infectious pneumonia and respiratory failure. Holy Spirit Hospital in Cum- berland County had significantly ' higher,than expected death rates for two things:heart attack patients treated with medication rather than surgery,and respiratory patients on breathing ventilators. Penn State Milton S.Hershey •The report covered 158 hospitals statewide.Two had Medical Center had one significant- significantly higher than expected death rates for seven ly higher than expected death rate, of the 31 conditions and treatments.One had high death for patients with blood poisoning.It rates for six;one had high death rates for five;three had also had high re-admission rates for high death rates for four;three had high death rates for three things. three;48 had no significantly higher than expected death Harrisburg-based PinnacleHealth System had no high death rates.It rates. had high readmission rates for •Good Samaritan had significantly higher than expected three things. death rates in three categories.On the plus side,Good Carlisle Regional Medical Center Samaritan had significantly better than expected was one of 48 hospitals that had no readmission rates for two kinds of patients. high death or readmission rates. •Holy Spirit Hospital,above,had significantly higher Spokesman Bill Mulligan said than expected death rates in two areas.Holy Spirit had ' Good Samaritan's high death rates significantly better than expected readmission rates for were all in categories in which the two n;r�ds at p.�iiPntc. hospital had low volumes of cases, "which contributed,to a_few.very . r' sick a it'nts slowing the re.,ml,s." In each case,thc:,; wLxL only two expected death rate for congestive across a broad rar,F or three more deaths than ex- heart failure,it also rated better validate our Comm pected,he said. than expected for readmissions and tient-centered qua; However,the cost containment length of stay in the same category, and outcomes." council said it"risk adjusts" for pa- a reflection of efforts to deliver The goals of the tients'varying lcv,is of ilint high ga,-'ity care. help people comps Mulligan also said rr it •.v uile Pinnacle said:"We are; : _ to put public pres- Good Samaritan had a nigher than pleased with these r.-- which, l o —1"L. i T URSDAY, SEPTEMBER 23, 2010 • A16 • h • t !o CLOSE 2,334.55 ' S&P 500 0.48% CLOSE 1,134.28 itainment Council says its report on 31 common treatments of`good and bad hospitals.' .ient outcomes braced the reports.They.said such information is a key to improving health care quality and lowering costs. �- Suran said the report is a"snap- J shot...it's not a list of good and bad i hospitals." "Patients t r.. � s can f t just add up black h dots and assume that a Hospital with more of them is a bad hospi- tal,".she said,referring to symbols �� - • „.; p contained in the report. ., Rather,the report is one of the tools they should use in choosing a �v4 -hospital,she said. ° The report examines outcomes, ' J, for conditions such as abnormal heartbeat,congestive heart failure and stroke,and medical procedures lr1 such as abdominal aortic aneurysm repair,gallbladder removal and hip fracture repair. Much of the focus is on whether a higher than expected number of patients died or had to be readmitted within 30 days because =' of medical complications. r.. While readmissions aren't always the fault of the hospital,top notch care can reduce readmissions. . � Statewide,the report found that in 2Q categories included in the re- DAN GLErrER,The Patriot-News port annually since 2002' the death rate has dropped consistently,to 4.1 •Penn State Milton S.Hershey Medical Center had a percent,or slightly more than four significantly higher than expected death rate for one kind patients out of every 100. of patient.It had significantly higher than expected Similarly,it noted that readmis- readmission rates for three kinds of patients.It had a sion rates also have fallen signifi- signifcantly better than expected readmission rate for cantly over the years,although they congestive heart failure patients. may have plateaued at about 19 per- cent.PinnacleHealth System had no significantly higher The Hospital&Healthsystem than expected death rates.It had significantly higher Association of Pennsylvania said than expected readmission rates for three kinds of the report shows the efforts of hos- patients.Pinnacle had a significantly better than pitals to lower death and readmis- expected readmission rate for diabetes patients. sion rates are succeeding. •Carlisle Regional Medical Center had no high death "As with last week's cardiac sur- rates,and had a significantly better than expected gery report from[the cost contain- { readmission rate for kidney failure patients. ment council],the hospital commu- •The full eport can be read at www.phc4.org. nity will use the information in the hospital-performanct report to fur- ther reduce mortality and to help identify the causes of readmissions e of categories, The reports can be a sensitive and implement evidence-based tment to pa- subject for hospitals,which some- strategies to reduce those readmis- ty care,safety times quibble over methodology sion that are preventable,"said and worry they will alarm rather Carolyn F.Scanlan,president of the ,eport are to than inform patients. hospital association. •e hospitals and But businesses who a- for .The who p ay highest death rate,27.G per- ire on hospitals health care or advocates who want cent,was for respiratory patients to empower patients have em- who needed aubreathing ventilatnr --- . ......._.............___._._....._ . t 0M.DATE: 08/14/2010 CHIEF COMPLAINT, Bilateral upper and lower extremity swelling. Rash on the extremities. HISTORY OF PRESENT ILLNESS: This is a 55-year-old male from community who underwent right leg throm:bectomy and fourl compartment fascoto.my on 6/12/10, He had a wound VAC placed on the right lower extremity on both sides. Since then the patient has had a wound VAC and the wound has been progressively improving. However,since last the one week the patient states he has been developing swelling In the bilateral upper and lower extremities,mainly he is concerned for the upper extremities. He states that sometimes swelling is there and sometimes it is not, Also he complains of posterior type rash present on the upper and lower extremities mainly on the lower extremities on the right shin and left thigh.. The patient says that he has multiple joint pain and because of that he is not able to walk at present. Otherwise he denies any tither complaints. No chest pain or shortness of breath. No palpitations or light headedness. No nausea,vomiting,diarrhea,or abdominal pairs. No urinary complaints. The patient is currently sitting in a wheelchair in no acute distress, PAST MEDICAL HISTORY: Arthritis, history of DVT and;PE. History of right leg,mild foot drop secondary to peroneal nerve injury. abdominal masses. Nontender. No guarding or rebound. i EXTREMITIES: ` `His right lower extremity is cold,mottled and pale from the midcalf to the foot. He has a palpable femoral pulse on the right side,but it's somewhat weaker than the left side. He has palpable popliteal and pedal pulses on the left. On the right side,there is no palpable popliteal or pedal pulses. He has no Doppler signals that can be 'detected in the right foot. The right foot is cold. There is some capillary refill in the foot. `There is numbness on the top of the foot. His EKG is normal. Ultrasound of the right lower extremity shows no deep ;S venous thrombosis. Hemoglobin is 14,hematocrit 41,white count 7.8, platelets 224. His blood alcohol level is elevated at o.9. CK is 17s, creatinine 1. IMPRESSION: Right lower extremity arterial ischemia ,probably acute. RECOMMENDATIONS: 1 recommend that we take him to the operating room for right femoral exploration and probable thrombectomy, possible bypass. I feel that urgent exploration and revascularization is the best option to t: try to salvage his leg. Fasciotomies may be needed. The risks and i benefits of the procedure,as well as the complexity of the procedure and Y, possible need for fasciotomies were discussed with the patient. I told the patient 1 could not guarantee that I would save his leg,but l will do the best I can. ADMINISTRATIVELY SIGNED BY: JUDITH COOK, M.D.06/15/201015:28 JOSEPH CAMPBELL,MD DATE/TIME yi JC/ck DOC#:944714 D:06/12/2010 10:57 A T:06/12/2010 1:05 P 000469631 cc: JOSEPH CAMPBELL,MD E �, JJ ff jj jj tt !!rr jjrr {{!! rrii iijj ff Awxes3 nu-.,t.7 Al staftz ttnd nutritt-anal risk factors May chvrk ss r ax. ftti>ry Vbyjc jfjrj If JAMS than 9016. Instruct 0*1 3, s assuven gird tttoroar+cr' plan. Instruct g"14 +� dirdctilts, :ighty *:4 roaponttibilitION, x*tvico �uthbi`imAtion d darivacy tat. P-Oubliab ct QI W%, 6NI 1 Was3 6W rim vi w ti t/18 pro to annean vw lox wound ease noods sod armlicatim of wa d VAC. ON 1 Won e � Xt ok 2 Admiagixan C s vjjol On 6/18/lO. P14r.r•.s6 continua► 99 v1siba tm: than following: nkillbd a!tnr iii ui,t Includi.ntp tttttsasa7c•r tt of aystaimlf tolaLtod to idiagnolfea, Va, modam MS ansr r.Yrct+ 'Pt0v5lGwd. Asnklaa Pa Lt. 71 pain nanagataut. Assess nu r; , n Arad hyidr6tibn, Asaaaa pu Lt., f IA Riot¢d and notif j .m it loss than 90C ZrsptzYStat vr., :a 1$t:y Imsur4�, tall P::it "OnUCm, infection control.Vxecaut$.on4r %va al psect,atil�a3 and amargandy`,: Plan A.truet a t ai. :' bit i,r4jiiiiiv 04- raves _,.ri�aer3 on. 3ststtsitt a vf:ion achaadulo. Instruct rite y is action Arid bido 6:'1:' acts of Ixedicaationx. Inntrtict mt. . it,n and hydration. Instruct .. a tied ax ttpt=0 tt:+ rqpml to physiti.an. S3 strrict ltttgytrtautt tert,r;13quos, Assoaa he,41 vmicw'sa of night lat>>t it lowar Ing vound, Maas= ioa r:ltkly: Provide .dvw t::tb. Clatt"O t i s US or Round Clenos$x 11pply:WoI t'. ski ft pr+stoct.°rnt. Apply A(bpiz •0 distal "Ound kind. Pack Voni,',�t 1 I IISS wet to di-I 4x4ii Covor oil la ° $90 ur9 W!10? D &.»x typo tap" rta4wrt v o, u liaid Carla in d4_11Y. YlsSell13 hi v t �j)mcoav o'a 3tight f od;.!t I lag t oUhd. K�Agsur* i V'j m a)AY. Cloar4e -it !0 or Worm$ Clams= Apply .No::*l ��,to SkLn pr^otoct:ant. Ada'pti.c ,CO; }}c. ;tnyox to wound had a•i+nxinry tandoaxs, almc'lo and oxposed varrrstols. Apply bl:teA 1 t It:. covor wl I t t1rapa.. WNT 100 'uo otjnaJoUn F:r.t3tit34AC;" c punid carp $.1t 3 t•''Com I. w$ak. mny stake 2 A vaonal as visits 7.0,no ly war wound problezfi, to 48ats's wound VAC r isau Aft t r**P7P1Y ttOW d YAK: dxasaisag, May aPpl' P teat to dry prn fom wom:A V= pi:nblax'a- Tn,str uct t:.t i s a t shootIngr "und VAC .'roblMs Instruct vt it ;Ire and epplpiA9,N=t::; wnt to airy dr$tftlingr i xrscl i i!'H;:icatirsns of not aCOU, lttt3bn therapy. Plt+t a c *,+ atimajzm Q wtisxk x:t makn ;:mv5nnina 6/21/1'0, May uve $cA! .i ct.ar TURAt.'t.D MOtox'. - xn:7tzuct xc gttcJt7a.9.�os+. pa;nrautio,r;�• - Instruact ,f• )1611., doeO And ai,dtf oftnt!-ts Of Ccum*din :'-Imt:ruct a I ;.1nd symptc as 0i'bS$e -'»ag. xnstruat 1 ar+d syraPt9ma to S?Mii' ,,t to physician. • .. t7S7h1'�ltl �. ti.AD AOtnfaE»1a tyi!!:t'lar�? P arts 60A1ats sat .,' t4AWCZ Will daaOt7s :: ata kttowlodga of wound cseeatia and wound vac tx Its ahahi i»tig by 7/BII0. Wounds will bu h, .:•rac. without Corplicat:;i,''z am evidonc$d by u decral"e in arxausurafcafnts by 7/3/10. Slain will k7n well ntawove 1„ 11 Ivi tout: gpigoda of um';: . Patjtont will damsznx'txai<a uadoratttnd;Lml V ampli.Ant:a with maadicatioDs as orders C.e i b+tut eapisodg cJi' caxa, IM ,rill by hor*"utic by 6/24/10. Pntici ill data sstsate kaowc$dg+s of stir od ti i, tsracanti Ono >tr d Aiq.:,f Ot; compli,cat.'.on by 7/3/10. ROh*b Pot$nt:.i 1 Coed, DI!IChaargo Plazss: L'isGlaf�cy6 to Dull it .Ucrtrrlgivrr nffai.pt ra:s -v fidaxd whon goals mat, 23. 27urJ "' 7'iasura and Datsa ;�vorba;t•• yC Wh F� Aty }.:o. lblv4 23. Date HPA 3Maw3.va' $ 4tsMti EtYS i,r r EE f 4 ,,. f_. 1664621 its j Xoanl:ec0, Michha1. A Celt, Nktas: 5�3812s3:4 To. 813CJ2t#34 r art of Ca u z+n0ns z of 3 900/600•d SLED# 91 L858LSLLLL U:80 c!LOUBU90 ......... . —. Y !!(Il1111111��!l ill lilll11i11illlilllllllil�ill�i 11i,A,.;;11'tiflvli�:sal :bAspi atiuns 19.75. llntivitien Lgnrtaittnsi 1 Ampaatati.on E Paralysis 9 Logall.y Blind 1 doa4w19174;Dgtlxvst E <artA4- 47nitlht A 'VR061ch air 2 Stwal/sIdddur 0 mdurnneu A lagapnus with r 'gndraat my Szinq � isal svz l No I At Sam:*ndupundent (inaont3nanae) Ambulation SC ulation minimal, Ymortwon 3 up As V41"rats+d C Asa xiast ianb 3 CQnf tact tsry 9 S7)�aeah 8i otihar(3p1wt iiy) n rnna*sr SeaiJt:1 0 1 Zraetmha. E figr<•r1rq w; D 6i]tcY FzWrrisad 1'+roa 0 �t'rtt, 18pa+e=ry) 3.9: mental status; X S3k`t}fa-od: 3 rtl174htru1 z 05-07105M 7 `L•at-&R 2 Cmataree 4 Vqp essswd 5 stlt)sargi.0 9 iat3fer A 20. rirghnei,s; srCUlz.ent 21. oxdorn zdr ninaip inu and Tzeaatmmout• tOpmt lfP Aueaufsv/4tef aexcylLuration) wound *&C placamant'', 8killod Ass*a=ent nwaluding adseasmeat of syst*ms r*,I at*d to dinynafsen, Via And Viod Atrti rnn, Tantrena nood f: 4 t CHEST: Symmetrical. LUNGS: Bilaterally clear to auscultation. CARDIOVASCULAR: S1 and S2 regular,no murmur. 1 ABDOMEN: Soft, Non-tender. Bowel sounds present. �PffREMI TIES:___Bilatera l:upper extrerriity with 14 swellinng: fiteral low extremity 1+swelling. The patient has a wound VAC in the right lower+' i I � e6emity. Pustular-type rash scattered.presently on bilateral upper-and) t dWe e`xtrity� - - NEUROLOGIC: Awake,alert and oriented x 3. No focal neurological deficits. LABS: WBC 9.2,hemoglobin 12.5, hematocrit 38.5,platelets.328,8MP is unremarkable except a calcium of 10.3. urine is negative for any infection. ASSESSMENT AND PLAN: . B lateral-upper and lower extremity swelling. Check ultrasound .rule out DVT? We will check echo on Monday. Give Lasix 40 milligrams P.O.times one dose. Aszeess pain and pain nnnagemant. Assess nutritional status and nutritional risk factors, May check pulse ox. Izotify physician if less than 90%. Instruct Safety measures and *Aotgoftcy plan. Instruct advance diractivez, rights and responsibilities, service authorization and privacy act. establish care Plan. 514 I Week I SV: pM visit on 6/18 pm to assess complex wound tare needs and application of wound VAC. SN I week 1,7 week 2 Admission completed on Please continue SN viaiti for the following! tkill*d asse.sament including antissamont of systems related to diagnoses, Vs, modicabio�rjs and core provided. Assess pain and pain utanagomonL, Assess nutrition and hydration. Assess PUISe ox 83 needed and notify J.M if 1495.9 than 90P6. Instruct on safety measures, fall prevention, Infection control precautions,.. universaL precautions and,,emerq�ncy ,plan �astxuct signs and symptcmsw of- wound-Infection ,Instruct medication schedule. Instruct purpose, action and side eff'Otts of mbditatiObd. Instruct nutrition and hydration. Instruct signs and symptoms to report to Physician. Instruct pain management techniques, Assess healing process of Right lateral lower leg wound. Measure wound weekly. Provide wound care. Cleanse with NSS; or wound Cleanser Apply NoSting as skin protectunt. Apply Adaptie to distal Wound bed. Pack gently with NSS wet to dry 4x4s Cover with AM ,Secure with Goofix type tape rroqu,wncy of wound care is daily. Assess healing process of Right medial log wound. Measure wound weekly. Provide wound care, clean-_e with NSS or Wound Cleanser. Apply Nosting as skit protectant. Adaptic double layer to wound bed covering tendons, muscle and exposed vessels. Apply black foam. Cover with VAC drape. IMIT 100 MHq continuous Frequency of wound care is 3 times a week. May make 2 additional SN visits monthly for wound problems, to a6sets wound VAt problems and reapply wound VAC dressing. May apply 'NSS wet to dz-j pen for wound VAC problems. Instruct trouble shooting wound VAC problems Instruct wound care and applying NSS wet to dry dressing Assess for complications of anticoaqulati*u therapy. Please chock protimo/,TNR Q week x4 weeks beginning 6/21/10. May use Remosense INVatio meter. Assess for bleeding. Xnstruot anticoagulation precautions. Instruct purpose, doze and side effects of Coumadmin Instruct signs and symptoms of bleeding. Instruct signs and symptoms to report to physician, Goals; SN: Patient/CG will demonstrate knowledge of wound care and wound vat trouble shooting by 7/3/10. Wound$ will be healing without complication as evidenced by a decrease iLn measurements by 7/3/10. Pain will be well managed throughout episode of care. Patient will demonstrate understanding and compliance with medications as orders throughout episode of care. INIR wi2lbe therapeutic by 6/24/10. Patient will demonstrate knowledge of anticoagulant precautions and signs of complication by 7/3/10- Rehab Potential: good, Discharge Plans: Discharge to self with caregiver assist as needed when goals :met. 23, Jlurzela Signature and Data of Vorbal SOC Where kpplilcabla: 25. Date 141M Reqeivod a4-good POT David, g 251ano M M 061,710 166462682 Konetsco, Michael A, Curt. Patent 6/1$/2010 To: 6/16/zolo Plan of care Page: 2 Of 3 2.Scattered pustular rash over the extremities likely secondary to; ti infection. Start the patient on IV Vancomycin and ID consult. 3. Right leg wound with wound VAC to be continued. 4, History of DVT and PE. Continue Coumadin. ELECTRONICALLY SIGNED 0Y: � HEMANT C.PATEL,M.D.0'8./1'7/201017:43 HEMANT C.PATEL,M.D. DATE/TIME HP/ig DOC#:958719 D:08/14/2010 6:34 P T:08/15/201011:31 A 000487469 cc: HE: C.PATEL, M.D. )----j.__ ..--- a-..A-..-'/ i e-F--C 7 In the Court of Common Pleas of Cumberland County, Pennsylvania ■I 0 19 I rdA. 10 No./-2 — ,3 . . cp Civil Term vs ( • .. _ ,...) c...... . . _ )72,0 / —-i .5.,a,Lajrt, j „._,. . 1---,-.7.--, 79 4 2-‘2(b 4a, ,ig, ti PRAECIPE ........,.. r,$) "..------"" I -rte. ..__q (-- ) e--- i ck, ---- David D. Buell, Prothonotary .A.V. ----- 20 ,,... Attorney Info: ,-"-, ) . ) r . / , _ ---11111. 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IN THE COURT OF THE MIDDLE DISTRIC OF PENNSYLVANIA Civil Division Plaintiff Michael A. Konetsco Vs. Case No. 12-3626 Civil Term Civil Action Defendant (s) EVERY JUDGE IN CUMBEERLAND COUNTY. President Judge Kevin Hess Judge Edward E. Guido Judge Albert Masland Judge J. Wesley Oler,Jr. Judge Chirstylee L.Peck -o Judge M.L. Ebert Jr. m 2:) U.S. Middle District Judge Sylvia Rambo cnr- -<> EVERY DISTRICT Arl'ORNEY IN CUMBERLAND COUNTY r— AND EVERY INTERN FROM DICKSON SCHOOL OF LAW., > Head D.A. David J. Freed > Chief Deputy D.A. Jonathan R. Birbeck Ass .Dis. Attorney Joshua M. Yohe D.A. Matthew P. Smith Attorney Jaime M. Keating Attorney Dirk Berry Attorney Nate Wolf Attorney District Judge Susan K. Day District Judge Karen Silcox Prothonotary — David Buell Carlisle Police Dept. Chief Margeson & All Officers Middlesex Police Dept. Chief Berry Sherman an Officer's (PTL. Michael Reibsane,an Officer PTL. Keith Seibert) EVERY MEMBER OF THE DRUG TEAM OF THE PA. STATE POLICE. Pa. State Police Drug Team (Cpl Doug Howell,Cpl Todd J.Rudy,Trp.Jason Jreed) Pa. State Police Drug Team Chief Comcast Inc EVERY ATTORNEY FOR THE HOSPITAL, Holy Sprit Hospital Steve Vickers Administrator Selena Dipaolo CRNP.. MD. Zeba A. Syed LeBer & Banducci,LTD Vascular Associates P. Page 1 CD C71 --rtf COMPLAINT JURISDICTIONAL ALLEGATIONS 1) This is an Action for Money in Excess of $250,000,000.00 2) At all Times Material to this Lawsuit , Michael A. Konetsco is a Resident of Cumberland County. 3) At all times of this Lawsuit the Defendants are the Residents of Cumberland County. 4) All Acts Necessary of Precedent to the Bringing of the Lawsuit Occurred or accrued in Cumberland County . 5) This Court Has Jurisdiction . General Factual Allegations 1) Plaintiff is Going to give a Little Back Ground on Judge Kevin Hess who is now President JUDGE IN CUMBERLAND,Pa, FOR AT LEAST FOR THE PAST 10 yrs OR MORE. Starting back when he Graduated from DICKENSON COLLEGE SCHOOL OF LAW. That's when PLAINTIFF first meet ATTORNEY Kevin Hess, Plaintiff was like Defendant's Third Client, Defendant handled Plaintiff's First Divorce. 2) Years Later Plaintiff finds out that Defendant is now in the District Attorneys Office, By then Plaintiff knew that Defendant Had A very Bad Cocaine Problem,along with with Attorney William Costopoulos. 3) Plaintiff used to supply Jan the owner of a Bar called The Blessed Oliver Plunkett where D.A. Kevin Hess went everyday For Lunch , And Get An Eight Ball of Cocaine. 4) Plaintiff through other people, that's how Jan got her Cocaine from Plaintiff she never knew who Plaintiff was that's the way Plaintiff wanted it. 5)Attorney William Costopoulos used to hold Cocaine Party's all the time at his House on top of Steredgets Gap. The Man they used to get from was a gentleman by the name of Joe L.,when they would run out of Cocaine at their party's, they would have Joe call his people. It could at 2:00 to 3:00 AM or later. Joe would always call Plaintiff knowning that Plaintiff would always have something to see just how many Eight Balls Plaintiff had left. It would be as much as Ten to Twenty eight balls at $350. a piece in those days. Page 2.. 6) Joe would tell Plaintiff that they had run out an D.A. Hess was throwing a Temper Tantrum like a child because they didn't have ANYMORE. Plaintiff would tell Joe to head on down in Ten to Fifteen Minutes that he could have all that Plaintiff had. 7) This went on with Plaintiff until Jen sold the Bar, but Continues to this Day at Attorney William Costopoulos House. He even Through his Son A Cocaine Party For his 215` Birthday a couple of years back. 8) Plaintiff knows that when D.A. Hess and Attorney William Costopoulos were done With Joe because he knew to much they set him up and got him Busted by the Fed's an Joe got 5 years in Federal Prison. But he never told on anyone. I guess this is what happens when your corrupt and have corrupt friends in High Places. 9) Plaintiff got set up in 1988 By A Cocaine Nark who was facing Seven yrs for Escape , he told the prison he had to work , but he got caught at his Girlfriends House. So he agreed to be a nark for Michael Strin who was head of the TRI COUNTY DRUG TEAM.Who ( Michael Strin) Broke more Laws then he ever enforced . 10) Plaintiff will get to the law in just a minute, Now President Judge Hess do U Remember When you were in the D.A.'s office you wrote your Assistant D.A. EDWARD E. GUIDO WITH AN EX PARTE COMMONUNACATION ABOUT THE PLAINTIFF (Michael K.), well let me refresh your MEMORY. 11) PLAINTIFF IS ATTACHING A COPY FOR BOTH OF YOU. IT SAYS NO SINGEL POSSESSION,COULD REMAIN SILENT,--HIM--JURY--I COULD PICK JUDGE, NOW DO YOU REMEMBER ? 12) BUT WHEN YOU START TO GO AFTER MY FAMILY, (LIKE JUDGE HESS ) TOOK MY SON AND PUT HIM AWAY ON A FELONY, were son was taped without his Knowledge. When the officer on front desk asked the Woman an daughter if the person (Son- Andrew) knew he was being taped they both said NO,the officer should have Arrested them right then . For that is a FELONY 1# in Pa. 13) But NO EVERY OFFICER TO D.A. TO YOURSELF LISTENED TO SAID TAPE. Plaintiff listened to Tape along with Brian's ( Andrews Probation Officer) his Attorney Wolf, And the D.A. Plaintiff kept telling the D.A. That they couldn't listen to the tape when the D.A. Told me to shut the F—K up. He had to get Tape to Judge Hess So He Could Hear it Before Court. Page 3. 14) PLAINTIFF HAS A HAND WRITTEN COPY IN YOUR OWN HANDWRITING. FOR THE LAST 36 Yrs. KNOWING THAT IT WOULD COME IN HANDY. YOU DON'T HAVE TO WORRY,HOW,WHEN,OR WHERE DID THE PLAINTIFF GET IT, ALL YOU HAVE TO KNOW IS THAT PLAINTIFF HAS IT. 15) PLAINTIFF IS VERY DISTURBED THAT THE CORRUPTION IN CARLISLE GOES FROM THE POLICE TO THE D.A.'s OFFICE TO ALL JUDGES. IF THE JUDGE'S GET AWAY WITH DOING COCAINE FOR 20YR'S WHY WOULD THE JUDGES STOP ? WHO'S TO STOP THEM ?THE POLICE ? 16) FROM THE POLICE TO D.A.'S OFFICE TO THE JUDGES, CORRUPTION HAS GOT SOOUT OF CONTROLE. IT SHOULD BE CALLED CORRUPTION COUNTY NOT CUMBERLAND COUNTY. 17) Plaintiffs guessing by now if your as INTELLIGENT as you think you are. Plaintiff is no longer going to be quite. Because when PLAINTIFF IS DONE TESTIFYING AGAINST ALL YOU JUDGE'S AN CORUPT D.A.'S, AN VARIOUS POLICE DEPARTMENTS, AND ATTORNEYS,PRIVATE ATTORNEYS IN THE U.S. MIDDLE DISTRIC COURT. All of you will be lucky to Get Reelected, or see a pension. If your all not Disbarred and Put in Jail, Hopefully Both! 18) All of you will be lucky if your not DISBARRED or PUT IN JAIL,HOPEFULLY BOTH. PLAINTIFF IS IN NO WAY THREATENING ANY OF THE JUDGES OR THE D.A.'S Office or Anyone Else Involved in this LAW SUIT. PLAINTIFF HAS HELD THESE SECRETS OF CORRUPTION FOR OVER 46 Years but as they say, HOW NOTHING LAST FOREVER. 19) Plaintiff wrote you the following in private against JUDGE GUIDO, on my LAW Suit. When there are so many reasons UNDER THE CODES OF CONDUCT, Like Tampering with PLAINTIFFS Jury, in which YOU GAVE PERMISSION TO DO WITH YOUR NOTE. 20) JUDGE SHELLY HAD A SLIP OF THE TOUNG AND SENTENCE ME TO COUNTY THEN THE THREE OF YOU CHANGED THE COURT TRANSCRIP TO READ STATE TIME. ANOTHER CODE OF CONDUCT OUT THE WINDOW. Plaintiff wasn't STUPID then either, Plaintiff had FATHER to get a copy before the court did. 21) Plaintiff Filed the ISSUE"S below about Judge Guido, for PAST IMPROPRIETIES. YOU GIVE JUDGE GUIDO THE COMPLANT TO SIGN THE ORDER. J. GUIDO ON COUNTYS WEB SITE IN GOOD CONDISTION. Plaintiff then gets his copy with everything crossed off,which Plaintiff then had corrected . Their goes ANOTHER CODE OF CONDUCT. Page 4, ISSUE 1) The issue of rather Judge Guido should have Recused himself from taking on The Plaintiffs Case. 2) All the Judgment's ruled on by said Judge should be vacated and Plaintiff should be aloud to continue his as from date of filing of Complaint. 3) And the Plaintiffs Physical Health, Due to the Defendants acts involved in Plaintiffs Complaint. And not always on time being a Pro Se Plaintiff. ARGUMENT 4) Rule 2 Scope of Rules, Judicial members of the Court are subject to the Canons of Judicial Conduct and are subject to these Rules only to the extent that no conflict arises with the Code of Judicial Conduct. Adopted Nov, 2,1994 imd, effective. Amended Jan, 6, 2005, effective Jan, 29, 2005. 5) Canon 1 An independent and honorable judiciary is indispensable to justice in our society. Judges Should Participate in establishing, maintaining, and enforcing,and should themselves observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. Amended Nov, 21, 2005 imd. 6) Canon 2 (A), and the Official Note : Public confidence in the Judiciary is eroded by irresponsible or improper conduct by Judges. Judges must avoid all impropriety and appearance of impropriety. 7) Canon 3. (A) Adjudicative responsibilities , (1) (2) (4), B. Administrative responsibilities , (2) (3), an Official Note. C. Disqualification.(1), (a) (c)(iii). 8) C. Disqualification, (1) Judge should Disqualify themselves in a proceeding in which their impracticality reasonably be questioned, including but not limited to instances where. (a) they have a personal Bias or Prejudice concerning a party. (Plaintiff) Due to Past Improprieties when he was Assistant District Attorney. 9) Rule 4, Avoidance of Impropriety and the Appearance of Impropriety. (A) A member should respect and comply, with the law and should'conduct the member's personal and ;professional.business at all times in a manner that promotes public confidence in the integrity and impartiality of the Judiciary. Page 5 10) Rule 5, Under the Rules Governing the Conduct the Court of Judicial Discipline. Rule 5, A,(3),(4). B Administrative Responsibilities, C. Disqualification, (1) (2) (a) (b), (iii). 11) Under Rule 227.4 Entry of Judgment upon Precipice of a Party. Rule 1042.72 (e) (3),(2) enter Judgment when a court grants or denies relief but dose not itself enter judgment or order the Prothonotary to do so. NOTE See Rule 236 requiring the Prothonotary to give notice. 12) Rule 230.2 (b) (1) The Court shall serve the notice on counsel of record, and on the parties if not represented , Sixty Days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. 13) Rule 230.2 Note: The Prothonotary may not enter an order terminating the action until more than Sixty Days after service of the notice of proposed termination. 14) Rule 230.2 (2) (3) (ii) There is a reasonable explanation or a legitimate excuse for the failure to file both. (B). 15) Canon 3 (A) (3) The Judge Should require similar conduct of Lawyers, and of their staff, court officials, and others subject to to their direction and control. 16) Canon 3 (B) Judges should require their staff and Court Officials subject to their direction and control to observe the Standards of fidelity and diligence that apply to Judges. And Rule 5. (B) Administrative Responsibilities, ( Prothonotary ). 17) Rule 505. (4) (11) To supervise all administrative matters relating to the office of the Prothonotaries and clerk of court and other system and related personnel engaged in clerical functions, including the institution of such uniform procedures, indexes and dockets as may be approved by the Supreme Court. And (13). 18) Rules Governing the Conduct of Members of the Court of Judicial Discipline. Rule 1. DEFINITIONS, Code of Judicial Conduct. The Code adopted by the Supreme Court of Pennsylvania to govern the conduct of officers of the judicial system. Page 6 . 19) Business of Court , Rule 216 Ground for Continuance (2) Illness of Counsel of record , (Pro Se Plaintiff). If requested a certificate of a Physician shall be furnished, (Did Furnished One) and Plaintiff will produce another if the Court wishes another one. 20) Chapter 200 Business of Courts , Rule 237.3 Relief from Judgment of Non Pros or by Default. Subchapter C. Forms Rule 3051 Relief of Judgment of Non Pros . 21)Official Note See Rule 2373 for a Special Provision relateing to relief from Judgment on Non Pros entered pursuant to Rule 1037 (a), 237.3, 505 Pa.90 477 A, 2D 471 (1984) 22) Plaintiffs sickness is due to the care he did not receive and Very Very Bad Medical Advice. That's like when the Plaintiff overly exerts Himself, like when Plaintiff comes to Court. Plaintiff can go down 2 to 4 days recovering. 23) Rule 237.3. Relief from Judgment of Non Pros or by Default. See Schultz v. Erie Insurance Exchange,505 Pa.90,477 A.2d 471 (1984) for the requir -ements for opening a Judgment by default and Pa.R.C.P. 3051 as to a Judgment of Non Pros. 24) Relief from Judgment of Non Pros 3051 (a) Official see Rule 2373 for Special Provision relating to relief for a Judgment Non Pros. 25) Pa Code of Regulations Rule 237.1 Governed by 1037 (a),3031 (a) 3146 (a) Rule 238 (c) (3) (I), Rule 1042. 72 (e) (3),37 Code 171,124 RULE 1047.7 1042.7 6 (b), 208.2 (a) (4), 1511 (a), 3031 (a) 3146 (a), 1037 (b). 26) Did the entry of the Ex Parte Judgment of Non Pros , Pursuant to the Ex Parte for entry of Non Pros Pa.R.C.P. 1042.6 Violate Plaintiffs right to notice and an opportuinty to be heard prior to the entry of judgment. 27) To the entry Judgment in Violation of Article V Section 10 (c) of the Pa Constitution 42 Pa. C.S.A. 1722. 28) Review of Plaintiffs Claim implicates the following Principles, (A) Trial Courts interlocatory order denying a potition for an Extension of time or to strike the Judgment of Non Pros is immediately appealable " as of the right pursuant to. Page 7. 29) Pa. R.A.P. 311(a) (1) ( Stating Orders refusing to open Vacate or Strike off Judgment are Appealable as of Plaintiffs Rights) Smith v. Smith & Pa. R.C. 3051 Womer v. Helliker 589 Pa. Miller v. Sacred Heart Hosp. 753 A. 2D 829 832 (Pa.Super 2000) French v. Commonwealth Ass. Inc 980 A. 2D 623,628 ( Pa. Super 2009 ). 30) Plaintiff is going to finish with these other CODS OF CONDUCT. a. Restricted Activities — Conflict of Interest , 65 Pa. C.S.A 1103a; b. Tampering with PUBLIC RECORDS OR INFORMATION 18 Pa. C.S.A. 4911(a). (1); c. Tampering with PUBLIC RECORDS OR INORMATION 18 Pa. C.S.A. 4911 (a). (2) Obstructing Administration of LAW or Other Government Function , 18 Pa. C.S.A. 5101. Page 8. • — %. kf,4 tii:c( • ce4t41. e k .2t Plaintiff Michael A. Konetsco State of Pennsylvania County of Cumberland Before me personally appears Michael A, Konetsco who being duly sworn and identified in accordance with la -w, did execute the forgoing in my Presence this c2._ 77 day of 2014 State of P nnsy van a Notary Public My Commission Expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DONNA J ROHRBAUGH Notary Public SILVER SPRING TM?, CUMBERLAND CNTY My Commission Expires Apr 10. 2017 Explanation of Judge Hess , Ex -Parte Communication with Judge Guido In 1988 THIS IS A INER OFFICE MEMO FROM AT THE TIME WHEN JUDGE HESS WAS HEAD D.A. AND JUDGE GUIDO WAS ASS.D.A. OF CUMBERLAND COUNTY Pa. IT'S FROM D.A. HESS TO GUIDO AND MY PUBLIC DEFENDER ELLAN BERRY. WELL SHE WAS TOLD IF SHE SOLD ME OUT THEY WOULD HAVE A PLACE FOR HER IN THE D.A.'S OFFICE, SO WHAT DO YOU THINK WHAT HAPPENED. RIGHT I GOT 15 TO 30 MONTHS IN THE COUNTY. WELL BY THE TIME ASS. D. A. AND PRESIDENT JUDGE SHEELY FOUND OUT THAT HE GAVE ME THE WRONG SENTENACE, NOTKNOWING THAT I HAD A COPY A WEEK AFTER TRIAL SO THEY DOCTORED UP THE COPYS TO SAY 2 TO 4 STATE. SO ONE MORNING THEY MOVED ME TO STETD RIGHT AFTER THE CAMP HILL PRISON RIOT OF 1989. IT TOOK MY FAMILY OVER 6to 8 wk's TO FIND OUT WHERE I WAS, NO ONE WOULD TELL THEM,AND THIS HAND WRITTEN MEMO FROM D. A. HESS HAD SENT ASS. D.A. GUIDO AND MY ATTORNEY. IT SAYS KEVIN HESS CONCERNING ME IT SAYS, - MIKE KONETSCO , NO SINGEL POSS, COULD REMAIN SILENT, BECAUSE I KNEW ABOUT WHERE D.A. HESS AND WILLIAM COSTOPULES GOT THEIR COKE FROM . HESS EVERYDAY TO BLESSED OLIVER PLUNKIT FOR WHAT EVER HE GOT lgm TO 8 BALLS. THEN THE MEMO SAYS, COULD REMAIN SILENT , HIM - JURY - AND ENDS UP BY writing I COULD PICK JUDGE. A FRIEND WOULD KNOCK ON MY DOOR AT 3:00 am TO 4:00 am ASKING ME HOW MANY 8'S DID I HAVE I'D SOMETIMES SAY 20 WHY, HE'D SAY KEVIN HESS IS ACTING LIKE A LITTLE BITCH BECAUSE THEY RAN OUT OF COKE AT WILLIAM COSTOPLUS RAN OUT. THEN HE'D BUY ALL I HAD AT $350.00 EACH. WELL WHEN JOE L. KNEW WAY TO MUCH THEY SET HIM UP AND HE DID 5 YEARS IN FEDERAL PRISON. WELL I NOT KEEPING MY MOUTH SHUT ANYMORE ,THEY GIVE ME 2 1/2 TO 3 YEARS TO LIVE BECAUSE THE DOCTOR DIDN'T GET ALL THE BLOOD CLOTS NOW MY WHOLE BODY IS RIDDLED WITH THEM THATS WHY I'M SUEING THE HOSPITAL AND 4 DOCTORS. PLAINTFF ‘N“\ACLO_,> .0-N-y‘sW.EC cD Michael A. Konetsco IN THE COURT OF COMMON PLEAS CUMBERLAND COUTTY, PENNSYLVANIA CIVIL DIVISION Certificate of SERVICE I hereby certify that I am this day serving the following doctunent, in the above captioned case, upon the person's and in the manner indicated below. Which service satisfies the requirements of Pa.R.A.P.121. Under Penalty of Perjury, I Certify That a copy of the foregoing by Regular U.S. Mail to. Plaintiff Michael A. Konetsco State of Pennsylvania County of Cumberland Before me personally appears Michael A. Konetsco who being duly swom and identified accordance with law, did execute the forgoing in my Presence this day of 2014 State of Pennsylvania Notary Public My Commission Expires %." \ Page 2 MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KONETSCO v. JUDGE KEVIN HESS et al. Plaintiff Defendants TO: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 CIVIL ACTION NO. 12-3626 NOTICE TO DEFEND You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. _930,Q.0 MARTHA GALE, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KONETSCO v. JUDGE KEVIN HESS et al. Plaintiff Defendants ORDER CIVIL ACTION NO. 12- 3626 AND NOW this day of 201 , upon consideration of the Preliminary Objections to Plaintiffs Amended Complaint filed on behalf of Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr., and any response, It is ORDERED and DECREED that the said Preliminary Objections are hereby SUSTAINED. It is further ORDERED and DECREED that Plaintiffs Complaint is DISMISSED as to said Judges, with prejudice. BY THE COURT: J. MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KONETSCO v. JUDGE KEVIN HESS et al. Plaintiff Defendants CIVIL ACTION NO. 12- 3626 PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT FILED ON BEHALF OF DEFENDANTS, HONORABLE KEVIN HESS, HONORABLE EDWARD GUIDO, HONORABLE ALBERT MASLAND, HONORABLE J. WESLEY OLER, JR., HONORABLE CHRISTYLEE PECK AND HONORABLE M.L. EBERT, JR. NOW COME Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr., by and through undersigned counsel, who file Preliminary Objections to Plaintiffs Amended Complaint and in support thereof aver as follows: 1. Plaintiff initiated this action on June 8, 2012 against various Defendants in the medical profession in what appears to be a medical malpractice action. 2. Although Plaintiffs claims contained in his original Complaint were dismissed, apparently dissatisfied with the Court's handling of his case, on November 12, 2014, Plaintiff 1 filed what he terms an "Amended Complaint" which seeks monetary damages against new and different Defendants including, inter alia, whom he labels as "Every Judge in Cumberland County." 3. The Amended Complaint specifically names Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. ("Judicial Defendants"), all of whom are judicial officers of the Cumberland County Court of Common Pleas, which is an entity of the Unified Judicial System of Pennsylvania pursuant to 42 Pa. C.S. § 301(4). 4. Plaintiff alleges that Judicial Defendants have violated his constitutional rights, but provides no factual support for that conclusion or any identifying information as to the case(s) to which he refers. 5. Plaintiffs Amended Complaint contains very few factual allegations: he claims that President Judge Hess is involved in the use of cocaine and that he is a supplier of that substance for a local tavern, yet fails to make a connection between those allegations and the alleged violation of his civil rights. 6. The only other specific allegations relate to Judge Guido, although those averments are unclear: they pertain to the Judge signing a Court Order, but portions of that Order were crossed off on Plaintiffs copy. (Complaint 1121, page 4) 7. Plaintiff also avers that Judge Guido failed to recuse himself in some unidentified matter, but does not set forth a reason that he should have done so. (Complaint ¶ 1, page 5) 8. Plaintiffs Complaint is devoid of any factual allegations pertaining to Judges Masland, Oler, Peck and Ebert. 2 9. The docket entries for this case, a copy of which is attached hereto as Exhibit "A," reveal that Plaintiff has failed to serve his Amended Complaint, thereby depriving this Honorable Court of in personam jurisdiction. 10. Plaintiffs "Amended Complaint" actually, impermissibly constitutes an entirely new action against new Defendants which Plaintiff filed without consent of the adverse parties or leave of Court as required by Pennsylvania Rule of Civil Procedure 1033. 11. Plaintiffs suit is barred because Judicial Defendants, in their official capacities, are entitled to immunity pursuant to the Sovereign Immunity Act, 42 Pa. C.S. § 8521 et seq. 12. This action is also barred because Judicial Defendants, in their individual capacities, are protected by absolute judicial immunity. 13. Immunity applies to a Judge's determination as to whether to recuse him or herself 14. If Plaintiff is dissatisfied with Judicial Defendants' rulings and/or handling of this or other case(s), his recourse was to avail himself of the appellate process, or to commence a new action, not file his Amended Complaint addressing a new cause of action and new Defendants without requesting leave of Court to do so. 15. Plaintiff fails to state a cause of action or claim upon which relief can be granted. 16. Even if Plaintiff was permitted to amend his pleadings, he cannot state a cause of action against Judicial Defendants under Pennsylvania law due to the defenses set forth in the accompanying Memorandum of Law. 3 WHEREFORE, Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr., respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiffs Complaint as to them, with prejudice. Respectfully submitted, !,c:L)k MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. 4 MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KONETSCO v. JUDGE KEVIN HESS et al. Plaintiff Defendants CIVIL ACTION NO. 12-3626 MEMORANDUM OF LAW IN SUPPORT OF THE PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT FILED ON BEHALF OF DEFENDANTS, HONORABLE KEVIN HESS, HONORABLE EDWARD GUIDO, HONORABLE ALBERT MASLAND, HONORABLE J. WESLEY OLER, JR., HONORABLE CHRISTYLEE PECK AND HONORABLE M.L. EBERT, JR. I. MATTER BEFORE THE COURT The Preliminary Objections to Plaintiffs Complaint filed on behalf of Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. (Judicial Defendants"), on the grounds that this Honorable Court lacks in personam and subject matter jurisdiction, and because Judicial Defendants are entitled to sovereign immunity and absolute judicial immunity. 1 II. QUESTIONS PRESENTED 1. Whether Judicial Defendants' Preliminary Objections are properly sustained because this Court lacks in personam jurisdiction over them due to Plaintiffs failure to make service upon them? Suggested Answer: Yes. 2. Whether these Preliminary Objections are properly sustained because Plaintiff has filed without leave of Court a pleading entitled "Amended Complaint" in violation of Pennsylvania Rule of Civil Procedure 1033? Suggested Answer: Yes. 3. Whether Judicial Defendant's Preliminary Objections are properly sustained where this action is barred by the Sovereign Immunity Act, 42 Pa. C.S. § 8521 et seq.? Suggested Answer: Yes. 4. Whether these Preliminary Objections are properly sustained because Judicial Defendants are protected by absolute judicial immunity? Suggested Answer: Yes. III. STATEMENT OF THE FACTS Plaintiff initiated this action on June 8, 2012 against various Defendants in the medical profession in what appears to be a medical malpractice action. Although Plaintiffs claims contained in his original Complaint were dismissed, apparently dissatisfied with the Court's handling of his case, more than two years later, on November 12, 2014, Plaintiff has filed what he terms an "Amended Complaint" which seeks monetary damages against new and different Defendants including, inter alia, whom he labels as "Every Judge in Cumberland County." 2 The Amended Complaint specifically names Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. ("Judicial Defendants"), all of whom are judicial officers of the Cumberland County Court of Common Pleas. Plaintiff alleges that the Judges of Cumberland County have violated his constitutional rights, but provides no factual support for that conclusion or any identifying information as to the case(s) to which he refers. The Amended Complaint contains very few factual allegations: he claims that President Judge Hess is involved in the use of cocaine and that he is a supplier of that substance for a local tavern, yet fails to make a connection between those allegations and the alleged violation of his civil rights. The only other specific allegations relate to Judge Guido, although those averments are unclear: they relate to the Judge having signed a Court Order, but portions of that Order were crossed off on Plaintiffs copy. (Complaint ¶ 21, page 4) He also avers that Judge Guido failed to. recuse himself in some unidentified matter, but does not set forth a reason that he should have done so. (Complaint ¶ 1, page 5) The docket entries for this case, a copy of which is attached hereto as Exhibit "A," reveal that Plaintiff has failed to serve his Amended Complaint upon Judicial Defendants, thereby depriving this Honorable Court of in personam jurisdiction. 1 Moreover, Plaintiffs "Amended Complaint" actually, impermissibly constitutes an entirely new action against new Defendants, as the docket reveals that Plaintiff filed his pleading 1 Exhibit "A" reveals that no pleadings have been served upon Judicial Defendants, thereby depriving this Honorable Court of in personam jurisdiction over them. See Witherspoon v. City of Philadelphia, 768 A.2d 1079, 1084 (Pa. 2001), quoting Cintas Corp. v. Lee's Cleaning Services, Inc., 700 A.2d 915, 917-918 (Pa. 1997). "There is no presumption as to the validity of the service and the return itself is required to set forth service in conformance with the rules." Sharp v. Valley Forge Medical Center and Heart Hospital, Inc., 221 A.2d 185, 187 (Pa. 1966). 3 without consent of the adverse parties or leave of Court in violation of Pennsylvania Rule of Civil Procedure 1033.2 Judicial Defendants file these Preliminary Objections on the ground set forth herein. IV. LEGAL ARGUMENT In reviewing preliminary objections, a Court accepts as true the facts pled in the complaint. Richardson v. Beard, 942 A.2d 911, 913 (Pa. Cmwlth. 2008). A Court need not, however, accept as true conclusions of law, unwarranted inferences from facts, argumentative allegations, or expressions of opinion. Id. Preliminary objections will be sustained where it is clear that the complaint fails to set forth a claim for which relief can be granted. M. A. PLAINTIFF HAS FAILED TO STATE A CAUSE OF ACTION UPON WHICH RELIEF CAN BE GRANTED 1. Judicial Defendants, In Their Official Capacities, Are Entitled to Sovereign Immunity. Judicial Defendants are judicial officers of the Cumberland County Court of Common Pleas, which is an entity of the -Unified Judicial System of Pennsylvania pursuant to 42 Pa. C.S. § 301(4), and thus part of the Commonwealth government. 42 Pa.C.S.A. § 102. Under Pennsylvania law, officers and employees of the Commonwealth government are entitled to sovereign and official immunity from lawsuits, such as the one before this Court, unless immunity has been explicitly waived by the legislature. 1 Pa. C.S. § 2310; 42 Pa. C.S. § 8521 et seq. The Pennsylvania Constitution provides that "the judicial power of the Commonwealth shall be vested in a unified judicial system ...." Pa. Const. Art. 5, §1. 42 Pa. C.S. §102 defines "Commonwealth government" as including the courts. Thus, the courts of common pleas are arms 2 If Plaintiff is dissatisfied with Judicial Defendants' rulings and/or handling of this or another case, his recourse was to avail himself of the appellate process, or to commence a new action, not file an Amended Complaint addressing a new cause of action and new Defendants without requesting leave of Court to do so in violation of Pa. R.Civ. P. 1033. 4 of the state. See Callahan v. City of Phila., 207 F.3d 668, 672 (3d Cir. 2000); Reiff v. Philadelphia County Court of Common Pleas, 827 F. Supp. 319, 323 (E.D. Pa. 1993). Commonwealth entities are expressly immune from suit under the Sovereign Immunity Act, 42 Pa.C.S.A. §8521 et seq. The defense of sovereign immunity has been waived by the state legislature in a limited number of actions which are set forth in the Judicial Code at 42 Pa. C.S.A. § 8522, and none of which are included in Plaintiffs Amended Complaint. Liability may not be imposed on the state for any other action. See Morewood Point Community Ass'n v. Port Authority of Allegheny County, 993 A.2d 323 (Pa. Cmwlth. 2010); Bonsavage v. Borough of Warrior Run, 676 A.2d 1330, 1331 (Pa. Cmwlth. 1996). Since Judicial Defendants are entitled to sovereign immunity and none of Plaintiff's allegations fall within the exceptions to that immunity as set forth in Section 8522, the Complaint is properly dismissed with prejudice. See Heicklen v. Hoffman, 761 A.2d 207 (Pa. Cmwlth. 2000). 2. Plaintiff s_Claims Against Judicial Defendants Are Barred by the Doctrine Of Judicial Immunity. To the extent Judicial Defendants are sued in their individual capacities, Plaintiffs claims are barred by absolute judicial immunity.3 Judges are absolutely immune from liability for damages when (1) the judge has jurisdiction over the subject matter before him or her, and (2) s/he is performing a judicial act. Stump v. Sparkman, 435 U.S. 349 (1978); Beam v. Daihl, 767 A.2d 585 (Pa. Super. 2001), appeal denied 786 A.2d 984. Immunity applies regardless of whether the actions complained of are alleged to have been in error, were corrupt or performed with malice, or in excess of the judge's authority. s It is well settled that judicial immunity may properly be raised via preliminary objection. Logan v. Lillie, 728 A.2d 995, 998 (Pa. Cmwlth. 1999); In re Upset Sale of Properties, 560 A.2d 1388 (Pa. 1989); Guinn v. Alburtis Fire Company, 577 A.2d 971 (Pa. Cmwlth. 1990). In the interest of judicial economy and in fairness to the litigants, a party entitled to raise the absolute defense of immunity can do so by preliminary objection. In re Upset Sale of Properties, supra. 5 Mireles v. Waco, 502 U.S. 9 (1991); Stump v. Sparkman, supra.; Beam v. Daihl, supra.; Logan v. Lillie, 728 A.2d 995 (Pa. Cmwlth. 1999). Immunity applies even if the actions are claimed to have been performed as a result of an alleged conspiracy with others. Dennis v. Sparks, 449 U.S. 24, 27-28 (1980) Judicial immunity is not only immunity from damages, but is also immunity from suit. Mireles v. Waco, supra., at 11. Pennsylvania Courts recognize and enforce the doctrine of judicial immunity. Heicklen v. Hoffman, 761 A.2d 207 (Pa. Cmwlth. 2000); Feingold v. Hill, 521 A.2d 539 (Pa. Super. 1987). A judge will not be deprived of immunity because the action s/he took was in error, was done maliciously, or was in excess of his authority. Stump at 356-57; see also Forrester v. White, 484 U.S. 219, 227 (1988) (an act "does not become less judicial by virtue of an allegation of malice or corruption of motive"); Cleavinger v. Saxner, 474 U.S. 193, 200 (1985) ("Nor can this exemption of the judges from civil liability be affected by the motives with which their judicial acts are performed"). Immunity will not be forfeited because a judge has committed "grave procedural errors," Stump, 435 U.S. at 359, or because a judge has conducted a proceeding in an "informal and ex parte" manner, as is alleged here. Forrester v. White, 484 U.S. at 227. Immunity will not be lost because the judge's action is "unfair" or controversial. See Cleavinger, 474 U.S. at 199-200 (immunity applies "however injurious in its consequences [the judge's action] may have proved to the plaintiff'). Thus, absolute judicial immunity is not lost even when the judicial exercise of authority is flawed by "grave procedural errors" or ex parte communication. See Stump at 362 (The United States Supreme Court rejected the argument that the absence of procedural safeguards rendered an act non judicial, stating "the factors determining whether an act by a judge is a judicial' one relate to the nature of the act itself, i. e., whether it is a function normally performed 6 by a judge, and to the expectations of the parties, i. e., whether they dealt with the judge in his judicial capacity."); In re Petition of Dwyer, 406 A.2d 1355, 1361 (Pa. 1979) The fact that Plaintiff avers that Judge Guido failed to recuse himself in some unidentified matter does not abrogate absolute judicial immunity, which also applies to recusal determinations. See Corliss v. O'Brien, 200 Fed.Appx. 80 (3d Cir. 2006) Thus, Judicial Defendants are entitled to absolute judicial immunity. B. PLAINTIFF FAILS TO PLEAD FACTS THAT WOULD SUPPORT A CAUSE OF ACTION Plaintiff fails to set forth factual allegations sufficient to support a cause of action, or to put Judicial Defendants on notice of the accusations against which they must defend. To wit, the Complaint is devoid of any factual allegations pertaining to Judges Masland, Oler, Peck and Ebert, and the allegations against President Judge Hess are fanciful and unsupported and, even if accepted as true, irrelevant to Plaintiffs civil rights claim. The vague allegations against Judge Guido pertaining to an Order that contained words that were crossed off are insufficient to support a cause of action. Under Pennsylvania's system of fact pleading, "the pleader must define the issues; every act or performance essential to that end must be set forth in the complaint." Kennedy v. Butler Memorial Hospital, 901 A.2d 1042, 1045 n.2 (Pa. Super. 2006), quoting Santiago v. Pa. Nat'l Mut. Cas. Ins. Co., 613 A.2d 1235, 1238 (Pa. Super. 1992). Pursuant to Pa. R.C.P. 1019(a), a complaint must state, "[t]he material facts on which a cause of action ... is based ... in a concise and summary form." Rule 1019(a) is satisfied if the allegations in a pleading contain averments of all facts the plaintiff must eventually prove in order to recover, and the averments are sufficiently specific to enable the adverse party to prepare a defense. Unified Sportsmen of Pennsylvania v. Pennsylvania Game Commission et 7 al., 950 A.2d 1120( Pa. Cmwlth. 2008), citing Commonwealth ex rel. Pappert v. TAP Pharm. Prods., Inc., 868 A.2d 624 (Pa. Cmwlth. 2005); Foster v. Peat Marwick Main & Co., 587 A.2d 382 (Pa. Cmwlth. 1991), affd. 676 A.2d 652 (1996); Paz v. Dep't of Corr., 580 A.2d 452 (Pa. Cmwlth. 1990). In pleading its case, the complaint need not cite evidence, but must set forth those facts necessary for the defendant to prepare a defense. Dep't of Transp. v. Bethlehem Steel Corp., 380 A.2d 1308 (Pa. Cmwlth. 1977). See also Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. 2006) (holding that a complaint is legally insufficient under Rule 1028(a)(3) if the plaintiff fails to provide the specific basis on which recovery is sought). Further, a complaint is legally insufficient if it is devoid of factual averments that would entitle the plaintiff to relief on any of his claims. "It is well-established that a plaintiff must provide sufficient factual averments in his on her complaint to sustain a cause of action. 'Pennsylvania is a fact-pleading state; a complaint must not only give the defendant notice of what the plaintiffs claim is and the grounds upon which it rests, but the- complaint must also formulate the issues by summarizing those facts essential to support the claim."' Feingold v. Hendrzak, 15 A.3d 937, 942 (Pa. Super. 2011), citing Foster v. UPMC South Side Hosp., 2 A.3d 655, 666 (Pa. Super. 2010), quoting Lerner v. Lerner, 954 A.2d 1229, 1235 (Pa. Super. 2008)). Here, Plaintiff has failed to set forth any act or performance that would define the issues or put Judicial Defendants on notice of any activity on their part against which they must defend. Under the circumstances, the Complaint is woefully inadequate to put Defendants on notice of the charges against them or to enable them to prepare a defense against such vague allegations. 8 V. CONCLUSION For the foregoing reason, Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr., respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Plaintiff's Complaint as to them, with prejudice. Respectfully submitted, -mr\r1o.rdckoL) MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. 9 MARTHA GALE, ESQUIRE Attorney I.D. 22190 Supreme Court of Pennsylvania Administrative Office of Pa. Courts 1515 Market Street, Suite 1414 Philadelphia, PA 19102 Phone: (215) 560-6300 Fax: (215) 560-5486 Attorney for Defendants, Honorable Kevin Hess, Honorable Edward Guido, Honorable Albert Masland, Honorable J. Wesley Oler, Jr., Honorable Christylee Peck and Honorable M.L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KONETSCO v. JUDGE KEVIN HESS et al. Plaintiff Defendants CIVIL ACTION NO. NO. 12-3626 CERTIFICATE OF SERVICE The undersigned certify that on December 10, 2014, she caused to be served upon the following a copy of the foregoing Notice to Plead, Preliminary Objections, and Memorandum of Law in Support of Preliminary Objections, by first class, postage pre -paid U.S. mail: Michael A. Konetsco 101 Texaco Road Mechanicsburg, PA 17050 Plaintiff Y v \ ._-1C3L-Q2 MARTHA GALE, ESQUIRE MICHAEL KONETSCO, Plaintiff v. JUDGE KEVIN HESS et al. Defendant Qtountp or CiintberIona IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-3626 CIVIL ACTION IN RE: ORAL ARGUMENT ON PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this 12th day of January 2015, upon consideration of the Preliminary Objections to Plaintiff's Amended Complaint, oral argument is scheduled for 18 February 2015 at 11:00 a.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Briefs must be timely and properly submitted in order for any party to argue their position before the Court. Distribution/List: ✓Michael Konetsco, pro se 'Martha Gale, Esq. Cop i:;s ,2z LFL- / 2/IS a: