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HomeMy WebLinkAbout12-4267R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for Jodie and William Kokos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO. /02 - 4o?& 7 810-1r* PLAINTIFFS, PROFESSIONAL MEDICAL 8tftrst.oe&f Ln NEGLIGENCE mechanicabn PA 17050 V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUT'HMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS F i =rn T -- (j)r-- ' > i ' _<. t tD vJ , .C 2? ?-y = -T } 7t CD. --? Cs . JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. -#03.15 PO A'rTY 0, *# /79 yl p#a77-7 8 _ Writ of Summons shall be issued and forwarded t,py?ney ( X ) Sheriff Charles W. Marsar, Esouire 3513 North Front Street of o ney Harrisburg, PA 17110 (717) 234-7828 Supreme Cou o.86072 Names/Address/Telephone No. Date: y of Attorney WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: 01ta ) Check here if reverse is used for additional infoi R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for Jodie and William Kokos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO. PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED SHERIFF'S DIRECTIONS TO THE SHERIFF OF CUMBERLAND COUNTY: 1) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumblerland County upon the Defendant, Stephen Powers, M.D at the business address located at 4310 Londonderry Road, Suite 202, Harrisburg, PA t 17109, by personally handing a copy of the same to the manager, clerk or other adult individual for the time being in charge of the business or activity of the business. 2) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendant:, Pennsylvania Neurosurgery and Neuroscience Institute, Inc. at the registered office address located at 133 Jeff Lane, Hummelstown, PA 17036, by personally handing a copy of the same to the manager, cleric or other adult individual for the time being in charge of the business or activity of the business. 3) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendant, Stephen Miiito, M.D. at the business address located at 880 Century Drive;, Mechanicsburg, PA 17055, by personally handing a copy of the same to the manager, clerk or other adult individual foi the time being in charge of the business or activity of the business. 4) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendant, Stephen J. Milito, M.D., PC at the registered office address located at 5 Clover Lane, Mechanicsburg, PA 17050, by personally handing a copy of the same to the manager, clerk., or other adult individua for the time being in charge of the business or activity of the business. 5) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendant, Robert W. Luthmann, Ph.D. at the business address located at 880 Century Drive, Mechanicsburg, PA 17055, personally handing a copy of the same to the manager, clerk, or other adult individual for the time being in charge of the business or activity of the business. 6) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendants, Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., Ti'D/B/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T/DB/A Capital Area R T Associates; and Holy Spirit Ventures, Inc., T/DB/A Oakwood Cancer Center at the registered office address located at 503 N. 2151 Street, Camp Hill, PA 17011 by personally handing a copy of the same to the manager, clerk, or other adult individual for a time being in charge of the business c activity of the business. 7) Please serve the Writ of Summons in the above-captioned action, issued by the Prothonotary of Cumberland County upon the Defendant, Capital Area R T Associates, at the business address located at 3912 Trindle Road, Camp Hill, PA, 17011 by personally handing a copy of the same to the manager, clerk, or other adult individu l for a time being; in charge of the business or activity of the business. 8) Please serve the Writ of Summons in the above-captioned action, issed 4 the Prothonotary of Cumberland County upon the Defendant, Oakwood Cancer Center, at the business address located at 880 Century Drive, Mechanicsburg, PA 17055 by personally handing a copy of the same to the manager, clerk, or other adult individual for a time being in charge of the business or activity of the business. Respectfully requested, R. J. Wg ,ASSOCIATES, P.C. By: Dated: ?' 12 CHARLES VV' MARSP.1 ESQUIRE ID No. 8607'2 ?? 3513 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff 3 C-3 e+.a ? tl7 "'C 4 O R. J. MARZELLA & ASSOCIATES, P.C. w BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Attorney for Harrisburg, PA 17110 Jodie and William Kokos Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, PLAINTIFFS, V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/DB/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS DOCKET NO. /a2-#6767 Owire/o PROFESSIONAL MEDICAL NEGLIGENCE JURY TRIAL DEMANDED MOTION FOR PRE-COMPLAINT DISCOVERY --?! a f-, 4:1 1' AND NOW COMES, Plaintiffs, Jodie and William Kokos, by and through their counsel, R. J. Marzella and Associates, P.C. with the following Motion for Pre-Complaint Discovery: On or about July 9, 2012, Plaintiffs commenced this civil action by filing a Writ of Summons. 4. Pursuant to Pennsylvania Rule of Civil Procedure 4005(a), Plaintiff requ additional time to perform limited discovery in order to obtain pertinent information related to the preparation of the Complaint. 5. On or about July 9, 2012, written discovery was sent to Defendants which in accordance with Pennsylvania Rule of Civil Procedure 4006(2), require responses by August 9, 2012. (See Written Discovery attached hereto as Exhibit "A"). 6. Full and complete review of the aforementioned discovery will provide the information needed to file a proper Complaint. 7. As a result of the foregoing, Plaintiff requests this Honorable Court to grant sixty (60) days from receipt of the back up tapes of her Gammaplan treatment plan in which to file a Complaint in this matter. 8. To date, no judge has ruled on any issues with respect to this action. WHEREFORE, Plaintiffs, Jodie and William Kokos, request. the Honorable Court issue an Order requiring Defendants Holy Spirit Ventures, Inc; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T,/D/B/A Capital Area R T Associates; Holy Spirit Ventures, Inc, T/D/B/A Oakwood Cancer Center, Capital Area R T Associates; and Oakwood Cancer Center produce the 2 Plaintiffs back up tapes of her Gammaplan treatment plan from her procedure performed on July 16, 2010. Dated: (-I- Respectfully submitted, R.J. zella`)? Associates, P.C. Atto W. Ma Lsquire No. 86072 Exhibit A Plaintiffs Request for Production propounded upon Defendants Holy Spirit Ventures Center; Holy Spirit Ventures Inc.. T/D/B/A Capital Area R T Associates; Holy Spirit Ventures, Inc. T/D/B/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for Jodie and William Kokos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO. PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL, AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/DB/A OAKWOOD CANCER CENTER; CAPITAL. AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED 5 PLAINTIFF'S REQUEST FOR PRODUCTION PROPOUNDED UPON DEFENDANTS HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., T/DB/A CAPITAL AREA RT ASSOCIATES; HOLY SPIRIT VENURES, INC., T/DB/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER I DEFINITIONS Whenever the word "you" or "your" appears herein and whenever the designation of the party served with this Request for Production of Documents appears herein an( whenever any person or entity is referred to herein, such word, designation, person of entity shall be construed to mean not only the party served with these Requests, other person or entity in his, her, its or their own right, but also his, her, its or their agents, servants, workmen, representatives, employees or attorneys. If the defendant to whom these Requests are addressed is riot an individual(s), "you" or ";your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees and all other persons purporting to act on behalf of it or its predecessors. For purposes of these Requests, the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster or investigator for the party or the party's insurer. For purposes of these Requests, the word "statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also includes a stenographic, mechanical, electrical, or other recording or a transcription 6 thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. The term "document" or "documents" refers to writing and printed matter of every kind and description including, but not limited to, checks, bank drafts, invoices, memoranda, photographs and drawings, graphs, charts, telegrams, letters, contracts, diaries, notes, minutes of any board of directors or committee thereof, and records of any event, written or oral communication and recordings (tape, disc or other) of events or oral communications and other data compilations in whatever form from which information may be obtained or translated through human, mechanical or other means into a reasonably usable form, including drafts, copies, transcripts and summaries of any of the foregoing, whether or not within the possession, custody or control of the defendant. As used herein, "document" or "documents" also refers to the originals of the materials listed as well as all copies, reproductions and print-outs of such documents which bear any notations or other alterations not found on the original or differ in form or in substance from the original or if the original is not in the possession, custody or control of the defendant or that of its subsidiaries, affiliates, divisions or other organizational units or their agent(s) or representative(s). 7 DOCUMENTS TO BE PRODUCED 1. All back up tape(s) of the Gammaplan treatment plan for the procedul performed on Plaintiff, Jodie Kokos, at Defendant Oakwood Cancer Center on July 1 i 2012. Respectfully submitted, R. J. SSOCIATES, P.C. BY. ID No. DATED: -)- JR., ESQUIRE 8 CERTIFICATE OF SERVICE I, Katie L. Adam , hereby certify that a true and correct copy of the foregoin document was served upon counsel of record this 9th day of Jul, 2012, by depositi said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, class delivery, and addressed as follows: ANDREW FOULKROD, ESQ. FFOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANT STEPHEN MILITO, M.D. LEIGH A.J. ELLIS, ESQ. CINDY ELLIS, ESQ FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN POWERS, M.D. AND PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC. Thomas Paschos, Esq. Thomas Paschos & Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Defendant Oakwood Cancer Center Defendant Stephen J. Milito, M.D. PC 5 Clover Lane Mechanicsburg, PA 17050 Defendant Robert W. Luthmann, Ph.D. 88o Century Drive Mechanicsburg, PA 17055 Defendants Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates; and Holy Spirit Ventures, Inc. T/D/B/A Oakwood Cancer Center 503 N 21't Street Camp Hill, PA 17011 Defendant Capital Area R T Associates 3912 Trindle Road Camp Hill, PA 17011 R. J. MARZELLA & ASSOCIATES, P.C. BY: _ TIE L. AD PWCLERK TO CHARLES W. MARSAR, JR, ESQUIRE FiLED-OFFICE FOULKROD ELLIS U Andrew H. Foulkrod, Esquire 2012 JUL 16 AM 10: 56 Attorney I.D. #77394 4000 Market Street CUMBER AND COUNTY Camp Hill, PA 17011 PEN SYLVANIA Phone: (717) 909-7006 Attorney for Defendants, Fax: (717) 909-6955 Stephen Milito, M.D. and JODIE and WILLIAM KOKOS, Ste hen J. Milito, M.D., P. C. IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, M.D.; PENNSYLVANIA NO. 124267 CIVIL TERM NEUROSURGERY AND NEUROSCIENCE PROFESSIONAL MEDICAL INSTITUTE, INC.; STEPHEN MILITO, M.D., NEGLIGENCE STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C., in the above-captioned action. Respectfully submitted, FOULKROD ELL Professiona r ration Date: By: An*'Ev H''Foulkrod, Esquire Court I.D. No. 77394 andrew0foulkrod com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon counsel of record this J 7 th day of , 2012, by depositing said copy the United States Mail at Camp Hill, Pennsyly ia, pos a prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintiff) Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, MD. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates and Oakwood Cancer Center) Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates; and Holy Spirit Ventures, Inc. t/d/b/a Oakwood Cancer Center 503 N. 21 S` Street Camp Hill, PA 17011 FOULKROD ELLIS PROFESSIONAL CORPORATION By: Christina Shaffer, Paralegal. FOULKROD ELLIS ` w Andrew H. Foulkrod, Esquire Attorney I.D. #77394 4000 Market Street C Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 JODIE and WILLIAM KOKOS, Plaintiffs v. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D., STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants NO. 12-4267 CIVIL TERM PROFESSIONAL MEDICAL NEGLIGENCE JURY TRIAL DEMANDED T0: PROTHONOTARY Please issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. TY ENNSYLVANIA Attorney for Defendants, Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, FOULKROD ELLIS Professional Corpc Date: t 7 By: 17- -i- I -OFFICE: 201 JUL 18 AM 10: 55 Foulkrod, Esquire Court I.D. No. 77394 FOULKROD ELLIS Andrew H. Foulkrod, Esquire Attorney I.D. #77394 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants, Stephen Milito, M.D. and JODIE and WILLIAM KOKOS, Stephen J. Milito, M.D., P.C. IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, M.D.; PENNSYLVANIA NO. 124267 CIVIL TERM PROFESSIONAL MEDICAL NEUROSURGERY AND NEUROSCIENCE NEGLIGENCE INSTITUTE, INC.; STEPHEN MILITO, M.D. , STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES , INC.; HOLY SPIRIT VENTURES, INC. t/d/b/a , CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC. , t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants JURY TRIAL DEMANDED TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against Defendants, Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C., in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Date: Prothonotary " :T l CERTIFICATE OF SERVICE I HEREBY CERTIFY tl at true and correct copies of the foregoing were served upon counsel of record this __/:7 ID_ day of , 2012, by depositing said copy the United States Mail at Camp Hill, Pennsyl ia, pos a prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintiff) Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates and Oakwood Cancer Center) Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates; and Holy Spirit Ventures, Inc. t/d/b/a Oakwood Cancer Center 503 N. 21St Street Camp Hill, PA 17011 FOULKROD ELLIS PROFESSIONAL CORPORATION By: stina Shaffer, Paralegal G THE`P ROTNONOTAf r" ?-'1'2 JUL 23 PM 2: 11 CUMBERLAND COUNTY PENNSYLVANIA R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for Jodie and William Kokos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO. 12-4267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED MOTION FOR PRE-COMPLAINT DISCOVERY AND NOW COMES, Plaintiffs, Jodie and William Kokos, by and through their counsel, R. J. Marzella and Associates, P.C. with the following Motion for Pre-Complaint Discovery: 1. On or about July 9, 2012, Plaintiffs commenced this civil action by filing a Writ of Summons. 4. Pursuant to Pennsylvania Rule of Civil Procedure 4005(a), Plaintiff req additional time to perform limited discovery in order to obtain pertinent information related to the preparation of the Complaint. On or about July 18, 2012, written discovery was sent to Defendants which, in accordance with Pennsylvania Rule of Civil Procedure 4006(2), require responses by August 18, 2012. (See Written Discovery attached hereto as Exhibit "A"). 6. Full and complete review of the aforementioned discovery will provide the information needed to file a proper Complaint. 7. As a result of the foregoing, Plaintiff requests this Honorable Court to grant sixty (60) days from receipt of the back up tapes of her Gammaplan treatment plan in which to file a Complaint in this matter. 8. Defense Counsel is not in concurrence with this Motion for Pre-Complaint Discovery. 9. To date, no judge has ruled on any issues with respect to this action. WHEREFORE, Plaintiffs, Jodie and William Kokos, request the Honorable Court issue an Order requiring Defendants Holy Spirit Ventures, Inc; Holy Spirit Ventures, Inc., T/DB/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T/DB/A Capital Area R T Associates; Holy Spirit Ventures, Inc, T/DB/A Oakwood Cancer Center, Capital Area R T Associates; and Oakwood Cancer Center produce the Plaintiffs back up tapes of her Gammaplan treatment plan from her procedure perform on July 16, 2010. Respectfully submitted, R. J. NWzella & Associates, P.C. 1V1arsa ., u uire is +L Attorney Identif ation No 86072 Dated: t' Exhibit A Plaintiffs Request for Production propounded upon Defendants Holy Spirit Ventures Inc., Holy Spirit Ventures Inc T/DB/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures Inc T/DB/A Capital Area R T Associates; Holy Spirit Ventures, Inc., T/DB/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for Jodie and William Kokos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO. 12-4267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R 7'ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED 5 PLAINTIFF'S REQUEST FOR PRODUCTION PROPOUNDED UPON DEFENDANTS HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/DB/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., T/DB/A CAPITAL AREA RT ASSOCIATES; HOLY SPIRIT VENURES, INC., T/DB/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER DEFINITIONS Whenever the word "you" or "your" appears herein and whenever the designation of the party served with this Request for Production of Documents appears herein and whenever any person or entity is referred to herein, such word, designation, person or entity shall be construed to mean not only the party served with these Requests, other person or entity in his, her, its or their own right, but also his, her, its or their agents, servants, workmen, representatives, employees or attorneys. If the defendant to whom these Requests are addressed is not an individual(s), "you" or "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees and all other persons purporting to act on behalf of it or its predecessors. For purposes of these Requests, the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster or investigator for the party or the party's insurer. For purposes of these Requests, the word "statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also 6 includes a stenographic, mechanical, electrical, or other recording or a transcripti6n thereof which is a substantially verbatim recital of an oral statement by the persdn making it and contemporaneously recorded. The term "document" or "documents" refers to writing and printed matter ?f every kind and description including, but not limited to, checks, bank drafts, invoice, memoranda, photographs and drawings, graphs, charts, telegrams, letters, contract, I diaries, notes, minutes of any board of directors or committee thereof, and records I any event, written or oral communication and recordings (tape, disc or other) of or oral communications and other data compilations in whatever form from whi information may be obtained or translated through human, mechanical or other mea into a reasonably usable form, including drafts, copies, transcripts and summaries of of the foregoing, whether or not within the possession, custody or control of defendant. As used herein, "document" or "documents" also refers to the originals of materials listed as well as all copies, reproductions and print-outs of such documE I which bear any notations or other alterations not found on the original or differ in or in substance from the original or if the original is not in the possession, custody o control of the defendant or that of its subsidiaries, affiliates, divisions or o I organizational units or their agent(s) or representative (s), DOCUMENTS TO BE PRODUCED 1. All back up tape(s) of the Gammaplan treatment plan for the procedui performed on Plaintiff, Jodie Kokos, at Defendant Oakwood Cancer Center on July 1i 2010. Respectfully submitted, R. J. W EtLA 8j ASSOCIATES, P.C. BY: CHARLES W. MAIz, ., ESQUIRE . 6072 DATED: T tj I2, CERTIFICATE OF SERVICE 1, Katie L. Adam , hereby certify that a true and correct copy of the fo document was served upon counsel of record this 18`h day of Juix, 2012, by depositi said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, fi class delivery, and addressed as follows: ANDREW FOULKROD, ESQ. FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANT STEPHEN MILITO, M.D. LEIGH A.J. ELLIS, ESQ. CINDY ELLIS, ESQ FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN POWERS, M.D. AND PENNSYLVANIA NEUROSURGERYAND NEUROSCIENCE INSTITUTE, INC. Thomas Paschos, Esq. Thomas Paschos & Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Defendant Oakwood Cancer Center Defendant Stephen J. Milito, M.D. PC 5 Clover Lane Mechanicsburg, PA 17050 Defendant Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Defendants Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates; and Holy Spirit Ventures, Inc. T/D/B/A Oakwood Cancer Center 503 N. 21". Street Camp Hill, PA 17011 Defendant Capital Area R T Associates 880 Century Drive Mechanicsburg, PA 17055 R. J. MARZELLA & ASSOCIATES, P.C. \TIE L. ADAM, LAW CLERK TO CHARLES W. ARSAR, JR, ESQUIRE CERTIFICATE OF SERVICE I, Katie L. Adam , hereby certify that a true and correct copy of the foregoi document was served upon counsel of record this 18`h day of July, 2012, by depositi said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, fi class delivery, and addressed as follows: ANDREW FOULKROD, ESQ. FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANT STEPHEN MILITO, M.D. LEIGH A .J. ELLIS, ESQ. CINDY ELLIS, ESQ FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN POWERS, M.D. AND PENNSYLVANIA NEUROSURGERYAND NEUROSCIENCE INSTITUTE, INC. Thomas Paschos, Esq. Thomas Paschos & Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Defendant Oakwood Cancer Center Defendant Stephen J. Milito, M.D. PC 5 Clover Lane Mechanicsburg, PA 17050 Defendant Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Defendants Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., T/DB/A Capital Area R T Associates; and Holy Spirit Ventures, Inc. T/DB/A Oakwood Cancer Center 503 N. 21St. Street Camp Hill, PA 17011 Defendant Capital Area R T Associates 880 Century Drive Mechanicsburg, PA 17055 R. J. MARZELLA & ASSOCIATES, P.C. BY: t D JVATIE L. ADAM,WCLERK TO CHARLES W. MARSAR, ,JR, ESQUIRE FOULKROD ELLIS Professional Corporation 4000 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Ji" THE PROTHONQTA 2012 JUL 23 PN 1 4,S §rney for Defendants: r1IMFRI AND CE}Ul'en Powers, M.D. and Pennsylvania Neurosurgery nrncrien(-e Institute. Inc. Fax: (717) 909-6955 .,?...._ ,.-_.. JODIE AND WILLIAM KOKOS, ..__ - - - THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, v. PENNSYLVANIA STEPHEN POWERS, M.D.; CIVIL ACTION - LAW PENNSYLVANIA NEUROSURGERY & PROFESSIONAL MEDICAL NEGLIGENC NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. NO. 12-4267 MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT JURY TRIAL DEMANDED VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA RT ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA RT ASSOCIATES; AND OAKWOOD CANCER CENTER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Stephen Powers, M.D. and Pennsylvania Neurosurgery & Neuroscience Institute, Inc., in the above-captioned action. Respectfully submitted, Date: - - 1)6 ?' FOULKROD ELLIS PROFESSIONAL CORPORATION By: ire Leigh A.Jrkrod Attorney 2) leighgfo 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 20th day of July, 2012, by depositing said copy in the United States Mail o Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Defendant, Stephen Milito, M.D.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (Counsel for Defendants, Capital Area RT Associates and Oakwood Cancer Center) Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates; and Holy Spirit Ventures, Inc., t/d/b/a Oakwood Cancer Center 503 N. 21st Street Camp Hill, PA 17011 FOULKROD ELLIS PROFESSIONAL CORPORATION By: tacy L. Br on, Paralegal JODIE AND WILLIAM KOKOS, Plaintiffs V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA RT ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA RT ASSOCIATES; AND OAKWOOD CANCER CENTER, Defendants TO THE PLAINTIFFS: IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROFESSIONAL MEDICAL NEGLIGEN NO. 12-4267 JURY TRIAL DEMANDED RULE You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. .' -?, ) Date: 1l,?ttc,?C Prothonotary 0-0F F icIL THE R FOULKROD ELLIS Professional Corporation 2011 JUL 23 Ply 1: 16 4000 Market Street for Defendants: Camp Hill, Pennsylvania 17011 CUMBERLAND C X Powers, M.D. and Pennsylvania Neurosurgery Telephone: (717) 909-7006 PNNSYL?AN euroscience Institute, Inc. Fax: (717) 909-6955 JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA RT ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA RT ASSOCIATES; AND OAKWOOD CANCER CENTER. Defendants CIVIL ACTION - LAW PROFESSIONAL MEDICAL NEGLIGEN NO. 12-4267 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT YO-PROTHONOTARY Please issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: ' 0 - / ?-- By: Leigh A.J llis, Esquire Attorney D. No. 53229 lei hOf lkrod.com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindykfoulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon a counsel of record this 20th day of July, 2012, by depositing said copy in the United States Mail Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Defendant, Stephen Milito, M.D.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (Counsel for Defendants, Capital Area RT Associates and Oakwood Cancer Center) Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates; and Holy Spirit Ventures, Inc., t/d/b/a Oakwood Cancer Center 503 N. 21s' Street Camp Hill, PA 17011 FOULKROD ELLIS PROFES IONAL CORPORATION By: Stacy L. Breo , Paralegal 1328309 DICKIE, MCCAMEY & CHILCOTE, P.C. ter 1 h ?V 11_"" BY: Thomas M. Chairs, Esquire l ; t t ATTORNEY I.D. NO. 78565 f ATTORNEY F Zt 4?t HOLY SPIRIT VENTURES INC ET R: L , ., . BY: Aaron S. Jayman, Esquire LU ATTORNEY I.D. NO. 85651 302 n Pl 21 S i t1 T U 4 aza , u te 425 N h 21 S R o A ort st treet 4ti YL p'"N Camp Hill, PA 17011 (`ii 717-731-4800 (Tele) 888-811-7144 Fax JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-4267 STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire counsel for Defendant, Holy Spirit Ventures, Inc. in the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: July 24, 2012 BY: -- Tho . C airs, Esquire Supreme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court 1. D. #85651 425 N. 21" Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Ventures, Inc. 2 CERTIFICATE OF SERVICE AND NOW, July 24, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel lof record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Hill, Pennsylvania, addressed as follows: By First-Class Mail: Charles W. Marsar, Jr., Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Andrew H. Foulkrod, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., PC) Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D., Pennsylvania Neurosurgery and Neuroscience Institute, I c.) Thomas Paschos, Esquire THOMAS PASCHOS & ASSOCIATES, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates and Oakwood Cancer Center irs, Esquire THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 ,? ... TN£ PRO TNOM TAR Y 2012 JUL 25 PM 2: 40 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendants, Capital Area R T Associates; and Oakwood Cancer Center Jodie and William Kokos, V. Plaintiffs Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. DOCKET NO. 12-4267 Civil Term Professional Medical Ni JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the Defendants, Capital Area R T and Oakwood Cancer Center, in the above-captioned matter. THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney for Defendants, Capital Area R T Associates; and Oakwood Cancer Center IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 Attorney for Defendants, Capital Area R T Associates; and Oakwood Cancer Center IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jodie and William Kokos, Plaintiffs DOCKET NO. 12-4267 V. Civil Term Professional Medical Neglige Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Respectfully submitted, THOMAS PASCHOS & ASSOCIATES, P.C Date: -? to /f -L- BY: Thongs Pafchos, Esquire One Penn Center 1617 John F. Kennedy Blvd., Suite 935 Philadelphia, PA 19103 215-636-0555 THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 Attorney for Defendants, Capital Area R T Associates; and Oakwood Cancer Center Jodie and William Kokos, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO. 12-4267 Civil Term Professional Medical NE Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. JURY TRIAL DEMANDED RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against Defendants, Capital Area R T Associates and Oakwood Cancer Center, in the above-captioned matter within twenty (20) of service of this Rule against you or suffer judgment non pros. Date: S I Prothonotary `,_ THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 Attorney for Defendants, Capital Area R T Associates; and Oakwood Cancer Center Jodie and William Kokos, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO. 12-4267 Civil Term Professional Medical Ni Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. JURY TRIAL DFMANT)Fn CERTIFICATION OF SERVICE I, THOMAS PASCHOS, ESQUIRE, hereby deposes and says that a true and correct of the Entry of Appearance and Praecipe to File a Complaint have been forwarded by way of Regular Mail to all counsel of record, as follows: Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 1711 (Counsel to Plaintiffi Andrew H. Foulkrod, Esquire Foulkrod Ellis, P.A. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA' 17055 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 (Attorney for Holy Spirit Ventures, Inc.) THOMAS PASCHOS & ASSOCIATES, P.C. ` gy; Date: Z??' ?/ L ? l Z 'T omas Paschos, Esquire Attorney for Defendant, Capital Area R T Associates; and Oakwood Cancer Center P 1. a JODIE AND WILLIAM KOKOS, PLAINTIFFS V. STEPHEN POWERS, MD., PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC., STEPHEN MILITO, MD., STEPHEN J. MILITO, MD., PC, ROBERT W. LUTHMANN, PH.D., HOLY SPIRIT VENTURES, INC., HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC., AND OAKWOOD CANCER CENTER, HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC. HOLY SPIRIT VENTURES, INC., T/D/StA OAKWOOD CANCER CENTER: CAPITAL AREA R T ASSOCIATES, AND OAKWOOD CANCER CENTER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4267 CIVIL ORDER Of COURT a C_ r N .„ i w w AND NOW, this 26"' day of July, 2012, upon consideration of the Plaintiff's Motion Pre- Complaint Discovery, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requ6sted shoul not be granted; 2. The Defendants will file an answer on or before August 17, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Brief argument on the matter will be held on Thursday, October 11, 2012, at 8:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. r/Charies W. Marsar, Jr., Esquire Attorney for Plaintiff Y Andrew Foulkrod, Esquire Leigh A. J. Ellis, Esquire ? Cindy Ellis, Esquire 4000 Market Street Camp Hill, PA 17011 Thomas Paschos, Esquire t1 One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Stephen Milito, MD, PC e/ 5 Clover Lane Mechanicsburg, PA 17050 Robert W. Luthmann, Ph.D. ? 880 Century Drive Mechanicsburg, PA 17055 Holy Spirit Ventures, Inc. 503 North 21" Street Camp Hill, PA 17011 Capital Area R T Associates 880 Century Drive Mechanicsburg, PA 17055 bas?/ P- , T m4r ie,llQ G es twa . 'lei THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 HE P OTHOtjO7Ap,, 1011 JUL 30 PM 4: 14 1? U p?ENNSYLVANIA Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center, and Robert W. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jodie and William Kokos, V. Plaintiffs Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. DOCKET NO. 12-4267 Civil Term Professional Medical N, JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the Defendant, Robert W. Luthmann, Ph.D., in the above-captioned matter. THOMAS PASCHOS & ASSOCIATES, P.C. By: - ?? Thomas Paschos, Esquire Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jodie and William Kokos, V. Plaintiffs Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. DOCKET NO. 12-4267 Civil Term Professional Medical Nf JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, THOMAS PASCHOS, ESQUIRE, hereby deposes and says that a true and correct of my Entry of Appearance has been forwarded by way of Regular Mail to all counsel of as follows: Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 1711 (Counsel for Plaintiffi Andrew H. Foulkrod, Esquire Cindy Ellis, Esquire Foulkrod Ellis, P.A. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, MD. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 (Attorney for Holy Spirit Ventures, Inc.) THOMAS PASCHOS A-ASSOCIATES, P.C. Date: / Z By: Thomas Paschos, Esquire Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. 4 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 i HONO i 2012 AUG - 2 P 1, IQ 3 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center, and Robert W. Luthmann Ph.D IN THE COURT OF COMMON PLEAS Jodie and William Kokos, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs DOCKET NO. 12-4267 V. Civil Term Professional Medical Negligence Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., T/B/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. JURY TRIAL DEMANDED REPLY OF DEFENDANTS, CAPITAL R T ASSOCIATES AND OAKWOOD CANCER CENTER TO PLAINTIFFS MOTION FOR PRE-COMPLAINT DISCOVERY Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. 2. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on .July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. 3. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. 4. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. 6. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. 7. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. Denied. The allegations contained herein are conclusions of law, which are denied. Strict proof of same is demanded at time of trial. By way of further answer, on July 25, 2012 a disc which contained a Gamma Knife treatment plan for Jodie Kokos was federal expressed to attorney Charles W. Marsar, plaintiffs' counsel. Plaintiffs' Motion is now Moot. Wherefore, plaintiffs' Motion should be denied as it is now Moot. THOMAS PASCHOS & ASSOCIATES, P.C. By: Th mas aschos, Esquire Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. THOMAS PASCHOS & ASSOCIATES, P.C. By: Thomas Paschos, Esquire Attorney I.D. # 43935 One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 215-636-0555 Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Jodie and William Kokos, Plaintiffs DOCKET NO. 12-4267 V. Civil Term Professional Medical Negligence Stephen Powers, M.D.; Pennylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., PC Robert W. Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc., T/DB/A; Capital Area R T Associates; and Oakwood Cancer Center; Holy Spirit Ventures, Inc. TB/D/A Capital Area R T Associates; Holy Spirit Ventures, Inc., TB/D/A Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center Defendants. JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, THOMAS PASCHOS, ESQUIRE, hereby deposes and says that a true and correct copy of the Reply to Plaintiffs' Motion for Pre-Complaint Discovery has been forwarded by way of Regular Mail to all counsel of record, as follows: Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 1711 (Counsel for Plaintiffi Andrew H. Foulkrod, Esquire Cindy Ellis, Esquire Foulkrod Ellis, P.A. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 (Attorney for Holy Spirit Ventures, Inc.) THOMAS PASCHOS & ASSOCIAT S, P.C. Date:2 By: Thomas Paschos, Esquire Attorney for Defendants, Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D. JODIE AND WILLIAM KOKOS, PLAINTIFFS V. STEPHEN POWERS, MD., PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC., STEPHEN MILITO, MD., STEPHEN J. MILITO, MD., PC, ROBERT W. LUTHMANN, PH.D., HOLY SPIRIT VENTURES, INC., HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC., AND OAKWOOD CANCER CENTER, HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC. HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER: CAPITAL AREA R T ASSOCIATES, AND OAKWOOD CANCER CENTER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4267 CIVIL ORDER OF COURT AND NOW, this 2nd day of August, 2012, upon review of the procedural posture of the above captioned case, and the Court noting that there is an outstanding Motion for Pre- Complaint Discovery, IT IS HEREBY ORDERED AND DIRECTED that the filing of the Plaintiff's Complaint ii this case will be stayed pending this Court's ruling on the Motion for Pre-Complaint Discovery. Charles W. Marsar, Jr., Esquire Attorney for Plaintiff ?Andrew Foulkrod, Esquire Leigh A. J. Ellis, Esquire Cindy Ellis, Esquire 4000 Market Street Camp Hill, PA 17011 Thomas Paschos, Esquire One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 w? rn z c; r_0 M.3 Nwj a c c? i r1) aa- 0 C7l By the Court, V Stephen Milito, MD, PC 5 Clover Lane Mechanicsburg, PA 17050 ;/Robert W. Luthmann, Ph.D. 880 Century Drive Mechanicsburg, PA 17055 V Holy Spirit Ventures, Inc. 503 North 21st Street Camp Hill, PA 17011 r/ Capital Area R T Associates 880 Century Drive Mechanicsburg, PA 17055 bas 6pP e5 ma,1 ,4 'ela FOULKROD ELLIS pie e_A_ Andrew H. Foulkrod, Esquire Attorney I.D. #77394 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 ttorney for Defendants, Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C. JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-4267 CIVIL TERM STEPHEN POWERS, M.D.; PENNSYLVANIA PROFESSIONAL MEDICAL NEUROSURGERY AND NEUROSCIENCE NEGLIGENCE INSTITUTE, INC.; STEPHEN MILITO, M.D., STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, ` '- e INC.; HOLY SPIRIT VENTURES, INC., t/d/b/a t CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT ar• r-- VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., i- _-. t/d/b/a OAKWOOD CANCER CENTER; - t . CAPITAL AREA R T ASSOCIATES; and -' i= OAKWOOD CANCER CENTER, Defendants TURY TRIAL DEMANDED RESPONSE TO PLAINTIFFS' MOTION TO CONDUCT PRE-COMPLAINT DISCOVERY OF DEFENDANTS STEPHEN MILITO, M.D. AND STEPHEN J. MILITO, M.D., P.C. r a J Dr. Milito and his professional corporation join in the response filed by Co-Defendants Capital Area RT Associates and Oakwood Cancer Center. Date: Respectfully submitted, FOULKROD By: Andrew H'Foulkrod, Esquire Court I.D. No. 77394 andrew ,foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 8 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: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintiff) Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste 93 5 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21" Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal L. Nemetz, Secretary •` F..~...tJ~lJi r SHERIff'S OFFICE OF CUMBERLANi'D~~ ~ ~ ~`~ ` ~tiF`~` Ronny R Anderson ?[' (~ ~~~ Z ( ~~~ ~(~; ^~ ~ c Sheriff ~~~„cr at ~ tr~pbrr~ah~ ~,, ~ , n ~, ~ ; „_ ,,~, Jody S Smith ,.~~.~~"'~~~ftt_r~>It~ ~l~i~ ~ , Chief Deputy G .~f~i'~'~~ ~~~$~~~~Vt'~~e1;~, ,~;i" ~~_ts; .r-~ Richard W Stewart Solicitor ~cE ~~~ ~"~ ~~:~irr Jodie Kokos (et al.) Case Number vs. Stephen K. Powers, MD (et al.) 2012-4267 SHERIFF'S RETURN Of SERVICE 07/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear and inquiry for the within named defendant, to wit: Pennsylvania Neurosurgery and Neuroscience Institute, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 07/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear and inquiry for the within named defendant, to wit: Stephen K. Powers, MD, but was unable to locate in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the withi Writ of Summons according to law. 07/20/2012 12:19 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states tha# on July 2012 at 1219 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Robert W. Luthmann, PhD, by making known unto Jean Werner, Office Manager for Robert W. Luthmann, PhD at 880 Century Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 07/20/2012 12:19 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 2012 at 1219 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Oakwood Cancer Center, by making known unto Jean Werner, Office Manager for Oakwood Cancer Center at 880 Century Drive, Mechanicsburg, Cumberland County, Pennsylvania 17 its contents and at the same time handing to her personally the said true and correct copy of the~sam~e ~,~'~/ RONALD HOOVER, DEPUTY 07/20/2012 12:23 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 0, 2012 at 1219 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Stephen J. Milito, MD, by making known unto Jean Werner, Office Manager for Stephen J. Milito, MD at 880 Century Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 07/23/2012 12:19 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 2012 at 1219 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Capital Area R T Associates, by making known unto Jean Werner, Office Manager f~ Capital Area R T Associates at 880 Century Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. (c) CountySuite Sheri N, Teleosoft, L^,:.. ~~~ RONALD HOOVER, DEPUTY 07/24/2012 09:50 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2012 at 0950 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Stephen J. Milto, MD PC, by making known unto April Young, Receptionist for Steph J. Milito, MD PC at 880 Century Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. Deputies were advised, Stephen J. Milito, MD PC, no longer resides at 5 Clover Lane, Mechanicsburg, Pennsylvania 17050. _._..7 NOAH CLINE, DEPUTY 07/24/2012 11:47 AM -Noah Cline, Deputy Sheriff, who being duty sworn according to law, states that on July 24, 2012 at 1147 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Holy Spirit Ventures, Inc., by making known unto Kay Tipton, Legal Coordinator and Risk Manager for Holy Spirit Ventures, Inc. at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and core copy of the same. /l INE, DEPUTY 08/02/2012 01:59 PM -Dauphin County Return: And now August 2, 2012 at 1359 hours I, Jack Lotwick, Sheriff c Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Wr Summons, upon the within named defendant, .to wit: Stephen K. Powers, MD by making known unto Kauffman, Receptionist for Pennsylvania Neurosurgery Neuroscience Institute at 4310 Londonderry Road, Suite 202, Harrisburg, Pennsylvania 17109 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/02/2012 08:02 PM -Dauphin County Return: And now August 2, 2012 2002 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Wr Summons, upon the within named defendant, to wit: Pennsylvania Neurosurgery and Neuroscience Institute, Inc. by making known unto Stephen K. Powers, MD, Director of Pennsylvania Neurosurgery Neuroscience Institute, Inc. at 133 Jeff Lane, Hummelstown, Pennsylvania 17036 its contents and at same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $184.45 SO ANSWERS, August 09, 2012 R ANDERSON, SHERIFF ic) CcuntySuite Sheriff,'leleosott, Inc. ~~~tt~ II~ ~~ ~p~i~~ Shelle~ Ruhl Real Esta a Deputy William T. Tully Solicitor ;: Dauphin County 101 Market Street Harrisbwg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Michael Assistant JODIE AND WILLIAM KOKOS VS PENNSYLVANIA NEUROSURGERY! NEUROSCIENCE INSTITUTE, INC. Sheriff s Return No. 2012-T-1950 OTHER COUNTY N0.2012-4267 And now: AUGUST 2, 2012 at 8:02:00 PM served the within WRIT OF SUMMONS upon PENNSYLVANIA NEUROSURGERY NEUROSCIENCE INSTITUTE, INC. by personally STEPHEN POWERS, MD 1 true attested copy of the original WRIT OF SUMMONS and known to him/her the contents thereof at 133 JEFF LANE HUMMELSTOWN PA 17036 DIRECTOR OF PENNSYLVANIA NEUROSURGERY NEUROSCIENCE INSTITUTE, INC. SERVICE SHOULD OF BEEN MADE AT 4310 LONDONDERRY ROAD, SUITE 202, HARRISBURG, PA 17109. ADDRESS 133 JEFF LANE, HUMMELSTOWN, PA 17036 IS Tf PERSONAL RESIDENCE OF STEPHEN K. POWERS, MD. Sworn and subscribed to before me this 3RD day of August, 2012 ~~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisbwg, Dauphin County M Commission Ex Tres Au ust 17, 2014 So Answers, ~' ~~~ Sheriff of '~t Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $85.5 7/16/2012 ins; to ~~~tf.£ II~ ~~ ~~er`T'.f~ Shelle~ Ruhl Real Esta a Deputy William T. Tully Solicitor ;: Dauphin County 101 Market Street Harrisbwg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Michael Assistant JODIE AND WILLIAM KOKOS VS PENNSYLVANIA NEUROSURGERY'' NEUROSCIENCE INSTITUTE, INC. ', Sheriff s Return No. 2012-T-1950 OTHER COUNTY N0.2012-4267 And now: JULY 17, 2012 at 1:59:00 PM served the within WRIT OF SUMMONS upon S K. POWERS, MD by personally handing to ERIN KAUFFMAN 1 true attested copy of the origi WRIT OF SUMMONS and making known to him/her the contents thereof at 4310 ROAD, SUITE 202 HARRISBURG PA 17109 RECEPTIONIST AND PERSON IN CHARGE AT TIME OF SERVICE. ADDRESS 4310 LONDONDERRY ROAD, SUITE 202, HARRISBURG, PA 17109 IS THE BUSINESS ADDRESS FOR PENNSYLVANIA NEUROSURGERY NEUROSCIENCE INS INC. Sworn and subscribed to before me this 3RD day of August, 2012 ~~A COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisbwg, Dauphin County M Commission Ex fires Au ust 17, 2014 So Answers, ~~°~~L Sheriff of By/~~` ~~ Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $85.5 7/16/2012 Y Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION _. '`~ .:r ~ *~.~ ~~.: v. Case Number: 12-4267 ~.,f. ~ ~ .-~..s' ~.a 1 - Stephen Powers, M.D. et al, ~ ~ , . _„..w - Defendant(s). ~®., ~~4: Return of Service l st~ On the day of ~r®~t°~YI~/~l{~'~ , Yr. p~G'/ ~ , 1, W~=~~° ~J/~"7dr''e ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: /. Person served (name): ~ Custodian of Records Address where served: ~ ~Gadani Associates 30 E. Shady Ln., Ste. C Enola, PA 17025 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 1 Date Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) W.O. # 245260-001 pa_ros_740_1 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas :..., ~ . ,_ CIVIL ACTION "" Plaintiff(s), `==> ;•:: °~ a -~' - v Case Number: 12-4267 ~>.~,~-, `~' - .~.. ~ s`-' i Stephen Powers, M.D. et al, .-- ~= ~ - Defendant(s). ~= ~ ~-' Return of Service on the ~~ day of ~ y~~ ~J~ `' , Yr. ~~ra, I, ~iCN!/f F~IfY/f/Y~-.. ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): ~JCu~.todian of Records Address where served: ~ Carlisle Digestive Disease Associates, L.T.D. 241 Alexander Spring Rd. Carlisle, PA 17015 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~~/ Date ____.~ ~~ Signature ~` Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-002 pa_ros_140_1 Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 +--t ~! ~ (4Tt --~. =;.. .~ ... :~ t :Y ~~~; ~~~~ ~.a, r ~._i .-~:_ __: -_.~ --~N ~. ~ - -; ., ~_~~; c_~ - "1 Return of S~xvice On th S~ ~j I, ~ ~~ ~~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: J,~ ~+Certified mail to: ~.. Person served (name): ~Cu dian of Records Address where served: ~ Currie & Hecht 25 Eastgate Dr. Carlisle, PA 17015 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. l / ,~CC~ / Date Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O.# 245260-003 pe_roe 140_1 fr `q 4 8 Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). I Court of Common Pleas CIVIL ACTION Case Number: 12-4267 ~.-_, ,_ ___ ,,., _.,, ~~ 9~~ ~.- ~`" ray , ~, .~ ~' _ 1 y Return of Service ~ sr- hh~~' On the day of /~I4e{'I7,bCf~ , Yr. " Ol ~ ., I, ,~y ~~~ ~' ~f7?G'r'e-- ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: i` ~' Certified mail to: .' Person served (name): ~ Custodian of Records Address where served: ~ Partners in Women's Healthcare, PC 1 Lemoyne Sq., Ste. 201 Lemoyne, PA 17043 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~ ~~ Date Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-004 pe_roe 140_1 ~ , e ~~ ~~;`, ~. Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiffs}, v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 - rq_-, -,~ - . - . ,, _:, °=~ _- c , ~. * ~1 ~ --< ~:: ~~ ~; -, ~• .+. r 1 -..... t...J '. .; ~ +_ ~_. ,,.^ Return of Service sir y~~' On the ~ day of /{'v~U'r'~'I~~ y'~ , Yr. ~, I, ~ F ~"»G~'~-__- ,served with the foregoing subpoena by (describe the method of service): P~onally delivering a copy to: Certified mail to: i' Person served (name): ~Custydian of Records Address where served: ~ ©' Pe//nn State Hershey Medical Group Camp Hill 3025 Market St. Camp Hill, PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. l~ ate Name of Witness Name of Person Served ]0-200 (Rev. 7/99) (Reverse) W.O. # 245260-005 ve_ros tao_t r. __ _ _. 4 ~ p~ Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 =, - } . ,.. v7r~ _... ~ .. , L, ~. . ~;, .. M-- <•`° '~ _' Return of S rvice On the 5r _ day of , Yr. ~, I, Y~ff~ fna~e_._ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Address where served: Custodian of Records Dailey, Harvey Eye Associates 1857 Center St. Camp Hill, PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date -- _>/ --- _. ~.=i ` Slgnat Z1Ye Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) W.O. # 245260-006 as ros_iao_~ Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Service On the J ~ day of /_~Y~'~'IIO~,E'' , Yr. ~, I, // ~ ~dr~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): ~ odian of Records Address where served: ~ George P. Ong, M.D. 850 Walnut Bottom Rd., Ste. 301 Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. l Date Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) W.O. # 245260-007 ~ roa_iao_i ~ ~ ~~ a°~ ~,~ ~. Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Service On the 3~~ ~, I, f~-.__ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: i"' Certified mail to: Person served (name): Custo n of Records Address where served: ~ Kiran Sharma, M.D. 122 S. Filbert St. Mechanicsburg, PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate .---- ~~_".' ~.' Signature Name of Witness Name of Person Served 0-200 (Rev. 7/99) (Reverse) W.O. # 245260-009 pe_ros_740_7 ~ ~a ~ ..~-R~' Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Court of Common Pleas Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). CIVIL ACTION Case Number: 12-4267 Return of Service On~th/e ~~ _ day of DV~~j,~~y' , Yr. ~~, I, J' J/f' L° ~f91~r~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: ~ertified mail to: -- ~~` ~} _ ..~~ _~ .. ,,. ... -c •~~ cs~ rt~ C) --y _ :: ~ "~ W4 ~~.., . Ct:.7 Person served (name): ~u ian of Records Address where served: ~ Bowmansdale Family Practice 1 Kacey Ct., Ste. 101 Mechanicsburg, PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Name of Witness Name of Person Served ] 0-200 (Rev. 7/99) (Reverse) W.O. # 245260-008 pa_ros_140_1 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION ~., ` ,. Case Number: 12-4267 ~~ `'Y v. `„~`; ~"~; ; ~~ Stephen Powers, M.D. et al, ~~ Defendant(s). ~'~ == ~~, •~ ~~ , - - 4,,: . Return of Service ~- ~/ On the ~ ^ day of /I'61!<p~~/'' , Yr. Q~~, I, ~~ ~~ f11~y~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): ~ustodi of Records Address where served: ~ innacle Health END Associates/Parul J. Kakaria, M.D. 2025 Technology Pkwy., Ste. 212 Mechanicsburg, PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-010 pa_ros_740_7 t ~~ -~,., Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Sexvice : ~ .>~; = , ., , «; ~ -- ~< W 4 J ~ ~, ... } ~ .--- W - c.,~ry ~..t On th'e/ 1 ~ day of ~ y~~~~ j-' , Yr. ~lJ~ , I, __~,ry~~~~' ~`!jQ~~.._ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): L Custodian of Records Address where served: ~ Pinnacle Medical Surgical Associates 810 Sir Thomas Ct., Ste. 101 Harrisburg, PA 17109 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) W.O. # 245260-011 Pe '°e_~eo-~ b r .~~ Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Service _ , _ _ ._, __ .. ra ~~ . ~ ~ ~,._ . ~- 1 _, a~ ~~ ~:.. .. ~~W~ " .~~- On the ~ _ day of j~~'"~~ f'' , Yr. ~~~ f~, I, / `~~~ ,,~~/~IDY~' ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: ~ertified mail to: Person served (name): ustodian of Records Address where served: ~ umberland Valley Endocrinology Center 49 Brookwood Ave. Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. rr ate Name of Witness ~vu//ce vJ 1 G/JV/L JC/VGU ]0-200 (Rev. 7/99) (Reverse) W.O. 7# 245260-012 ra_~a_uo ~ ~` ~~T~ ~{ times a ~wrYtl ~.11~~j` Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Service On the f ~ day of ~y~rn~~Y~ , Yr• CI/~_ I, ~~~/ ~~=#~/~~~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: ~C,ertified mail to: i Person served (name): ~Custod~an of Records Address where served: ~ All Better Care 6481 Carlisle Pike Mechanicsburg, PA 17050 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. f , Date Name of Witness Name of Person Served 10-200 (Rev. 7199) (Reverse) W.O. # 245260-013 as-rob-140-~ ~~ ~~ t Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), u Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 _ _... __ r. _, -~ --~ ' ;= ~r* T~ ~'--,-~ ~ . cn ~,.,, _,{ ` c,~ _. ... ~" c.> -T ~. i _ =~ ~ -, _ , ;-~ Return of Service On the ~~ _ day of ~y/ ~'Y , Yr. ~, I, ~If~•P ,~j~~r'~.- ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): C stodian of Records Address where served: ~ Premier Opthalmology 92 Tuscarora St., Ste. 2 Harrisburg, PA 17104 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-014 pe_ros 140_1 e, ~~'~~ ~ K Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 _ Return of Service On the ~ day of , Yr. ~11 , I, ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: ~ innacle Health ~Jound Care Center 2025 Technology Pkwy., Ste. G07 Mechanicsburg, PA 17050 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Name of Witness Name of Person Served ]0-200 (Rev. 7/99) (Reverse) W.O. # 245260-015 pe_ros_140_7 4 / ~~~}. S+xL 7~ Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 1 ~ .' .' +. _ "~, r"" ~ << ~i~ {~ _ ~ti:.. ~~ ^ - ~~:. ~..- Return of Se vice On the 1 ~ day of , Yr. I, ~/P ~~ jql`~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): `Custodian of Records Address where served: ~ Scott Mueller, M.D. 2025 Technology Pkwy. Mechanicsburg, PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~ / ate a'- „ .Signature Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-016 oa_me_~~ ~ L V Jodie Kokos, Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), v Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Return of Service On the 5~ day of ~py~y!?,~~Y' , Yr. (,~ ~, I, V (~ ~ 7~'IG~~ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: ~ rology of Central PA 100 Corporate Center Dr., Ste. 100 Camp Hill, PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 1$ Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. !~ ate Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 245260-017 pe_roL tao_t COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, ~ Court of Common Pleas - Plaintiff(s), CIVIL ACTION ~ _ _ i. ~lµ' _ ~. Case Number: 12-4267 t __., 4 _, Stephen Powers, M.D. et al, I~I :: ;, ___ _ . _ _ ~- , Defendant(s). 1"r '. { Leigh A.J. Ellis, Esquire, attorney for the Defendant(s), intends to serve a subpoena identical to the one that is attached to this notice. To: Custodian Of Records, All Better Care, 6481 Carlisle Pike, Mechanicsburg, PA 17050 Custodian Of Records, Bowmansdale Family Practice, l Kacey Ct., Ste. 101, Mechanicsburg, PA 17055 Custodian Of Records, Carlisle Digestive Disease Associates, L.T.D., 241 Alexander Spring Rd., Carlisle, PA 17015 Custodian Of Records, Cumberland Valley Endocrinology Center, 49 Brookwood Ave., Carlisle, PA 17013 Custodian Of Records, Currie & Hecht, 25 Eastgate Dr., Carlisle, PA 17015 Custodian Of Records, Dailey, Harvey Eye Associates, 1857 Center St., Camp Hill, PA 17011 Custodian Of Records, Gadani Associates, 30 E. Shady Ln., Ste. C, Enola, PA 17025 Custodian Of Records, George P. Ong, M.D., 850 Walnut Bottom Rd., Ste. 301, Carlisle, PA 17013 Custodian Of Records, Kiran Sharma, M.D., 122 S. Filbert St., Mechanicsburg, PA 17055 Custodian Of Records, Partners in Women's Healthcare, PC, 1 Lemoyne Sq., Ste. 201, Lemoyne, PA 17043 Custodian Of Records, Penn State Hershey Medical Group Camp Hill, 3025 Market St., Camp Hill, PA 17011 Custodian Of Records, Pinnacle Health END Associates/Parul J. Kakaria, M.D., 2025 Technology Pkwy., Ste. 212, Mechanicsburg, PA 17055 Custodian Of Records, Pinnacle Health Wound Care Center, 2025 Technology Pkwy., Ste. G07, Mechanicsburg, PA 17050 Custodian Of Records, Pinnacle Medical Surgical Associates, 810 Sir Thomas Ct., Ste. 101, Harrisburg, PA 17109 Custodian Of Records, Premier Opthalmology, 92 Tuscarora St., Ste. 2, Harrisburg, PA 17104 Custodian Of Records, Scott Mueller, M.D., 2025 Technology Pkwy., Mechanicsburg, PA 17055 Custodian Of Records, Urology of Central PA, 100 Corporate Center Dr., Ste. 100, Camp Hill, PA 17011 (Continued on next pale) W.O. # 245260 12-4267 ~~;_,45 Z Page 1 of 3 You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe served. Date: 10/12/2012 /S/ Le'~h A.J. Ellis __ -- - - Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr. Powers W.O. # 245260 12-4267 Page 2 of 3 pu_noi_145 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Intent to Sewe Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was mailed to: Charles W. Marsar, Jr., Esquire X First Class Mail R. J. Marzella & Associates, P.C. Fax 3513 N. Front St. Certified Mail Harrisburg, PA 17110 Overnight Express Attorney for Plaintiff(s) Personal Service Andrew H. Foulkrod, Esquire X First Class Mail Foulkrod Ellis Fax 4000 Market Street Certified Mail Camp Hill, PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Stephen J. Milito, M.D. Thomas M Chairs, Esquire X First Class Mail Dickie, McCamey & Chilcote, P.C. Fax Plaza 21, Suite 302, 425 North 21st Street Certified Mail Camp Hill, PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Holy Spirit Ventures Thomas Paschos, Esquire X First Class Mail Thomas Paschos & Associates Fax One Penn Center, Suite 935, 1617 John F. Kennedy Blvd. Certified Mail Philadelphia, PA 19103 Overnight Express Attorney for Defendant(s) Personal Service Capital Area RT Associates, et al. Date: 10/ 12/2012 /S/ Leigh A.J. Ellis -- Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO Attorney for Defendant(s), Dr. Powers 53229 W.O. # 245260 12-4267 Page 3 of 3 pa noi_145 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), vs. Stephen Powers, M.D. et al, Defendant(s). CIVIL ACTION Case No.: 12-4267 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Leigh A.J. Ellis, Esquire, attorney for the Defendant(s), certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and; (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 11 / 1 /2012 /S/ Leigh A.J. Ellis Leigh A.J. Ellis, Esquire (SBN: 53229) Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendant(s) Dr. Powers W.O. # 245260 Page 1 of 1 pa_cpiss COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Conunon Pleas CIVIL ACTION Case Number: 12-4267 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Gadani Associates, 30 E. Shady Ln., Ste. C, Enola, PA 17025 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 ` AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Medical Records; Sec "Attachrrtent A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with file certificate of canpliance, to 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: Leigh A.J. Etlis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Arror» ev fa• Defendant(s), Dr. Powers t t t ~ l! 1 r~~ ~~~~ ~j~ t'•~ ~'{ Q~r~~2~,~ BY THE COURT: Date: } ~ G`~Vi ~ ~'~, rfid~:~ o7Q~oZ. - ~,~t~~ ~ ,Su1.~~ , ~ c; ~'' 4.,%'<.`~ ~ ~~ r ;Y:r~ „~ •' 1 , Prothonotary/Clerk, Civil Divisio _ S l'. of file Court~~~. ~,~ ~' ~- ~;'-'•=.' (~ ~ (X ~~ C ' r .- ~ ~fi I l . ~~~~Jlif!1l~t~~,r W.O. N 245260.001 e._~w_isa_i 72-4267 Page I ul'2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, docgor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, progr-osis, condition, and admit and dischazge records. All emails betw$en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*, W.O. # 245260-OOI 12-4267 ~ ~,_,qr_, Page 2 of 2 _ _ _ _ __ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiffs}, v. Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Stephen Powers, M.D. et aI, Defendant(s}. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DiSC~VERY PURSUANT TO RULE 4Q09.22 TO: Custodian Of Records, Carlisle Digestive Disease Associates, L.T.D., 2Q I Alexander Spring Rd., Carlisle, PA 17015 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; Sec "Attachment A." at Second Image Natfonal, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoenna, together with the certificate of compliance, to 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 it~q 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hili, PA 1701 I Phone: (7I7) 909-7006 Fax: (717)909-6955 SUPREME COURT iD NO.: 53229 Attnrne}for Defendant(s), 7:y.}l.f,~~ Dr, Powers ,~~ `'~C~ ~ ' .t : ` t, .t~ Date: ~ `': ~' °''~ /• ~GZp,ja2r~ :. Seal of the Coun ^, r~~'I`L•'•:~-~~-~ ~~ ~~ BY THE COURT: ~.~t trt ~ 8 cue (( Prothonotary/Clerk, Civil Division W.O. ft 245260-002 12-4267 a ,d,_,.,_, Pugc t of 2 Attachment A Re: Name: Jodie Lynnc Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doctpr's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRl reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and admit and discharge records. A11 emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*. W.O. 2452G0-002 12-4267 Pagc 2 of 2 H_wM_ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, ~ Court of Common Pleas Plaintiff(s), CIVIL ACTION v. ~ Case Number: 12-4267 Stephen Powers, M.D. ct al, Defendant{s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Cume & Hecht, 25 Eastgate Dr., Carlisle, PA 17015 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: lodie Laughlin Within twenty (20) days after service of this subpoena, you arc ordcrod by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 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 address listed above. You have the right to seek in advance the seasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents oi• 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 FOLLOWENG PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Strcct Camp Hill, PA 1701 I Phone: (717) 909-7006 Fax: {717) 909-6955 SUPREME COURT TD NO.: 53229 Atla•nev /or~Defenduir!(s). Dr. Powers ~ ~ (~T' }f~.1' 1'~';~ Seal gf'thc'%Cgtirt~'1a:iu~ ',~ ,t .. ~;f. ~'~~~-rr'i'i '~~`' BY THE COURT: Prothonotary/Clerk, Civil Div~sio ~~ ~Wl~ ~~ C~~ W.O. f124S2GU-UU3 12-4267 Pngc ! uf2 w_wi iM_i Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documcnts that may be stored digitally and/or electronically: documents, medical reports, doctpr's entries, nurse's notes, progress reports, cardiology reports, radiology rcports, x-ray reports, MRl rcports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betw¢en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*: W.O.RN 245260-003 12-4267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokas, Plaintiff(s), v. Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Stephen Powers, M.D, et al, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVF,~t,~ PURSUANT TO RULE 4089.22 TO: Custodian Of Records, Partners in Women's Healthcare, PC, 1 Lemoyne Sq., Ste. 201, Lemoyne, PA 17043 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the (following documents or things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 288, Richmond, VA 23220, Fax: (800) 6l 1-455 You may deliver or mail legible copita of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the tcasonable 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 aRer itq 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: Leigh A.1. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 1 Phone: (717) 909-7006 Fax: (7l 7}909.6955 SUPREME COURT (D NO.: 53229 Atto-'ne)~ far Defendant(s), Dr. Powers iSeal:of the Caitrt.=~r .. BY THE COURT: ~a~td ~. 8~~~1 Prothonotary/Clerk, Civil Division ~~~ ~~~~~ Attachment A Rc: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA.: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doctpr's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, tab reports, pathology reports, monitor strips, physical therapy records, case histor~+, emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betw$en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*. W.O. ~ 245260- 12-4267 Page 2 of 2 f 1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Stephen Powers, M.D. et al, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY' PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Penn State Hershey Medical Group Camp Hill, 3025 Market St., Camp Hill, PA 1701 I Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin . Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Mctiical Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-455 You may delivcT or mail legible copies of the documents or produce things requested by this subpce~ta, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the ~casonable 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 itsl 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 1 Phone: (717)909-7006 Fax:(7t7)909-6955 SUPREME COURT TD NO.: 53229 Attorney for Defe,rdunt(s). , Dr. Powers r t ~~'~~.; 'v ~;t"N ~~~. :trr ~ ~ . Date' ~ ., r~ ~M~C~ ~_.•~ si rJ~~C~V/ Seal of t.he,~ouri~-~.J?7r'. !~'~-. . ,,. ;.. ~,~ :Q~RI~~~~*~~. f~'~~/lttll,tt~~~~~ BY THE COURT: ~7~1 d J ,~~e !l Prothonotary/Clerk, Civil Division~~~~'~ ~~LLI~LCt C~ ~~~ ~~ W.O. fl 245260-00~ ~ 12-4267 P .._~••_~ ~ Page I of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doctor s entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betw~en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages* To include any and all records from Holly J. Thomas, M.D. W.O.~q 245260-005 12-4267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION Case Number: I2-4267 Stephen Powers, M.D. ct al, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY' PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Dailey, Harvey Eye Associates, 1857 Center St., Camp Hill, PA 1701 I Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoe~~a, you arc ordered by the court to produce the (''ollowing documents or things: Medical Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You may deliver or mail legible copies of the documxnts or produce things requested by this suhpoe~ta, together with the certificate of canpliance, to 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 sock a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 I Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attornc~~ for Defendant(,}, Dr. Powers `~'• s {r{ /'~' ~. Date: U.t~'.~ ~ ',{ ~ ~g~1~~'~~ G Seal of the CoJrt~ ~,,~f i~ ; `'• -r's~~ ;, ~~' BY THE COURT: ~ ~, ~-~'~ Prothon(ot~ary/Clerk, Civil Divisi/o/n~ ..`7~~,~` -Gtr ° I (~C. ~~ W.O. H 245260-006 I2-42b7 Page I of 2 _ _ _ - _~_ _ - -- Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doe is entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MR! reports, CT re orts, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty en physicians and the patient regarding physical complaints, symptoms, and treatment, including "secure messages•1 W,O,q# 245260-006 12-4267 Pagt 2 oft - _ __ r COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND' Jodie Kokos, v. Stephcti Powers, M.D. et al, Plaintiff(s), Defendant(s). Court of Common Pieas CIVIL ACTION Case Number: ! 2-4267 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY!,, PUR UANT TO RULE 4009.22 TO. Custodian Of Records, George P. Ong, M.D., 850 Walnut Bottom Rd., Ste. 301, Carlisle, PA 170113 Re: Judie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20} days after service of this subpoena, you are ordered by the court to produce the !following documents or things: Medical Records; Sec "Attachment A." at Second Itttage National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: {800) 611-A~55 You may deliver or mail legible copies of the documents or produce things requested by this subpoe~ta, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the tleasonable cost of preparing the copies or producing the things sought. if you fail to product the documents or things required by this subpoena within twenty (20) days aRer itsservice, the party serving this subpoena tray seek a court order cotnpclling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Nill, PA 17011 Phone: (717} 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Auornev for Defendunt(sJ, .. Dr. Powers '~~~ u<(,t t: ' ~~ . .. rte' . •.`'~ x.;, {'`~. Date: z Seal of the,Court'~ j~a~ ~ "r~ ~~ '/I ~.~,,:_ ~~I~-1'i.(it1St BY THE COURT: Prothonotary/Clerk, Civil Division ~~- ~ W O.N 245260.007 12-4267 Page I of 2 Attachment A !, Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laaghlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doc~or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray ceports, Mltl reports, CT r orts, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betw~en physicians and the patient regarding physical complaints, symptoms, and treatment, including •secure messages'',. W O.~ 245260-007 12-4267 Page 2 of 2 _~ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLANp Jodie Kokos, Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). ~ Court of Corrunon Pleas CIVIL ACTION Case Number: 12-4267 SUBPOENA TO PR D E ME R T NGS FOR [SCOVER PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Bowmansdale Family Practice, 1 Kacey Ct., Ste. 101, Mechanicsburg, PA' 170SS Re: Jodie Lynne Kokos DOB: 0?/02/1967 SSN: XXX-XX-30S9 AKA: Jodie Laughlin Within twenty {20) days after service of this subpoena, you are ordered by the court to produce thelfollowing documents or things: Medical Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 61 I-4555 You ,tray deliver or mail legibfc copies of the documents or produce things requtsted by this subp a, together with the certificate of compliance, to the address listed above. You have the right to neck in advance thc~easonable 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 Leigh A.1. Ellis, Esquire Foulkrod Ellis 4000 Market Street Carnp Hill, PA 1701 I Phone: (717)909-7000 Fax: (717)909-6955 SUPREME COURT ID NO.: 53224 Attornet~ fa• DefL'1?CIGgt(,S}, Dr. Powers ...~` Seal'of the CourE'P'`~~' r~.' ~ ~ ;. ~7,~1TLh~Q..~~ V.O. q 245260-OOR .~ t,.i i ; ~ ~ ~ ~r iui BY THE COURT: ~a,~rd. t.D, .~u,e~r~ ~_ Prothonotary/Clerk, Civil Division Attachment A Re: Name: 3odie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally andlor electronically: docwnents, medical reports, doctor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails be en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages'. W.O. q 245260-008 t2-4267 Page 2 of 2 ~. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERI'I PURSUANT TO RULE 4009.22 TO. Custodian Of Records, Kiran Sharma, M.D., 122 S. Filbert St., Mechanicsburg, PA 17055 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Wi[hin twenty (20) days after service of this subpoena, you are ordered by the court to produce thq' following documents or things: Medico! Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 2322U, Fax: (800) 611-555 You may deliver or mail legible copies of the documents or produce things requested by this subp na, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the~reasonable cost of preparing [he copies or producing the things sought. If yot- 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: Leigh A.J. Ellis, Esquire Faulkrod Ellis 4000 Market Street Camp Hill, PA 1701 1 Phanc: (717} 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Altornev for Defendant (s), Dr. Powers e I ,~ - ..;, ~~"~ 4:a Jy{ 'fit' BY THE COURT: ~i~ ~Dcwr d ~ ,B~~' ». Prothonotary/Clerk, Civil Division Scalpfih~,. ,,~1,..N.~M.~ ~ I ~'~./ „ .. '~ Cr'•~~f~ ~,+~~~ ~ Qom, r/~~u~~L~1~V ~~~~ ,~~'11llittt~5~, W.O. H 245260-009 i 2-4267 Page I of 2 pa.Wi_IA4-t T-- _ _ - Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that maybe stored digitally and/or electronically: documents, medical reports, doe or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails bet en physicians and the patient regarding physical complaints, symptoms, and treatment, including'secure messages . W.O. M 245260-009 12-4267 Page 2 of 2 N ,.R_ I RR_ I COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND' Jodie Kokos, Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FO[t DISCOVER PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Pinnacle Health END Associates/Parul J. Kakaria, M.D., 2025 Technology Pkwy., Ste. 212, Mechanicsburg, PA 17055 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the# following documents or things: ' Medical Records; Sec "Attachment A." ' at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 6i 1-555 You tnay deliver or mail legible copies of the documents or produce things requested by this subp na, together with the certificate of compliance, to the address listed above. You have the right to seek in advance th~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 i~s service, the party serving this subpoena may seek a court order compelling you to comply with it, THi5 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market S[reet Camp Hill, PA 17011 Phone: {717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Atto-•neti~ for Dejendunt(s),.. , Dr. Powers !~•1t ~'~ • ' _; ,~. ,, ~ ;~1 C .w; • ~,•~•~~'+,,~ BY THE COURT: ~ ,Q~ ,, // Date: ~:' "..,r ~' ~5,;~~:d~o~ ~A.-yj ~ tJ. r~"`~`( i j ::Val tiA ,•,:~ ' ~r !"•, •1~ ", Prothonotary/Clerk, Civil Division Seal of the C urt t!.'!'~"~~~~~'i ~~ "~~'~;F ~CU/-~' ~- ~f!!f1• {i~~•~~• W.O. N 245260-010 12.4267 Page I o 2 v..r tui Attachment A Re: Name: Jodie Lynne Kokos DOB: 07102/1967 SSN; XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medica! reports, doe or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails bet en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages . W.O. k 245260-010 12-4267 ~ Page 2 of 2 w a_~ u, i COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Stephen Powcrs, M.D. et al, Defendant{s). Court of Common Pleas CIVIL ACTION Case Number: 12-42b7 SUBPOENA T PRO UCE DOCUMENTS OR THINGS FOR DISCOVERYI P RSUANT U 9.22 TO: Custodian Of Records, Pinnacle Medical Surgical Associates, 810 Sir Thomas Ct., Ste. 101, Harrisburg, PA 17 i 09 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: !odic Laughlin Within twenty {20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; Sec "Attachment A." at Second image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-~f555 Yyu may deliver or mail legible copies of the documents or produce things requested by this subp na, togcthL-r with the certificate of wmpliance, to the address listed above. You have the right to seek in advance th~reasonablc 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 iks service, the party serving this subpoena may seek a court order compelling you to comply with it. THTS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4400 Market Street Camp Hill, PA 1701 l Phone: (717) 909-7006 Fax: (717) 909-0,955 SUPREME COURT.ID;NO.: 53229 Attorne^~ jor,Dejendant(s),~ Dr. Powcrs ~' `~. ~ ~ ~ •::,(- "~,~ , ~~"s~', ,~~`G1 nt `~ .rJ'~. ~.` ~~ BY THE COURT: A Date .1 wJ S ~.?!.T'"7 Y!c s» w~~:J•r? O~(~ ~a.V) (~t VJ/ ~[ a f;'':%?+~ '.~'~ -1 ~r~! ~: a'~~•, Prothonotary/Clerk, Civil Division Seal of the,Court~,'~.,.Fyy.; • ~^~;•;` 1 (;7`~4L•tti ~~- "~ / W.O. q 245260-t)t i 12-4267 Page I of 2 w „r,iu_~ Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA.: Jodie Laughlin Complete medical records from first date of treatmcnt to the present, including but no records/documents that may be stored digitally and/or electronically: documents, med nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, M myelogram reports, lab reports, pathology reports, monitor strips, physical therapy re emergency records, diagnosis, prognosis, condition, and admit and discharge records. and the patient regarding physical complaints, symptoms, and treatment, including *s To include any and all records from Lucinda D. Sobkowski, CRNP. t limited to any ical reports, doc or's entries, RI reports, CT r ports, cords, case histo , All emails betty en physicians ecure messages... W.O. H 245260-01 I 12-4267 Pabe 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. ~ Case Number: 12-4267 Stephen Powers, M.D. et al, Defendant(s). SUBPOENA T PRODUCE DOCUMENTS OR THINGS FOR DISCOVERYI PURSUANT TO RULE 4009.22 TO. Custodian Of Records, Cumberland Valley Endocrinology Center, 49 Brookwood Ave., Carlisle, ~A 17013 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce thel following documents or things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You tray deliver or mai! legible copies of the documents or produce things requested by this subpo~na, together with the certificate of compliance, to 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 it<S 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 I Phone: (717) 909-7006 Fax: (717} 909-6955 SUPREME COURT ID~NO.: 53229 Atlor~rep for Defendaiit(s)~~. i.! ~f _,. Dr. Powers ~(~.''< ~-~.:'~'~. •'"•''••.:;y,,d ~';' '7' S t' .y"~~..j. h Date: :~`, ,. : •'` y, ~~ ~-•~~o~: Seal of the Court/~~.•Y..m/ ~ ~' •'' ; ~ ' BY THE COURT: I p~y}G{ ~ ~4i? ~~ Prothonotary/Clerk, Civil Division r _ Cam- . ~a~.. ~ ~ W.O. # 245260-012 12-4267 Pege 1 of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present, including but not limited to any ', records/documents that may be stored digitally and/or electronically: documents, medical reports, doct is entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT re orts, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty n physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages'1 W.O. t! 245260.012 12-4267 Pabe 2 of 2 ~ .,h_I AA_I COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Stephen Powers, M.D. et a1, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40Q9.22 TO: Custodian Of Records, All Better Care, 6481 Carlisle Pike, Mechanicsburg, PA 17050 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: lodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce thefollowing documents or things: Medical Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subp a, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the easonable 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 I Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID;NO.: 53229 Atlorne-~ for Dejendanl(s) ,.~~~'-;i,~, . , Dr. Powers .~~~ ~ = '~~~ , i~:: ~ s ,':.~ .:~ ,. t.~ ,. :~. r~f . ' ~ „` 'til, ~: ~} '; Date: ~~,G~tl~(o C./t ~~ „o2U/{°Z~, Seal of the'.CourF., ~ (y. LL • ->~ .. - BY THE COURT: ProthonotaLry~/Clerk, Civi! Division ~' W.O. k 2452b0-013 12-4267 Pnge I of 2 Att:~lchment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1957 SSN: XXX-XX-3059 AKA: Jodie Laughlin - I Complete medical records from frrst date of treatment to the present, including but not limited to any, records/documents that may be stared digitally and/or electronicalty: documents, medical reports, doc or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRl reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty en physicians and the patient regarding physica! complaints, symptoms, and treatment, including *secure messages . To include any and all records from Marlys J. Pike, M.D. W.O. # 245260-013 12-4267 Page 2 of 2 M +4 _I VI.1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Court of Common Pleas CIVIL ACTION Case Number: 12-4267 Stephen Powers, M.D. et al, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Premier Opthalmology, 92 Tuscarora St., Ste. 2, Harrisburg, PA 17104 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Image National, I8U5 Monument Ave., Ste. 2U8, Richmond, VA 23220, Fax: (SUU) 611-~SSS You may deliver or mail legible copies of the documents or produce things requested by this subp~na, together with the certificate of compliance, to the address listed above. You have the right to seek in advance th 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 ifs service, the party serving this subpoena may seek a court order compelling you to comply with it. THlS SUBPOENA }YAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hilt, PA 1701 1 Phone: (717} 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Uefendunt(s), . Dr. Powers ~ ~; : ` •,~ '~. . ~..~t`~a'.~::j ``t. Date: :: (~-)G~dIDL'~;-~'J'~~r,'~_ ~:z Seal of tle~Court'~~ `ter''" r`~- ~'~ `~~ . y, i1,~• BY THE COURT: ~d J7 ~~ Prothonotary/Clerk, Civil Division W.O. ~ 245260-014 12-4267 Page i of 2 p._.q_IR0._I __ _ _ __ __ _ ~T Attachment A Re: Name: Jodie Lynae Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin i Complete medical records from first date of treatment to the present, including but not limited to any ', records/documents that may be stored digitally and/or electronically: docutnents, medical reports, doe or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRl reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*,. W.O. ~ 245260-014 12-4267 ~,_„~_, Pagc 2 of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-34S9 AKA: Jodie Laughlin Complete medical records from first datc of treatment to the present, including but not limited to any ', records/documents that may be stored digitally and/or electronically: documents, medical reports, doc r s entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r rts, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages* To include any and all records from Frederick V. Lorenzo, M.D W .O. N 245260-0 f 5 1 2-4267 ~ Page 2 of 2 ~ ~ ~~e_i ___ __ _ T COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), ~ CTVIL ACTION v. Case Number: 12-4267 Stephen Powers, M.D. ct al, Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 40Q9Z2 TO: Custodian Of Records, Pinnacle Health Wound Care Center, 2025 Technology Pkwy., Ste. G07, Mechanicsburg, PA 17050 Re: Jodie Lynne Kokos DOB: 0710 2/1 96 7 SSN: XXX-XX-3059 AKA: Jod+c Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce thq' following documents or things: Medical Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-555 You may deliver or mail legible copies of the documents or produce things requested by this subp na, together with the certificate of compliance, to the addre~s listed above. You have the right to seek in advance the~rrasonable 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 ids service, the party serving this subpoena may seek a court order compelling you to comply with it. THTS SUBPOENA W AS TSSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 1701 l Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT 1D NO.: 53229 Attornep for Defe~idai t(s)ti ;, ,t,.~ ~~' Dr. Powers `: ~S ~ .:.:,, ,:y: ''. ,. Date: ~ ~~ ~_~. (j~e~'~-%~r°~'~ »~~ Seal of the•Co n~'A1`~~,~t~ ,!~,ti~' ~tt1l1(lltt~~~ BY THEyy~~COURT: ~, // _ ~Uavl~ W ~e`~I , Prothonotary/Clerk, Civii Division W.O. q 245360.015 12-4267 ~ Page I of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), v. Stephen Powers, M.D. et al, Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Scott Mueller, M.D., 2025 Technology Pkwy., Mechanicsburg, PA 17055' Rc: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin .Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Sernnd Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 2322U, Fax: (800) 611-555 You may deliver or mail legible copies of the documents or produce things requested by this subp na, together with the certificate of cor~liance, to the address listed above. You have the right to Beck 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 it~ service, the party serving this subpoena may sock a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 AltorrteyJor,UeJeridgn/(s);~vf',; '~°, Dr. Powers4 ~ ."~ -~"~~~;.; ,' }t,j ~, Date =: ~'` ~ _ .. . i:r. r~ t ~ ~ r Seal •of.ihe,Codr:f-i ., ~-. • •' ~,",~ :'' . '-rte' ~:.:~; : ~_ ? . '~:.,.. ~~ ~~:.. ~C)-stir BY THE COURT':> Prothonotary/Clerk, Civil Division i;X em`'`'u` ~..C~_~,~~~ W.O. ~ 245260-016 12-4267 Page I of 2 M ~ iu_i Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA; Jodie Laughlin I Complete medical records from first date of treatment to the present, including but not limited to any ''i records/documents that may be stored digitally and/or electronically: documents, medical reports, doc or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r torts, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails betty en physicians and the patient regarding physical complaints, symptoms, and treatment, including *secure messages*. W.O. Js 245260-016 12-4267 Page 2 of 2 ~_~~_~ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIV[L ACTION v. Stephen Powers, M.D. et al, Defendant(s). Case Number: 12-4267 SUBPOENA TO PRODUCE DOCUMENTS OR TH~IGS FOR DISCOVER~fi PURSUANT TO RULE 40{19.22 TO: Custodian Of Records, Urology of Central PA, 100 Corporate Center Dr., Ste. 100, Camp Hill, P~1 17011 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) bl 1-1555 You may deliver or mail legible copies of the documents or produce things requested by this sub a, together with the certificate of compliance, to the address listed above. You have the right to sock in advance th reasonable cost of,prepai•ing 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 iks 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA (7011 Phonc:(717)909-7006 Fax: (717)909-6955 SUPREME COURT iD NO.: 53229 Attorirey fnr Defenda~rt(s), Dr. Powcrs ~, rr%~ ~~ /. 171 rh ,•~ .~~ . . ~t~--T- v k;~ BY THE COURT: ~d ~D. ~~~.1/ Prothonotary/Clerk, Civil Division '- Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 5SN: XXX-XX-3059 AKA: Jodie Laughlin i Complete medical records from first date of treatment to the present, including but not Vimited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doe or's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT r ports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case histo , emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails bet en physicians and the patient regarding physical complaints, symptoms, and treahnent, including *secure messages . W.O. N 245260-017 12-4267 Rage 2 of 2 MED-OFFICE aF Th PROTHONOTARY 2013 R.J. MARZELLA&ASSOCIATES, P.C. CUMBERLANO COUNTY BY:Charles W. Marsar,Jr., Esq. PENNSYLVANIA PA SUPREME COURT I.D.NO.86702 3513 North Front Street Attorney for Harrisburg, PA 17110 Jodie and William Kokos Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO.12-42_-67 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTH MANN, PH.D.; HOLY SPIRITVENTURES, INC.; HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED MOTION TO WITHDRAW AND NOW COMES, Plaintiffs,Jodie Kokos and William Kokos, by and through their attorneys, R.J. Marzella and Associates, P.C., hereby petition for leave of Court to allow R.J. Marzella&Associates, P.C.to withdraw as counsel for the Plaintiff in the above captioned action and in support thereof aver as follows: 1. On or about July 09, 2012, Plaintiff's counsel initiated this instant medical malpractice action against the above-captioned Defendants by filing a Praecipe for Writ of Summons. 2. On or about July 09, 2012, Plaintiff's counsel filed a Motion for Pre- Complaint Discovery. 3. On or about July 27, 2012,the Honorable Judge M.L. Ebert in consideration of the Plaintiff's Motion for Pre-Complaint Discovery, ordered the Defendant to file an answer to the motion and scheduled an argument in the matter. 4. Following that order, Counsel for all parties have worked cooperatively to obtain the information requested by the Plaintiff. 5. On or about August 2, 2012, the Honorable Judge M.L. Ebert issued an order staying the filing of the Plaintiff's Complaint pending the Court's ruling on the Motion for Pre-Complaint Discovery. 6. Since that time, discovery has been ongoing. 7. Because of reasons that have been fully disclosed to the Plaintiff,the undersigned counsel is no longer able to pursue this lawsuit on behalf of Jodie and William Kokos. 8. Plaintiff's counsel has fully disclosed to Plaintiffs the reasons that they can no longer represent Plaintiffs in the matter above. g. Plaintiffs have been advised to seek substitute counsel and are believed to be in the process of doing so. lo. Plaintiffs' attorneys now file this Petition to Withdraw as Counsel for this action. ». Defense counsel was contacted and is in concurrence with the motion. 12. Counsel for Plaintiff requests ninety(go) days from the date of this Honorable Court's Order, granting leave to withdraw, to obtain alternative counsel of record on behalf of Plaintiff. In the interim, we would request that no action be taken by Defense Counsel to prejudice Plaintiff's rights. 13. The parties have agreed that, if at the conclusion of the ninety-day period, alternative counsel has not entered their appearance on behalf of the Plaintiffs, Defense Counsel can file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. WHEREFORE, Plaintiffs request this Honorable Court enter the Proposed Order. R. J arzella & A ociates, P.C. Charles W. M r r., Esquire Dated: q19 ey e ti n No. 66856 l3 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common V Pleas iEB rn Plaintiff(s), CIVIL ACTION zr- — V Case Number: 12-4267 Stephen Powers,M.D.,et al., �G ca yrT4 �R C3 Defendant(s). Return of Service On the day of ZLIVI 1, Y,@ fe' served N4 the foregoing subpoena by (describe the method of service): ❑ Personally delivering a copy to: Certified mail to: Person served (name): todian of Records Address where served: Quality Care Pharmacy 1 Sprint Dr. Carlisle,PA 17015 I verify that the statements in this return of service are true and correct.l understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ate Signature Name of Witness Name of Person Served 15:2 0-0 Wv. evww W.O.#254099-M4 a ro._,.o_, Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas w Plaintiff(s), CIVIL ACTION .. V. Case Number: 124267 ci► p CD Stephen Powers,M.D.,et al., y-,n � c� Z w ; Defendant(s). '`Z p 0. Return of Service On the _�day of ,Yr. I, / served with the foregoing subpoena by (describe the method of service): Vrsonally delivering a copy to: rtified mail to: Person served (name): stodian of Records Address where served: Wal-Mart Stores,Inc.* 702 S.W. 8th St. Bentonville,AR 72712 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. d Date ignature Name of Witness Name of`Person Served I (Rev.7M)(Reverse) W.O.#254099-005 � uo 1 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas , s Plaintiff s � CIVIL ACTION -q3 t } MW �-n V. Case Number: 12-4267 rn C) ¢o Stephen Powers,M.D.,et al,, =CD Defendant(s). rr, Lnn Return of Service On the ek day of / �,Yr. I, & A_:!Awx�o ,served 4-th the foregoing subpoena by (describe the method of service): F-1 Personally delivering a copy to: F2/Certified mail to: Person served (name): odian of Records Address where served: M CVS Pharmacy* I CVS Dr. Woonsocket,RI 02895 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date Signature Name of Witness Name of Person Served 10-244 W.T avast) W.Q.#254499-403 p*_ms_140_1 Commonwealth of Pennsylvania County of Cumberland Court of Common Pleas Jodie Kokos, = � plaintiff(s), CIVIL ACTION zm 0 r- MM Case Number: 12-4267 -- ° ` V. r...z co-i-1 Stephen Powers,M.D.,et al., Defendant(s). cn ' Return of Service On the day of !'I ,Yr. 3613 I, -' sere with the foregoing subpoena by j (describe the method of service): Personally delivering a copy to: Fj]/Certified mail to: Person served (name): Custodian of Records Address where served: F� JrHolly Pharmacy 31 N.Baltimore Ave. Mt Holly Springs,PA 17065 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ate Signature Name of Witness Name of'Person Served 10-2 (Rev.7/99)(Reverse) W.O.#254099-001 va_o._t�o t C-i -n COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERL � Jodie Kokos, Court of Common Pleas Z� C Nr �•- �O Plaintiffs) CIVIL ACTION .< -n v V. Case Number: 12-4267 10 O{01 G Stephen Powers,M.D.,et al., -e. Defendant(s) NOTICE OF INIf TO=a At Si]�POENA TO_PR=1C9 DOCUMENT`S AND THINGS FOR DISCOVERY PURSUANT TO MULE 409,21 Leigh A.J. Ellis,Esquire, attorney for the Defendant(s), intends to serve a subpoena identical to the one that is attached to this notice. To: Custodian Of Records,Cumberland Valley Endocrinology Center,49 Brookwood Ave.,Carlisle,PA 17013 Custodian Of Records,CVS Pharmacy*,1 CVS Dr.,Woonsocket,RI 02895 Custodian Of Records,Holly Pharmacy,31 N.Baltimore Ave.,Mt Holly Springs,PA 17065 Custodian Of Records,Quality Care Pharmacy,I Sprint Dr.,Carlisle,PA 17015 Custodian Of Records,Wal-Mart Stores,Inc.**,702 S.W.8th St.,Bentonville,AR 72712 You have twenty (20)days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe served. Date: 2/19/2013 /S/Leigh A.J.Ellis Leigh A.J.Ellis,Esquire Foul"Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr.Powers W.O.#254099 12-4267 Page 1 of 2 �m 1432 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Charles W.Marsar,Jr.,Esquire X First Class Mail R.J.Manilla&Associates,P.C. Fax 3513 N.Front St. Certified Mail Harrisburg,PA 17110 Overnight Express Attorney for Plaintiff(s) Personal Service Andrew H.Foulkrod,Esquire X First Class Mail Foulkrod Ellis Fax 4000 Market Street Certified Mail Camp Hill,PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Stephen J.Milito,M.D. Thomas M.Chairs,Esquire X First Class Mail Dickie,McCamey&Chilcote,P.C. Fax Plaza 21,Suite 302,425 North 21 st Street Certified Mail Camp Hill,PA 17011 Overnight Express AttornevforDefendant(s) Personal Service Holy Spirit Ventures Thomas Paschos,Esquire X First Class Mail Thomas Paschos&Associates Fax One Penn Center,Ste. 935, 1617 John F. Kennedy Blvd. Certified Mail Philadelphia,PA 19103 Overnight Express Attorney for Defendant(s) Personal Service Capital Area RT Associates,et al. Date: 2/19/2013 /S/Leigh A.J.Ellis Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr.Powers W.O.#254099 12-4267 Page 2 of 2 ,._ ..s_: COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), vs CIVIL ACTION Stephen Powers,M.D.,et al., Case No.: 12-4267 Defendant(s). CERTIFICATE PREREQUISITE TO U&IM OF A SU$PO TA PURSUANT TO RULE 400.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Leigh A.J. Ellis,Esquire,attorney for the Defendant(s), certifies that: (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each parry at least twenty days prior to the date on which the subpoena is sought to be served; (2)a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3)no objection to the subpoena has been received,and; (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 4/8/2013 /S/Leigh A J.Ellis Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr.Powers W.O.#254099 Page 1 of 1 N wtn COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), - CIVIL ACTION V. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). Slmr=A TO PRODUCE DUCU.�MIzL1TT �QRIJNM FOR DISCON1 RY PURSUANT TO RULE 4 .22 TO: Custodian Of Records,Holly Pharmacy,31 N.Baltimore Ave.,Mt Holly Springs,PA 17065 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA:Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Pharmacy Records;See"Attachment A." at Second Inge National,1805 Monpment Ave.,Ste.208,Rkchnwnd,VA 23220, Fax: (8M)611-4555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)90969351-�1!+r�tl. SU PR EME,COUltT�1D;N0:: 53229 Attorne�Jor�`�Deft��iddrnr(s), Dr. Powtrs� BY THE COURT: _� 1 •°s :tip�( �t�'" s ,,r7 Ilk� Prothonotary/Clerk, Civil vision Seal of the Court W.O. 254099-001 12-4267 Page I of 2 Attachment A Re:Name:Jodie Lynne Kokos DOB: 07/02/1%7 SSN: XXX-XX-3059 AKA:Jodie Laagblin Complete pharmacy records from the first date to the present,including but not limited to any rccords/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms,and any other pharmacy,and medical records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. W.O.#2 1 12-4257 Page 2 0 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). SSA TO PRODUCE U N]l 99=GS FOR&W& RY PURSUAWT TO RULE 449.22 TO: Custodian Of Records,CVS Pharmacy, 1 CVS Dr.,Woonsocket, RI 02895 Re: Jodie Lynne Kokos DOB:07/02/1967 SSN: XXX-XX-3059 AKA:Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Silting Records; Pharmacy Records; See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste. 208,Richmond,VA 23220,Fax: (80)6114555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone:(717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), 1 `1 11 r ttt 1 t , Dr. Powers �� •, `Ri=;• '; BY THE COURT: =�, .�• G�,�.4l,J,1.v' , . Date: '•�:11;�,� s � _ Prahonotary/Cleik Civil Division . Seal of the Court _tiff n,S�••`''�11+���' ;,�'- - W.O.I 2S40WO03 12-4267 Page I of 2 w.J to Attachment A Re:Name:Jodie Lynne Kokos DOB:9710211967 SSN:XXX-XX-3059 AKA:Jodie Laughlin Complete pharmacy records from the first date to the present,including but not limited to any records/documents that may be stared digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs,original doctors'prescription forms,and any other pharmacy,and nvxb l records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. To include any and all records from CVS Pharmacy;765 S.West St.,Carlisle,PA 17013;744 Wertzvitle Rd., Enola,PA 17025;and 30 E. Simpson St.,Mechanicsburg,PA 17055. W.0'.,#.234099403 17-4-267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). UBPMNA TO PRA 1]O["UM&M QA T NGS FOR IWOM PURSUANT TO RULE 49W2 TO: Custodian Of Records,Quality Care Pharmacy, I Sprint Dr.,Carlisle,PA 17015 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Pharmacy Records;Medical Records;See"Attachment A." at Second image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax:(800)611-4555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.:53229 Attorney for Dr. Powers sJY;;.i• Mt BY THE COURT: Date: r ,.� r ,•. = Prothonot ICi pdc Civil Division Seal of the Court G� *? "-!?•' 4 `` 4%C. /rllrl•lt� W.O.M 254099-004 12-4267 Page! of 2 o.rY lwl I Attachment A Re:Name:Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA:Jodie Laughlin Complete pharmacy records from the first date to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and We of prescription drugs,original doctors'prescription forms,and any other pharmacy,and medical records.All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. W.O. 2 12 4267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124267 Stephen Powers,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMNTS OR=GS PFOR DISCOMY PURSUANT TO RULE 40".x2 TO: Custodian Of Records,Wal-Mart Stores,Inc.,702 S.W. 8th St.,Bentonville,AR 72712 Re: Jodie Lynne Kokos DOB: 07/0211967 SSN:XXX-XX-3059 AKA:Jodie Laughlin Within twenty(20)days after service of this subpoena, you are ordered by the court to produce the following documents or things: Billing Records; Pharmacy Records; Medical Records;See"Attachment A." at Second Image National, 1140 Empire Central Dr, Ste 126,Dttilas,TX 75247, Fax: (713)936-2694 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT Lp�NQ.•t53229��; A11orneyfor Dejin(ta`nt(s), 7; Dr. Powers %'� rr�'1 /S'.'9 BY THE COUR t: '�i .�'J�' Prothonotary/Clerk, Civil Division Seal of the Court W.O.0 234099-005 12-4267 Page 1 of 2 Attachment A Re: Name:Jodie Lynne Kokos DOB: 07/02/1%7 SSN:XXX-XX-3059 AKA:Jodie Laughlin Complete pharmacy records from the first date to the present, including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms,and any other pharmacy,and medical records.All emails between physicians and the patient regarding physical complaints,symptoms, and treatment, including secure messages. To include any and all records from aka Walmart Pharmacy; 60 Noble Blvd.,Carlisle,PA 17013;and 6520 Carlisle Pike,Mechanicsburg,PA 17050. 12-4267 Page 2 oft 1 JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, MD., PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC., STEPHEN MILITO, MD., °- STEPHEN J. MILITO, MD., PC, ; ROBERT W. LUTHMANN, PH.D., t. HOLY SPIRIT VENTURES, INC., HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC., "C Z AND OAKWOOD GANGER CENTER, �;��-; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC. =; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER: CAPITAL AREA R T ASSOCIATES, AND OAKWOOD CANCER CENTER DEFENDANTS NO. 12-4267 CIVIL ORDER OF COURT AND NOW, this 15`h day of April, 2013, upon consideration of the Petitioner's Motion to Withdraw as Counsel for Plaintiffs, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Jodie and William Kokos to show cause why the relief requested should not be granted; 2. Jodie and William Kokos will file an answer on or before May 16, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Jodie and William Kokos file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, )� -� M. Ebert, Jr., WTL. ./Charles W. Marsar, Jr., Esquire /Petitioner ,/'Jodie and William Kokos Plaintiffs 2 Bittersweet Lane Mechanicsburg, PA 17050 .,XAndrew Foulkrod, Esquire Leigh A. J. Ellis, Esquire Cindy Ellis, Esquire 4000 Market Street Camp Hill, PA 17011 Zhomas Paschos, Esquire One Penn Center, Suite 935 1617 John F. Kennedy Blvd, Philadelphia, PA 19103 - Thomas Chairs, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 bas _--�~Yj 1597490.doc `r i LED-05FIC`.. DICKIE,MCCAMEY&CHILCOTE,P.C. + ? L. ' -ATTORNEY FOR HOLY SPIRIT VENTURES,INC.,ET AL. BY:Thomas M.Chairs,Esquire p� ATTORNEY I.D.NO.78565 �� AP P%:22 �� < 28 BY:Aaron S.layman,Esquire ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 CU pENNSYMANIA 7Y 425 North 21st Street Camp Hill,PA 17011 717-731-4800(Tele) 888-811.7144 Fax JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-4267 STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE MEDICAL MALPRACTICE ACTION INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER, Defendants I JURY TRIAL DEMANDED RESPONSE OF HOLY SPIRIT VENTURES INC. TO THE MOTION TO WITHDRAW FILED BY COUNSEL FOR THE PLAINTIFF AND NOW comes -Holy Spirit.Ventures, Inc. by and tiarough its- counsel;-Dickie?, McCamey& Chilcote, P.C. and files the within Response to the Motion to Withdraw Filed by Counsel for the Plaintiff in in support thereof avers as follows: 1.-13. Holy Spirit Ventures, Inc. has no objection to the withdrawal of Charles W. Marsar, Jr., Esquire and the Law Firm of R.J. Marzella & Associates, P.C. as counsel for Plaintiff. Holy Spirit Ventures, Inc..has no objection to the proposed Order submitted by counsel for the Plaintiffs, which if approved would provide for a ninety (90) day stay upon these proceedings and permit Defendants to file for the Entry of Judgment of Non Pros in the event that the Plaintiffs are unable to secure substitute counsel during the pendency of the ninety(90) day stay. Respectfully submitted, DICKIE, MCCAMEY&CHILCOTE, P. . Date: April 19, 2013 By: Thoma4-ld Chairs, Esquire Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Ventures, Inc. 2 CERTIFICATE OF SERVICE AND NOW, April 19, 2013, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Charles W.Marsar,Jr., Esquire R.J. MARZELLA&ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Andrew H. Foulkrod, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., PC) Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D., Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire THOMAS PASCHOS &ASSOCIATES, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire C1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Q Jodie Kokos, Court of Common Pleas rnrrn "—V ' €�t:_ X r— " :;Yj G Plaintiff(s), CIVIL ACTION <.C7 V. Case Number: 12-4267 =CD ) Stephen Powers,M.D., et al., p Defendant (s)] NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Leigh A.J. Ellis,Esquire, attorney for the Defendant(s), intends to serve a subpoena identical to the one that is attached to this notice. To: Custodian Of Records,Dr.Larry K.Passmore/Passmore Family Chiropractic,P.C.,616 W.Main St., Mechanicsburg,PA 17055 You have twenty (20)days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. if no objection is made, the subpoena may be served. Date: 3/29/2013 /S/Leigh A.J.Ellis Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr.Powers W.O.#257311 12-4267 Page 1 of 2 pu_no._145_2 CERTIFICATE OF SERVICE I.HEREBY CERTIFY that a copy of the foregoing Notice of.Intent to Serve Subpoena to Produced Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Charles W.Marsar,Jr.,Esquire X First Class Mail ' ' R.J.Marzella& Associates,P.C. Fax 3513 N. Front St. Certified Mail Harrisburg,PA 17110 Overnight Express ' Attorney for Plaintiff(s) Personal Service Andrew H.Foulkrod,Esquire X First Class Mail Foulkrod Ellis Fax 4000 Market Street Certified Mail Camp Hill,PA 17011 Overnight Express Attorney for Defendants) Personal Service Stephen J.Milito,M.D. Thomas M. Chairs,Esquire X First Class Mail Dickie,McCamey&Chilcote,P.C. Fax Plaza 21, Suite 302,425 North 21st Street Certified Mail Camp Hill,PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Holy Spirit Ventures Thomas Paschos,Esquire X First Class Mail Thomas Paschos&Associates Fax One Penn Center, Ste. 935, 1617 John F.Kennedy Blvd. Certified Mail Philadelphia,PA 19103 Overnight Express Attorney for Defendant(v) Personal Service Capital Area RT Associates,et al. Date: 3/29/2013 /S/Leigh A.J.Ellis Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr. Powers W.O.#257311 12-4267 Page 2 of 2 pu uoi 145_2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), VS. CIVIL ACTION Stephen Powers,M.D., et al., Case No.: 12-4267 Defendant(s). CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Leigh A.J. Ellis,Esquire, attorney for the Defendant(s), certifies that: (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena,is attached to this certificate; (3)no objection to the subpoena has been received, and; (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 4/18/2013 /S/Leigh A.J.Ellis Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Dr.Powers W.O.#257311 Page 1 of 1 pa_cptss COMMONWEALTH OF PENNSYLVANIA, ('OI >I-Y Of!CUMBERLAND Jodi.c K.okos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case l'umber: 12-4267 Stephen.Powers,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURS , NT TO RULE 4009.22 TO::Custodian Of Records,Dr.Larry=K, Passmore/Passm.ore Family Chiropractic,P.C.,616 W.Main St.,Mechanicsburg,PA 17055 Re: Jodie Lynne kokos. DOB: 07/0211967 SSN:.XX -xK-3051 AKA: Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by Cne chart to produee Ehe following domnents or things: Medical.Records;See".Attachment A.." at Second Image Ngtion4L 1805 Monument Ave.,Ste-298,Melimoud,VA 2.3220,Fast: (800)6114555 You may deliver or mail le ible copies of the documents or produce things requested by this subpoe3 ta,together with the cea•tifieate of compliance, to the address listed above. You have the right to seek in,advance the.reasonable cost ofprcparing the cop.ics or producing the things sought. If you fail to produce the documents or things required by this subpotma withi n.twenty(20) clays after its service, the party serving this subpoena may smirk a court order c.onvelliug you to comply Avitb it. TW>S SURPOkNA WAS ISSUED AT THE REQUEST OF THE F01.'1.0WING PERSON: Leigh A.J. Ellis,Esquire: F'oulkrod Ellis 4000 Market Street Caixip Hill,PA 1.7011 None: (7 l 7)909-7006 Fax. (717) 909-6955 SUPREME COUP' 1-D NO.:53229 Attorney fior i�7efe'rtgnr?l�`s), Dr. Powers B1'T1IF Ct3LRr: Date: .......... Prothonotary/Clerk,Civil Diiision Scal of the Ctr i:-t W.O.9 257311-001 124267 Page 1 of 2 Attachment.A .......... ............ Re:Dame:Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3D,1;9 AKA:Jodie Laughlin Complete medical records from first date of treatment to the present,including but not limited to any recordsr'doeu=mts that may be.stored digitally and/or electronically; documents,medical reports,doctor's entries, nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,NW reports,CT reports, myelogram reports,lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records,diagnosis, prognosis,condition,and admit and discharge records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. W.O.#:57311-001 12-4267 page 2 U-2 p_,v3t_7 Ni L Commonwealth of Pennsylvania County of Cumberland -Cl) � Jodie Kokos, Court of Common Pleas D Plaintiff(s), CIVIL ACTION N70 N U , V. Case Number: 12-4267 :r---n' Stephen Powers,M.D., et al., G ., euo 2-t. Defendant(s). Return of ervice �//�� On the T`t,.`. day of , Yr. , I, Ywo& /' , served with the foregoing subpoena by (describe the method of service): 1 Personally delivering a copy to: I ` Je- ertified mail to: Person served (name): stodian of Records Address where served: F-1 Dr. Larry K. Passmore/Passmore Family Chiropractic,P.C. 616 W. Main St. Mechanicsburg,PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. G � � ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#257311-001 pa_m_140_1 FOULKROD ELLIS '[7t- PRO I L C e-A-4- ONO J�j 3 Andrew H. Foulkrod, Esquire 201 PIA Y Is PM Attorney I.D.#77394 2: 54 Jennifer M. Heilman, Esquire Ctj'k18ERL AND COUN Attorney I.D.#82305 PEVjSyLVAA; T Y 4000 Market Street ney for Defendants, Camp Hill, PA 17011 Stephen Milito, M.D. and Phone:(717) 909-7006 Stephen J. Milito, M.D., P.C. Fax: (717)909-6955 JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 12-4267 CIVIL TERM STEPHEN POWERS,M.D.;PENNSYLVANIA PROFESSIONAL MEDICAL NEUROSURGERY AND NEUROSCIENCE NEGLIGENCE INSTITUTE, INC.; STEPHEN MILITO,M.D., STEPHEN J.MILITO,M.D.,P.C.; ROBERT W. LUTHMANN, PH.D.;HOLY SPIRIT VENTURES, INC.;HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER;IIQLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES;HOLY SPIRIT VENTURES, INC., t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;and OAKWOOD CANCER CENTER, Defendants JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jennifer M. Heilman, Esquire on behalf of Defendants,Stephen Milito, M.D.and Stephen J. Milito, M.D., P.C., in the above-captioned action. Respectfully submitted, FOULKROD ELLIS Professional Corporation Date:_ /,g f Z a?a By: Zelr� g. AndrAw H. Foulkrod, Esquire Court I.D. No. 77394 andrew0foulkrod.com Jennifer M. Heilman, Esquire Court I.D. No. 82305 jenniferC@foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY t at true and correct copies of the foregoing were served upon all counsel of record this 1 day of , 2013, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania,p stage prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella&Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintiff Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel,for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey& Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: V V Crysta L. Nemetz, Secretary FOULKROD ELLIS P- d&0-441- Andrew H. Foulkrod, Esquire Attorney I.D.#77394 Jennifer M. Heilman, Esquire Court I.D. No.82305 4000 Market Street Attorney for Defendants, Camp Hill, PA 17011 Stephen Milito, M.D. and Phone: (717)909-7006 Fax: (717)909-6955 Stephen Milito, M.D., P.C. JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, M.D.; NO. 12-4267 PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D., STEPHEN J. MILITO, M.D., P.C.; ROBERT W. JURY TRIAL DEMANDED LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,t/d/b/a OAKWOOD ' CANCER CENTER; CAPITAL AREA R T - w -s r ASSOCIATES; and OAKWOOD CANCER : r-n 5� � Fi CENTER, r -,, a Defendants `� ' ::z, MOTION REQUESTING RULE BE MADE ABSOLUTE Y; °� AND NOW, come Defendants, Stephen Milito, M.D. and Stephen Milito, M.D, PT. ---.z", (hereinafter referred to as "Moving Defendants"), by and through their counsel, Foulkrod Ellis, P.C., and file this Motion Requesting Rule Be Made Absolute as follows: 1. On or about April 8, 2013, Plaintiff's Counsel Charles W. Marsar, Jr. of R.J. Marzella&Associates, P.C. mailed for filing a Motion to Withdraw. Attorney Marsar's Motion to Withdraw is attached hereto and incorporated herein as Exhibit"A". 2. By Order of Court dated April 15, 2013, this Honorable Court issued a Rule upon Jodie and William Kokos (hereinafter"Plaintiffs") to show cause why the relief requested should not be granted. The Order of Court dated April 15, 2013 is attached hereto and incorporated herein as Exhibit`B". 3. The Order of Court further provides that if no answer to the Rule to Show Cause is filed by May 16, 2013, the relief requested by Attorney Marsar shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. 4. On or about April 19, 2013, Defendant Holy Spirit Ventures, Inc., mailed for filing a Response to the Motion to Withdraw. Response of Holy Spirit Ventures, Inc. to the Motion to Withdraw Filed by Counsel for the Plaintiff is attached hereto and incorporated herein as Exhibit"C". 5. Upon information and belief, as of today's date, no answer to the Rule to Show Cause has been filed by or on behalf of Jodie and William Kokos. 6. Accordingly, Moving Defendants hereby file this Motion Requesting Rule Be Made Absolute, thereby granting the relief requested by Attorney Marsar. WHEREFORE, Counsel for Defendants Stephen Milito, M.D. and Stephen Milito, M.D., P.C. requests this Honorable Court to enter the Proposed Order. Respectfully submitted, FOULKROD ELLIS Pro essional Corporation Date:��a����f By: ",./ � Andrew H. Foulkrod,Esquire Court I.D.No. 77394 andrewgfou.lkrod.com Jennifer M. Heilman,Esquire Court I.D.No. 82305 Jennifer e foulkrod.co.m . 1. r V i R.J. MARZELLA&ASSOCIATES, P.C. BY: Charles W. Marsar,Jr., Esq. PA SUPREME COURT I.D.NO.86702 3513 North Front Street Attorney for Harrisburg, PA 17110 Jodie and William Kokos Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO.1.2-4267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERYAND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED MOTION TO WITHDRAW AND NOW COMES, Plaintiffs, Jodie Kokos and William Kokos, by and through their attorneys, R.J. Marzella and Associates, P.C., hereby petition for leave of Court to allow R.J. Marzella &Associates, P.C. to withdraw as counsel for the Plaintiff in the above captioned action and in support thereof aver as follows: 1. On or about July o9, 2012, Plaintiff's counsel initiated this instant medical malpractice action against the above-captioned Defendants by filing a Praecipe for Writ of Summons. z. On or about July og, 2012, Plaintiff's counsel filed a Motion for Pre- Complaint Discovery. 3. On or about July 27, 2012, the Honorable Judge M.L. Ebert in consideration of the Plaintiff's Motion for Pre-Complaint Discovery, ordered the Defendant to file an answer to the motion and scheduled an argument in the matter. 4. Following that order, Counsel for all parties have worked cooperatively to obtain the information requested by the Plaintiff. 5. On or about August z, zoiz, the Honorable Judge M.L. Ebert issued an order staying the filing of the Plaintiff's Complaint pending the Court's ruling on the Motion for Pre-Complaint Discovery. 6. Since that time, discovery has been ongoing. 7. Because of reasons that have been fully disclosed to the Plaintiff, the undersigned counsel is no longer able to pursue this lawsuit on behalf of Jodie and William Kokos. 8. Plaintiff's counsel has fully disclosed to Plaintiffs the reasons that they can no longer represent Plaintiffs in the matter above. g. Plaintiffs have been advised to seek substitute counsel and are believed to be in the process of doing so. lo. Plaintiffs' attorneys now file this Petition to Withdraw as Counsel for this action. 11, Defense counsel was contacted and is in concurrence with the motion. 12. Counsel for Plaintiff requests ninety (go) days from the date of this Honorable Court's Order, granting leave to withdraw, to obtain alternative counsel of record on behalf of Plaintiff. In the interim, we would request that no action be taken by Defense Counsel to prejudice Plaintiff's rights. 13. The parties have agreed that, if at the conclusion of the ninety-day period, alternative counsel has not entered their appearance on behalf of the Plaintiffs, Defense Counsel can file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. WHEREFORE, Plaintiffs request this Honorable Court enter the Proposed Order. R. J.Marzella & Associates, P.C. Charles W. M gatn'No.Esquire ney e t 66856 Dated: (3 i CERTIFICATE OF SERVICE I, Katie L. Adam , hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 8th day of.April, 2013 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: ANDREW FOULKROD, ESQ. FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN MILITO,M.D.AND STEPHEN J. MILITO, M.D., PC LEIGH A.J. ELLIS, ESQ. CINDY ELLIS, ESQ FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN POWERS,M.D.AND PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC. Thomas Paschos, Esq. Thomas Paschos &Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Defendants Capital Area RT Associates, Oakwood Cancer Center, and Robert Luthmann, Ph.D. Tom Chairs, Esq. Aaron S. Jayman, Esq. Dickie McCamey Plaza 21 425 N 21st St Suite 302 Camp Hill PA 17011-2223 Counsel for Defendants Holy Spirit Ventures, Inc, Holy Spirit Ventures, Inc, T/D/B/A Capital Area RT Associates and Oakwood Cancer Center, Holy Spirit Ventures, Inc., T/D/B/A Capital Area R TAssociates, and Holy Spirit Ventures, Inc, T/D/B/A Oakwood Cancer Center R.J.MARZELLA&ASSOCIATES, P.C. /AT IE L.A � , LAW CLERK TO CHARLES W. MARSAR,JRR, ESQUIRE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO.1Z.74267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;AN D OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED ORDER AND NOW,this day of 2013, upon consideration of the Plaintiffs' Counsel's Petition to Withdraw, it is hereby ORDERED that such Petition is GRANTED. Plaintiff's counsel, R. J. Marzella & Associates, P.C., is hereby withdrawn as Plaintiffs' Counsel. This case is stayed for go days in order for Plaintiff to obtain new counsel. If, at the conclusion of those go days, alternative counsel has not entered their appearance on behalf of the Plaintiffs, the Defendants may file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. BY THE COURT, J. Distribution.Legend Charles W. Marsar, Jr., Esquire Leigh A.J. Ellis, Esq. Cindy Ellis, Esq R.J. Marzella &Associates, P.C. Foulkrod Ellis, P.C. 4000 Market Street 3513 North Front Street Camp Hill, PA 17011 Harrisburg, PA 17110 Thomas Paschos,"Esq. Thomas Paschos &Associates, P.C. One Penn Center, Suite 935 Andrew Foulkrod, Esq. 1617 John F. Kennedy Boulevard Foulkrod Ellis, P.C. Philadelphia, PA 19103 4000 Market Street Camp Hill, PA 17011 Tom Chairs, Esq. Aaron S.Jayman, Esq. Dickie McCamey Plaza 21 425 N 21st St Suite 302 Camp Hill PA 17011-2223 � � 4 JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, MD., PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC., T STEPHEN MILITO, MD., -{ STEPHEN J. MILITO, MD., PC, r;i � '- ROBERT W. LUTHMANN, PH.D., � HOLY SPIRIT VENTURES, INC., HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC., ° AND OAKWOOD CANCER CENTER, mac, r HOLY SPIRIT VENTURES, INC., 7,- °n ! '' T/D/B/A CAPITAL AREA R T ASSOC. - -- HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER: CAPITAL AREA R T ASSOCIATES, AND OAKWOOD CANCER CENTER DEFENDANTS NO. 12-4267 CIVIL ORDER OF COURT AND NOW, this 151h day of April, 2013, upon consideration of the Petitioner's Motion to Withdraw as Counsel for Plaintiffs, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Jodie and William Kokos to show cause why the relief requested should not be granted; 2. Jodie and William Kokos will file an answer on or before May 16, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Jodie and William Kokos file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Charles W. Marsar, Jr., Esquire Petitioner Jodie and William Kokos Plaintiffs 2 Bittersweet Lane Mechanicsburg, PA 17050 Andrew Foulkrod, Esquire Leigh A. J. Ellis, Esquire Cindy Ellis, Esquire 4000 Market Street Camp Hill, PA 17011 Thomas Paschos, Esquire One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Thomas Chairs, Esquire Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 bas 1597490.doc DICKIE,MCCAMEY&CHILCOTE,P.C. ATTORNEY FOR HOLY SPIRIT VENTURES,INC.,ET AL. BY:Thomas M.Chairs,Esquire ATTORNEY I.D.NO.78565 BY:Aaron S.layman,Esquire ATTORNEY I.D.NO.8S651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800(Tele) 888-811-7144 Fax JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-4267 STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE MEDICAL MALPRACTICE ACTION INSTITUTE, INC.; STEPHEN MILITO,M.D.; STEPHEN J. MILITO, M.D., P.C.; ROBERT W. LUTHMANN,PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., t/d/b/a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES,INC., t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;AND OAKWOOD CANCER CENTER, Defendants JURY TRIAL DEMANDED RESPONSE OF HOLY SPIRIT VENTURES, INC.TO THE MOTION TO WITHDRAW FILED BY COUNSEL FOR THE PLAINTIFF AND NOW, comes Holy Spirit Ventures, Inc. by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within Response to the Motion to Withdraw Filed by Counsel for the Plaintiff in in support thereof avers as follows: 1.43. Holy Spirit Ventures, Inc. has no objection to the withdrawal of Charles W. Marsar, Jr., Esquire and the Law Firm of R.J. Marzella & Associates, P.C. as counsel for Plaintiff. Holy Spirit Ventures, Inc. has no objection to the proposed Order submitted by counsel for the Plaintiffs, which if approved would provide for a ninety (90) day stay upon these proceedings and permit Defendants to file for the Entry of Judgment of Non Pros in the event that the Plaintiffs are unable to secure substitute counsel during the pendency of the ninety (90) day stay. Respectfully submitted, DICKIE, MCCAMEY& CHILCOTE, P. . Date: April 19, 2013 By: Thoma Chairs, Esquire Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Ventures, Inc. 2 CERTIFICATE OF SERVICE AND NOW, April 19, 2013, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Charles W. Marsar,Jr., Esquire R.J. MARZELLA&ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) Andrew H. Foulkrod, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., PC) Leigh A. J. Ellis, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D., Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire THOMAS PASCHOS &ASSOCIATES, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 0(-f f Ll", day of , 2013, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella& Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintiff) Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 1.7011 (Counsel for Holy Spirit Ventures, Inc.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: J./v Crystal L. Nemetz, Secre FOULKROD ELLIS P iee-# Leigh A.J. Ellis, Esquire Attorney I.D. No.53229 Cindy N. Ellis, Esquire Attorney I.D. No.83823 4000 Market Street Attorney for Defendants, Camp Hill, PA 17011 Stephen Powers, M.D. and Pennsylvania Phone: (717)909-7006 Fax: 717 909-6955 9 er Neurosur and Neuroscience Institute, Inc. Neurosurgery JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, M.D.; NO. 12-4267 , Cl PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE " INC.; STEPHEN MILITO, M.D., `„ F7 STEPHEN J. MILITO, M.D., P.C.; JURY TRIAL DEMANDED-,cn ROBERT W. LUTHMANN, PH.D.; c . ? HOLY SPIRIT VENTURES INC.; HOLY SPIRIT VENTURES, INC.,t/d/b/a v s7 CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants MOTION REQUESTING RULE BE MADE ABSOLUTE AND NOW, come Defendants, Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc., (hereinafter referred to as "Moving Defendants"), by and through their counsel, Foulkrod Ellis, P.C., and file this Motion Requesting Rule Be Made Absolute as follows: 1. On or about April 8, 2013, Plaintiff's Counsel Charles W. Marsar, Jr. of R.J. Marzella&Associates, P.C. mailed for filing a Motion to Withdraw. Attorney Marsar's Motion to Withdraw is attached hereto and incorporated herein as Exhibit"A". 2. By Order of Court dated April 15, 2013, this Honorable Court issued a Rule upon Jodie and William Kokos (hereinafter"Plaintiffs") to show cause why the relief requested should not be granted. The Order of Court dated April 15, 2013 is attached hereto and incorporated herein as Exhibit `B". 3. The Order of Court further provides that if no answer to the Rule to Show Cause is filed by May 16, 2013, the relief requested by Attorney Marsar shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. 4. Upon information and belief, as of today's date, no answer to the Rule to Show Cause has been filed by or on.behalf of Jodie and William Kokos. 5. Accordingly, Moving Defendants hereby file this Motion Requesting Rule Be Made Absolute, thereby granting the relief requested by Attorney Marsar. WHEREFORE, Counsel for Defendants Stephen.Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc., request this Honorable Court to enter the Proposed Order. Respectfully submitted, FOOLKROD ELLIS Professional Corporation Date: 1-q I By: Leigh .J. Ellis, Esquire Attorney I.D. No. 53229 lei ghgfoulkrod.com Cindy N. Ellis, Esquire Attorney I.D. No. 83823 cindynfoulkrod.com 2 r ��� I i 1 1 4 R. J. MARZELLA& ASSOCIATES, P.C. BY: Charles W. Marsar,Jr., Esq. PA SUPREME COURT I.D.NO.86702 3513 North Front Street Attorney for Harrisburg, PA 17110 Jodie and William Kokos Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO.12-4267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRITVENTURES, INC.; HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R TASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES;AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED MOTION TO WITHDRAW AND NOW COMES, Plaintiffs, Jodie Kokos and William Kokos, by and through their attorneys, R.J. Marzella and Associates, P.C., hereby petition for leave of Court to allow R.J. Marzella &Associates, P.C. to withdraw as counsel for the Plaintiff in the above captioned action and in support thereof aver as follows: 1. On or about July 09, 2092, Plaintiff's counsel initiated this instant medical malpractice action against the above-captioned Defendants by filing a Praecipe for Writ of Summons. 2. On or about July 09, 2092, Plaintiff's counsel filed a Motion for Pre- Complaint Discovery. 3. On or about July 27, 2092, the Honorable Judge M.L. Ebert in consideration of the Plaintiff's Motion for Pre-Complaint Discovery, ordered the Defendant to file an answer to the motion and scheduled an argument in the matter. 4. Following that order, Counsel for all parties have worked cooperatively to obtain the information requested by the Plaintiff. 5. On or about August 2, 2092, the Honorable Judge M.L. Ebert issued an order staying the filing of the Plaintiff's Complaint pending the Court's ruling on the Motion for Pre-Complaint Discovery. 6. Since that time, discovery has been ongoing. 7. Because of reasons that have been fully disclosed to the Plaintiff, the undersigned counsel is no longer able to pursue this lawsuit on behalf of Jodie and William Kokos. 8. Plaintiff's counsel has fully disclosed to Plaintiffs the reasons that they can no longer represent Plaintiffs in the matter above. 9. Plaintiffs have been advised to seek substitute counsel and are believed to be in the process of doing so. lo. Plaintiffs' attorneys now file this Petition to Withdraw as Counsel for this action. 11. Defense counsel was contacted and is in concurrence with the motion. 12. Counsel for Plaintiff requests ninety(9o) days from the date of this Honorable Court's Order, granting leave.to withdraw, to obtain alternative counsel of record on behalf of Plaintiff. In the interim, we would request that no action be taken by Defense Counsel to prejudice Plaintiff's rights. 13. The parties.have agreed that, if at the conclusion of the ninety-day period, alternative counsel has not entered their appearance on behalf of the Plaintiffs, Defense Counsel can file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. WHEREFORE, Plaintiffs request this Honorable Court enter the Proposed Order. R. J.Marzella & Associates, P.C. Charles W. M r r., Esquire ney a ti at' n No. 66856 Dated: 13 CERTIFICATE OF SERVICE I, Katie L. Adam , hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 8th day of.April, 2013 by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: ANDREW FOULKROD, ESQ. FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP H ILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN MILITO,M.D.AND STEPHEN).MILITO, M.D., PC LEIGH A.J. ELLIS, ESQ. CINDY ELLIS, ESQ FOULKROD ELLIS, P.C. 4000 MARKET STREET CAMP HILL, PA 17011 COUNSEL FOR DEFENDANTS STEPHEN POWERS,M.D.AND PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC. Thomas Paschos, Esq. Thomas Paschos &Associates, P.C. One Penn Center, Suite 935 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Counsel for Defendants Capital Area RT Associates, Oakwood Cancer Center, and Robert Luthmonn, Ph.D. Tom Chairs, Esq. Aaron S. Jayman, Esq. Dickie McCamey Plaza 21 �i 425 N 21St St Suite 302 Camp Hill PA 17011-2223 Counsel for Defendants Holy Spirit Ventures, Inc, Holy Spirit Ventures, Inc, T/D/B/A Capital Area RT Associates and Oakwood Cancer Center, Holy Spirit Ventures, Inc., T/D/B/A Capital Area R T Associates, and Holy Spirit Ventures, Inc, T/D/B/A Oakwood Cancer Center R.J.MARZELLA&ASSOCIATES, P.C. ----�" 7x<ATIE L.A A , LAW CLERK TO CHARLES W. MARSAR,)R, ESQUIRE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JODIE AND WILLIAM KOKOS, DOCKET NO.12-4267 PLAINTIFFS, PROFESSIONAL MEDICAL NEGLIGENCE V. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERYAND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D., PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRITVENTURES, INC.; HOLY SPIRIT VENTURES, INC.,T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER HOLY SPIRITVENTURES, INC.,T/D/B/A . CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC.,T/D/B/A OAKWOOD CANCER CENTER; CAPITALAREA R TASSOCIATES;AND OAKWOOD CANCER CENTER DEFENDANTS JURY TRIAL DEMANDED ORDER AND NOW, this day of 2013, upon consideration of the Plaintiffs' Counsel's Petition to Withdraw, it is hereby ORDERED that such Petition is GRANTED. Plaintiff's counsel, R. J. Marzella & Associates, P.C., is hereby withdrawn as Plaintiffs' Counsel. This case is stayed for go days in order for Plaintiff to obtain new counsel. If, at the conclusion of those go days, alternative counsel has not entered their appearance on behalf of the Plaintiffs, the Defendants may file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. BY THE COURT, J. Distribution.Legend Charles W. Marsar, Jr., Esquire Leigh A.J. Ellis, Esq. Cindy Ellis, Esq R.J. Marzella &Associates, P.C. Foulkrod Ellis, P.C. 4000 Market Street 3513 North Front Street Camp Hill, PA 17011 Harrisburg, PA 17110 Thomas Paschos,.Esq. Thomas Paschos &Associates, P.C. One Penn Center, Suite 935 Andrew Foulkrod, Esq. 1617 John F. Kennedy Boulevard Foulkrod Ellis, P.C. Philadelphia, PA 19103 4000 Market Street Camp Hill, PA 17011 Tom Chairs, Esq. Aaron S.Jayman, Esq. Dickie McCamey Plaza 21 425 N 21st St Suite 302 Camp Hill PA 17011-2223 JODIE AND WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, MD., PENNSYLVANIA NEUROSURGERY & NEUROSCIENCE INSTITUTE, INC., STEPHEN MILITO, MD., STEPHEN J. MILITO, MD., PC, r.Tj ROBERT W. LUTHMANN, PH.D., HOLY SPIRIT VENTURES, INC., � �:; HOLY SPIRIT VENTURES, INC., -< T/D/B/A CAPITAL AREA R T ASSOC., AND OAKWOOD CANCER CENTER, HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOC. = -- -_: HOLY SPIRIT VENTURES, INC., - . T/D/B/A OAKWOOD CANCER CENTER: CAPITAL AREA R T ASSOCIATES, AND OAKWOOD CANCER CENTER DEFENDANTS NO. 12-4267 CIVIL ORDER OF COURT AND NOW, this 15'h day of April, 2013, upon consideration of the Petitioner's Motion to Withdraw as Counsel for Plaintiffs, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Jodie and William Kokos to show cause why the relief requested should not be granted; 2. Jodie and William Kokos will file an answer on or before May 16, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Jodie and William Kokos file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., v YJ Charles W. Marsar, Jr., Esquire Petitioner Jodie and William Kokos Plaintiffs 2 Bittersweet Lane Mechanicsburg, PA 17050 Andrew Foulkrod, Esquire Leigh A. J. Ellis, Esquire Cindy Ellis, Esquire 4000 Market Street Camp Hill, PA 17011 Thomas Paschos, Esquire One Penn Center, Suite 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Thomas Chairs, Esquire Plaza 21, Suite 302 425 North 21 s`Street Camp Hill, PA 17011 bas CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of 2013,by depositing said copy in the United States Mail at Camp Hill, Pennsylvania,postage prepaid,first class delivery, and addressed as follows: Charles W. Marsar, Jr.., Esquire R.J. Marzclla&Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Defendant, Stephen Milito, M.D.) Thomas Paschos, Esquire Thomas Paschos & Associates,P.C. One Penn Center, Suite 9')5 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (Counsel for Defendants, Capital ,krea RT Associates, Oakwood Cancer Center and Robert W. Luthmaim,Ph.D.) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) FOULKROD ELLIS PROFESSIONAL CORPORATION By:_ Cry.stalft. Nemetz, Secreta�r ,y FOULKROD ELLIS p- e Andrew H. Foulkrod, Esquire Attorney I.D.#77394 Jennifer M. Heilman, Esquire Court I.D. No. 82305 4000 Market Street Attorney for Defendants, Camp Hill, PA 17011 Stephen Milito, M.D. and Phone: (717)909-7006 Stephen J. Milito, M.D., P.C. Fax: 717)909-6955 JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN POWERS, M.D.; NO. 12-4267 PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO,M.D., STEPHEN J. MILITO, M.D., P.C.; ROBERT W. JURY TRIAL DEMANDED LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA Ri T ASSOCIATES AND OAKWOOD r7, s— CANCER CENTER; HOLY SPIRIT'_ VENTURES, INC., t/d/b/a CAPITAL AREA R rte-- `�E T ASSOCIATES; HOLY SPIRITr VENTURES, INC.,t/d/b/a OAKWOOD CANCER CENTER; CAPITAL AREA R T 'zz-" ,+ ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants ORDER AND NOW, this 30 day of + , 4y , 2013, upon consideration of Defendants Stephen Milito, M.D. and Stephen Milito, M.D., P.C.'s Motion Requesting Rule Be Made Absolute, it is hereby ORDERED that such Motion is GRANTED. Plaintiff's counsel R.J. Marzella&Associates, P.C., is hereby withdrawn as Plaintiff's Counsel. This case is stayed for 90 days in order for Plaintiff to obtain new counsel. If, at the conclusion of those 90 days, alternative counsel has not entered their appearance on behalf of the Plaintiffs, the Defendants may file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. BY THE COURT J. Distribution List: Charles W. Marsar, Jr., Esquire R. J. Marzella& Associates, P.C. 3 513 North Front Street Harrisburg, PA 17110 (Counsel to Plaintif)) eigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) .1"omas Paschos, Esquire Thomas Paschos &Associates, P.C. One Penn Center, Ste 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) ,,�hhomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza/'-'I, Suite 302 425 North 21St Street Camp Hill, PA 17011 (Counsel,for Holy Spirit Ventures, Inc.) �rrsdrew H. Foulkrod, Esquire Jennifer M. Heilman, Esquire Foulkrod Ellis 4000 Market Street Camp .Hill, PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J Milito, M.D., P.C.) eo ►'£s 1'r1� L, S�3o�i3 FOULKIROD ELLIS p- -e e-A-4a- Leigh A.J. Ellis, Esquire Attorney I.D.No.53229 Cindy N. Ellis, Esquire Attorney I.D.No.83823 4000 Market Street Attorney for Defendants, Camp Hill, PA 17011 Stephen Powers, M.D. and Pennsylvania Phone: (717)909-7006 Neurosurgery and Neuroscience Institute, Inc. Fax: (717)909-6955 JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 12-4267 STEPHEN POWERS,M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE,INC.; STEPHEN MILITO,M.D., STEPHEN J. JURY TRIAL DEMANDED C= MILITO,M.D., P.C.;ROBERT W. a r-ntv C-- zr- LUTHMANN,PH.D.;HOLY SPIRITm . VENTURES, INC.;HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R co T ASSOCIATES AND OAKWOOD MIX CANCER CENTER; HOLY SPIRIT VENTURES, INC.,t/d/b/a CAPITAL AREA R 5 T ASSOCIATES;HOLY SPIRIT VENTURES, INC.,t/d/b/a OAKWOOD tn CANCER CENTER;CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants ORDER AND NOW,this 3r day of 7y Q qX 2013,upon consideration of Defendants Stephen Powers,M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.'s Motion Requesting Rule Be Made Absolute, it is hereby ORDERED that such Motion is GRANTED. Plaintiff s counsel R.J. Marzella.&Associates,P.C., is hereby withdrawn as Plaintiff s Counsel. This case is stayed for 90 days in order for Plaintiff to obtain new counsel. If, at the conclusion of those 90 days, alternative counsel has not entered their appearance on behalf of the Plaintiffs,the Defendants may file for an Entry of Judgment Non Pros without further notice to the Plaintiffs. BY THE COURT J. Dis�h'ibution List: Charles W. Marsar,Jr.,Esquire R.J.Marzella&Associates,P.C. 3513 North Front Street Harrisburg,PA 17110 (Counsel to Plaint �omas Paschos,Esquire Thomas Paschos&Associates,P.C. One Penn Center, Ste 935 1617 John F.Kennedy Blvd. Philadelphia,PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs,Esquire Aaron S.Jayman,Esquire Dickie,McCamey&Chilcote,P.C. Plaza 21, Suite 302 425 North 21s` Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) Andrew H. Foulkrod,Esquire Jennifer M.Heilman,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C.) Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc) (2 rhn'LL Co�3l/3 Thomas W. Hall, Esquire ' L_ ` �T H r'+ ATLEE HALL, LLP "�`n 8 N. Queen Street P.O. Box 449 Clul"I;ERt_AND COUNTY Lancaster, PA 17608 P E PIN�Y L VA N I A (717) 393-9596 Attorney I.D. No.: 33092 Attorney for Plaintiffs JODIE and WILLIAM KOKOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CIVIL ACTION - LAW - MEDICAL PROFESSIONAL LIABILITY ACTION STEPHEN POWERS, M.D., et. al. No. 12-4267 Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiffs, Jodie and William Kokos, in the above-referenced matter. All papers may served at the address set forth below. Respectfully submitted: Dated: 8I o� 3 ATLEE HAL , By: _ zw Thomas W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.: 33092 \\ahbprolaw\prolaw\documents\kokos,jodie\13-192\158586.doc ORIGIN-AL CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste. 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C.) Dated: Soo-113 ATLEE HALL, LLP By: Thomas W. Hall, Esquire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.: 33092 Commonwealth of Pennsylvania 1:::;..'44t•:. r County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION F .. _, v. Case Number: 12-426 _,--,c., . c., ..5 �`,w+ Stephen Powers,M.D., et al., �--� � `�c- Defendant(s). ; Return of Se ice On the / I/ 'it day of 1/,/meY7". ,Yr.7 , I, ,V1 $' -'7 2J',,e ,served with the foregoing subpoena by (describe the method of service): nP rsonally delivering a copy to: p� Certified mail to: Person served (name): C todian of Records Address where served: n Dr. Larry K. Passmore/Passmore Family Chiropractic,P.C. 616 W.Main St. Mechanicsburg,PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. IF //10A3 / Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-008 ae_roa_140_1 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D., et al., Defendant(s). M Return of Se ice fW �� /4 - On the day of lj/°/Vit`'!' ,Yr.„.7z , ,:s ag I, ,served with the foregoing subpoena by ry (describe the method of service): - Personally delivering a copy to: F-0<ertified mail to: Person served (name): W./6-istodian of Records Address where served: n uality Care Pharmacy 1 Sprint Dr. Carlisle,PA 17015 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. // � /f ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-007 pa_ros_14O_t Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION ` � � Case Number: 12-4267 s t-r1 v. j Stephen Powers,M.D.,et al., 71' �- Defendant(s). , Return of S rvice On the / �/ day of / //77Ael//' , i I, i/e7re t1/E- , served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: ❑ al-Mart Stores,Inc.* 702 S.W. 8th St. Bentonville,AR 72712 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. N/l �// �� i Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-006 pa ros_1401 Commonwealth of Pennsylvania County of Cumberland r06.1.`• Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). Return of Service r-, On the day of N7,J/106er , -• YVe ,served with the foregoing subpoena by rrt (describe the method of service): Personally delivering a copy to: H'"---C--ectified mail to: Person served (name): Custodian of Records Address where served: FD---C9---S-Pharmacy* 1 CVS Dr. Woonsocket,RI 02895 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. /t/740 ate )Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-005 pa_ros_140_1 , Commonwealth of Pennsylvania )14/Arr'-ift*.. 1 County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). Return of S rvice --,,_ `_' rn_Eu _,-r. a;. . On the day of QG i// 'z'-7- ,Yr. -�y co c.-+ I, , served with the foregoing subpoena by -� CD_r (describe the method of service): =ED C.)': 7 Personally delivering a copy to: --; Er----Certified mail to: Person served (name): Custodian of Records Address where served: ❑ olly Pharmacy 31 N. Baltimore Ave. Mt Holly Springs,PA 17065 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. s l/ /k/ CL3 dr- ate ignature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-004 pa_ros_140_1 Commonwealth of Pennsylvania � ` County of Cumberland Jodie Kokos, Court of Common Pleas st` „ ' Plaintiff(s), CIVIL ACTION Go-N = v. Case Number: 12-4267 �� •:,,, :_r c2 Stephen Powers,M.D.,et al., c Cr, Defendant(s). Return of S rvice //fit_ the / day of ,x/697477 ,Yr.d ai, I, j k/j-71 1/ita , served with the foregoing subpoena by (describe the method of service): nPersonally delivering a copy to: EIV- Certified mail to: Person served (name): Cus ian of Records Address where served: n Holy Spirit Hospital/Medical Records Department 503 N. 21st St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. �4r //i)443 ate �� ignature / Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-003 pa_2°5_140_1 Commonwealth of Pennsylvania d County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D. et al., `"' Defendant(s). cam`! r.*a -2 Return of S rvice On the day of O//1"f'17CJe/ ,Yr. �//• � , I, J , e 7 ' ft-/. j?D7 e_ , served with the foregoing subpoena by (describe the method of service): ❑ Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: Bowmansdale Family Practice 1 Kacey Court, Ste. 101 Mechanicsburg,PA 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. di/ ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-001 pa ros_140 Commonwealth of Pennsylvania County of Cumberland Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). r Return of S -rvice On the �/y day of 4/1/0,,AW ,Yr.;? 7/3, c.' ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: ertified mail to: Person served (name): Custodian of Records Address where served: n 1�'Carlisle Regional Medical Center 361 Alexander Spring Rd. Carlisle,PA 17015 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. gown. Date Signature /F Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#271835-002 pa_ros_140_1 COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION ` v. Case Number: 12-4267 } Stephen Powers,M.D., et al., cf,_ co Defendant(s). r 7-1-"" .� CD 0) ..-k' NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4004..1 - Leigh A.J. Ellis,Esquire, attorney for the Defendant(s),intends to serve a subpoena identical to the one that is attached to this notice. To: Custodian Of Records,Bowmansdale Family Practice, 1 Kacey Court,Ste. 101,Mechanicsburg,PA 17055 Custodian Of Records,Carlisle Regional Medical Center,361 Alexander Spring Rd.,Carlisle,PA 17015 Custodian Of Records,CVS Pharmacy*, 1 CVS Dr.,Woonsocket,RI 02895 Custodian Of Records,Dr.Larry K.Passmore/Passmore Family Chiropractic,P.C., 616 W.Main St., Mechanicsburg,PA 17055 Custodian Of Records,Holly Pharmacy,31 N.Baltimore Ave.,Mt Holly Springs,PA 17065 Custodian Of Records,Holy Spirit Hospital/Medical Records Department,503 N.21st St.,Camp Hill,PA 17011 Custodian Of Records,Quality Care Pharmacy, 1 Sprint Dr.,Carlisle,PA 17015 Custodian Of Records,Wal-Mart Stores,Inc.*,702 S.W. 8th St.,Bentonville,AR 72712 You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: 10/25/2013 /S/Leigh A.J. Ellis Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney.for Defendant(s), Stephen Powers,M.D. W.O.#271835 12-4267 Page 1 of 2 puyui_145_2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Thomas W. Hall,Esquire X First Class Mail Atlee Hall, LLP Fax 8 N. Queen St. Certified Mail Lancaster,PA 17608 Overnight Express Attorney f br Plaintiff(s) Personal Service Andrew H. Foulkrod,Esquire X First Class Mail Foulkrod Ellis Fax 4000 Market Street Certified Mail Camp Hill,PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Stephen J.Milito,M.D. Thomas M. Chairs,Esquire X First Class Mail Dickie,McCamey&Chilcote,P.C. Fax Plaza 21, Suite 302,425 North 21st Street Certified Mail Camp Hill,PA 17011 Overnight Express Attorney for Defendant(s) Personal Service Holy Spirit Ventures Thomas Paschos,Esquire X First Class Mail Thomas Paschos&Associates Fax One Penn Center, Ste. 935, 1617 John F. Kennedy Blvd. Certified Mail Philadelphia,PA 19103 Overnight Express Attorney for Defendant(s) Personal Service Capital Area RT Associates, et al. Date: 10/25/2013 /S/Leigh A.J. Ellis Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717) 909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Stephen Powers,M.D. W.O.#271835 12-4267 Page 2 of 2 pu_noi 115 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Plaintiff(s), Court of Common Pleas vs. CIVIL ACTION Stephen Powers,M.D., et al., Case No.: 12-4267 Defendant(s). CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Leigh A.J. Ellis,Esquire,attorney for the Defendant(s),certifies that: (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2)a copy of the notice of intent,including the proposed subpoena,is attached to this certificate; (3)no objection to the subpoena has been received, and; (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 11/14/2013 /S/Leigh A.J. Ellis Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Stephen Powers,M.D. W.O.#271835 Page 1 of 1 pe eptas • COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas • Plaintiff(s), CIVIL ACTION Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY, PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Bowmansdale Family Practice, 1 Kacey Court,Ste. 101,Mechanicsburg,PA 17055 • Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin • • • Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: _ • Medical Records; See "Attachment A." at Second Image National,1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,Io 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 • Phone: (717)909-7006 Fax:(717) 909-6955 SUPREME COURT ID NO.: 53229 Anorney foil Defe#ant(s), Stephen.Powers,'N 0,?.';'.- BY THE COURT: • fit,:' r ��, • -; .'~w , :� Prothonotary/Clerk,Civil Division 5eal�of the • • ~• RrL`lx.i ;• • W.O.tT 271 R35-001 12-42(7 Page I of t M_�M_I iY-1 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from 10/12/2012 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:documents,medical reports,doctor's entries,nurse's notes, progress reports, cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports,lab reports,pathology reports,monitor strips,physical therapy records,case history,emergency records, diagnosis,prognosis, condition,and admit and discharge records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment, including secure messages. W.O.#271835-001 12-4267 Page 2 of 2 pu_.df_1 tl8_1 JL PAA COMPLIANT AUTHORIZATION FORM PURSUANT TO 45 CFR 164.508 Name or specific identification of the person(s),or class of persons,authorized to make the requested disclosure: Bowmansdale Family Practice, 1 Kacey Ct..Suite 101.Mechanicsburg<PA 17055 Patient Name: Jodie Lynne Kokos AKA: Jodie Laughlin Date of Birth: 7/2.'1967 Social Security Number: 169-44-3059 Address: 2 Bittersweet La.,Mechanicsburg,PA 17050 I authorize the disclosure of all protected medical information for the purpose of review and evaluation in connection with legal claim. I expressly request that all covered entities under HIPAA identified above disclose full and complete protected medical information spanning the time period of 1990 to._ Present ,including the following: • All medical records,including inpatient,outpatient and emergency room treatment,all clinical charts,reports,documents, correspondence,test results,statements,questionnaires/histories,office and doctor's handwritten notes,and records received by other physicians. . AlI laboratory,histology,cytology,pathology,radiology,CT Scan,MR.1,echocardiogram and cardiac catheterization reports. * All radiology films,mammograms,myelograms,CT scans,photographs,bone scans, pathology:'cytology/histology'immunohistochemistry specimens,cardiac catheterization videos CDstfilms,reels,and echocardiogram videos. • All pharmacy/prescription records including NDC numbers and drug information handouts/monographs. ¢ All billing records including all statements,itemized bills,and insurance records. Information about alcohol/substance abuse and HIV,'AIDS may be disclosed as follows: (check all that apply) [ ]Yes,disclose IiIV/AIDS information. OR 1 [ j No,do NOT disclose HIV/AIDS information [ ,J Yes,disclose alcohol/substance abuse information OR I [ J No,do NOT disclose alcohol/substance abuse information I authorize you to release the protected health information to: Leigh A.J.Ellis,Esquire ,Foullaod Ellis,A.C.,4000 Market Street,Camp Hill,PA 17011 This authorization does not apply to psychotherapy notes,psychiatric or psychological records. I acknowledge the right to revoke this authorization by writing to the HIPAA privacy agents at the above-referenced addresses. However,I understand that any actions already taken in reliance on this authorization cannot be reversed,and my revocation will not affect those actions. I acknowledge that the potential for information disclosed pursuant to this authorization to be subject to redisclosure by the recipient and no longer be protected under 45 CFR 164.508. I understand that the covered entity to whom this authorization is directed may not condition treatment,payment,enrollment or eligibility benefits on whether or not I sign the authorization. Any facsimile,copy or photocopy of the authorization shall authorize you to release the records herein. This authorization expires two years from the date below. Signature: \ Date: t ( i 3 Relationship to a person who is the subject of the records: Self: t' j Other: Describe authority of representative I . COMMONWEALTH OF' PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas • Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). ' • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: Custodian Of Records,Carlisle Regional Medical Center,361 Alexander Spring Rd.,Carlisle,PA 17015 Re: Jodie Lynne Kokos - DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." . at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)611-4555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis ' • 4000 Market Street - Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717) 909-6955 , _ SUPREME COURT ID NO.: 53229 Attorney for Defendant(s) ,'Y r Stephen Powe1VM:D. ;,'"'i'•!;''..:.,:.':k `'' 1 ' ":(,?;,' BY THE CO T: .;.` cd t( J /I2 Date: r 1', �� " " ""' • , 1 l ) AC-7:, Prothonotary/Clerk Civil Division '.t,d', 1:1;1 4.-:;:4 r i4 ,..17 Chi. Seal of�t}ie'Court:.6.1-1,,‘',;,)...T;74,`, ` ," (..........,_,.......&...C/e. , Ira ",0,,,, ,,..:,...,„.-,....„..,„,,,,..c. fi ,; R • ",(,,,,, ,01-1...Ci-;'`r o'i, . t i ;4 W,O.#271835-0((2 12-4267 Page 1 of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from 1/22/2013 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: documents,medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports, myelogram reports,lab reports,pathology reports,monitor strips,physical therapy records,case history,emergency records, diagnosis, prognosis,condition, and admit and discharge records. All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. W.O.#271835-002 12-4267 Page 2 of 2 S • COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION r,. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY I . . PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Holy Spirit Hospital/Medical Records Department,503 N. 21st St., Camp Hill,PA 17011 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Medical Records; See"Attachment A." • at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)611-4555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 . Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s),i r Stephen Powers, M.D.r,�r . /,'., ttJJ���. 'y' `r `h BY THE CO T: pzeofrez •Date: r, 1..O�J�I.' i S°rr.,f.. ••i- ' 't.' '"•' '"' Prothonotary/Clerk,Civil Division Seal of the`Court6 '' . f' , , / •, - 4,,f...?„if:`:..4..‘, 1....1..**,-:; ('•---421:4"el")` C/2.4e1-4-i ".- ?,'1;//, !i i) -• W.O.#271835-(I(r.i 12-4267 Page I of 2 ,.._..h ,.lu-1 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from 1/22/2013 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: documents,medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports,lab reports,pathology reports,monitor strips,physical therapy records,case history,emergency records,diagnosis, prognosis,condition, and admit and discharge records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment, including secure messages. W.O.#271835-003 12-4267 car_,xn_1 Page 2 of 2 • COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND • Jodie Kokos, Court of Common Pleas • Plaintiff(s), CIVIL ACTION V. Case Number: 12-4267 Stephen Powers,M.D.,et al., Defendant(s). • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Holly Pharmacy,31 N.Baltimore Ave.,Mt Holly Springs,PA 17065 Re: Jodie Lynne Kokos D013: 07/02/1967 SSN:XXX-XX-3059 AKA:Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: . Pharmacy Records; See"Attachment A." . at Second Image National,1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)611-4555 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 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: Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hilt, PA 17011 Phone: (717)909-7006 Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorneyjar Defe,idaht(s),, Stephen Powers;MtDP,;1r;,.. ', %,1 �,' BY THE COURT: Date i n r /Y/,' ' ter.. I 1 262Le_____ •'•j r':" Prot of of / le. '1' �.r.',�,;.St,,,t• '• ;'<; ;., h t ary C rk.Civil Division Seal of.the1,COtirt /-/7 Cr, j 7 ' j'*fc,....,,..05,;,:.' q".t,' i d 4 w.o.#271 535-004 12-4267 Page 1 of 2 -w..18...) • Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete pharmacy records from 2/19/2013 to the present, including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms,and any other pharmacy records.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. W.O.#271835-004 12-4267 , Page 2 of 2 $if_, COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, • Court of Common Pleas . - • . Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D.,et al., • • Defendant(s). • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,CVS Pharmacy, 1 CVS Dr..Woonsocket,RI 02895 • Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 • ' AKA:Jodie Laughlin • • Within tWenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Pharmacy Records; Sec "Attachment A." at Second Image.National,1805 Monument Ave.,Ste.208, Richmond,VA 23220,Far: (800)611-4555 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 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: Leigh A.J.Ellis,Esquire Foulkrod Ellis • 4000 Market Street • Camp Hill,PA 17011 Phone: (7/7)909-7006 • . Fax: (717)909-6955 SUPREME COURT ID NO.: 53229 Attorney.for Defimdant(s), Stephen Powers,MD.1 r i r ,{ e•'`' ' cl,'r 1'Q to,�, BY THE COURT: �, . ✓•, r Ir 1 l ` .S. ,.,. rF' r . Date: 'sh',d '' :, V f,! ct.•;. . `.':, .- °• j;'.'r,,?:* Prothonotary/ erk CJivil Division 0.Seal of thee C(iurt-'r4 e )i x {?It ii.'"As-ct- *ic";;) ;'Q'%,.. C"------4-14"€-E"76Z3M4:44?S- ••A 42:+..'.. 7 `� A. ..1').1 '. .''III.lIt111 W.O.xtt�27I 835-005 12-42(,7 Page I of 2 • • • Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete pharmacy records from 2/19/2013 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms,and any other pharmacy records.All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. To include any and all of these records from 765 S.West St.,Carlisle,PA 17013; 744 Wertzville Rd.,Enola,PA 17025; and 30 E. Simpson St.,Mechanicsburg, PA 17055. W.O.#271835-005 12-4267 Page 2 of 2 p:. Liss_l • COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND • • Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4267 Stephen Powers,M.D.,et al., • Defendant(s). • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Wal-Mart Stores,Inc.,702 S.W. 8th St.,Bentonville,AR 72712 • Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA:Jodie Laughlin ' Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: • Pharmacy Records; Scc"Attachment A." at Second Image National, 1140 Empire Central Dr,Ste 126,Dallas,TX 75247,Fax: (713)936-2694 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 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: Leigh A.J.Ellis,Esquire Foulkrod Ellis 4000 Market Street . Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defeikkziit(s);r, Stephen Powers; eD:Oft 7,, ,,;e;'" j° .: BY THE COU`T: Date -- -::jb /3'. .i,. . - -� ,;.C. .'ti:'•f,-4,1'�,.!•' :.f,.t. Prothonotary/Clerk,Civil Division Seal of.dire•Co►irt-,r;,t ,�.',••s °t`-,;7 •� 't <I'".SS Jf�.�ry-({ ,I 4: / ,31 I I i,r z,'3'!'rrt, (7 J(J1111 .1`��>. • W.O.#271835-006 I2-4267 Page 1 oft • Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete pharmacy records from 2/19/2013 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms,and any other pharmacy records.All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. To include any and all of these records from aka Walmart Pharmacy; 6520 Carlisle Pike,Mechanicsburg,PA 17050; and 60 Noble Blvd., Carlisle,PA 17013. W.O.#271835-006 12-4267 Page 2 of 2 pu,dt 188_1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of Common Pleas Plaintiff(s), CIVIL ACTION Case Number: 12-4267 Stephen Powers,M.D.,et al., • Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 • TO: Custodian Of Records,Quality Care Pharmacy, I Sprint Dr.,Carlisle,PA 17015 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA:Jodie Laughlin Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Pharmacy Rccords; Sec "Attachment A." at Second Image National,1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800) 611-4555 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 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: Leigh A.J. Ellis,Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717) 909-6955 SUPREME COURTS ID NO.: 53229 Attorney.forDefenddnts (iii)ig Stephen lower ,.M D.:' , •rAi•4,5�• Ji r.n11 ,)f '"<s `(e- • BY THE CO Date: „tlo: d.9 „)/s.,,'1 .. : :12,0_,CLD .;. ;r*„i ;.., Prothonotary/Clerk,Civil Division Seal of the Gp `".' '. •?#).:•..j;',:.. fj11�1;}i141r.� 'c;� • • W.O,#271R35-007 12-4267 Page 1 of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Complete pharmacy records from 2/19/2013 to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs,original doctors'prescription forms, and any other pharmacy records.All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. W.O.#271835-007 12-4267 Page 2 of 2 • • COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, Court of-Common Pleas • Plaintiff(s), CIVIL ACTION 1'• Case Number: 12-4267 • Stephen Powers, M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 • TO: Custodian Of Records,Dr. Larry K.Passmore/Passmore Family Chiropractic,P.C.;616 W.Main St.,Mechanicsburg,PA 17055 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 • AKA: Jodie Laughlin • Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or.things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800) 611-4555 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 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: • Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill,PA 17011 Phone: (717)909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 .Attorney for Defendant(s), Stephen Powers,M.D. ‘1,‘1 1 1 1 1 t I r;,, i i O,?,, , :; BY THE COURT: r �ih ! e Date: M }T'►•� .,,;:' :' ' : Pro ionolary/Clerk,Civil Division Seal of the Court 1 , -��"1`i = ,► • l'1111 1 1 11 01.' W 271 R35-11013 12-4267 Page 1 of 2 . • Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN:XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: documents,medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records, diagnosis,prognosis,condition, and admit and discharge records.All emails between physicians and the patient regarding physical complaints, symptoms,and treatment,including secure messages. W.O.#271835-008 12-4267 Page 2 of 2 oa_sai_138_1 Jodie Kokos, v. Commonwealth of Pennsylvania County of Cumberland Stephen Powers, M.D., et al., 1, On the Yuelb P7inaft' Plaintiff(s), Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12-4267 eturn of Service day of (describe the method of service): EPersonally delivering a copy to: Certified mail to: Person served (name): Address where served: , Yr. <:- C.) 7-0 1731 vo , served with the foregoing subpoena by Custodian of Records Renu Joshi, M.D. 2005 Technology Pkwy., Ste, 440 Mechanicsburg, PA 17050 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 280806-001 pa jos_140_1 Jodie Kokos, Stephen Powers, M.D., et al., 1, On the 257/720 Commonwealth of Pennsylvania County of Cumberland Plaintiff(s), Defendant(s). Court of of Common Pleas -o cp cn CIVIL ACTION Case Number: 12-4267 Return of Service day of ril , Yr. , served with the foregoing subpoena by (describe the method of service): r-- Personally delivering a copy to: Certified mail to: Person served (name): Address where served: Custodian of Records Carlisle Internal Medicene 11 Sprint Dr., Ste. C Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Name of Witness Name of Person Served 10-200 (Rev. 7/99) (Reverse) W.O. # 280806-002 pa_ros_140_1 Jodie Kokos, v. Commonwealth of Pennsylvania County of Cumberland Stephen Powers, M.D., et al., I, On the an Plaintiff(s), Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12 -4267 Return of Service 0/ day of /2//./ , served with the foregoing subpoena by (describe the method of service): 7 Personally delivering a copy to: Certified mail to: Person served (name): Address where served: , Yr. Custodian of Records Giant Pharmacy 6560 Carlisle Pike Mechanicsburg, PA 17050 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. V3/4 y�� D to Name of Witness Name of Person Served 10 -200 (Rev. 7/99) (Reverse) W.O, # 280806 -003 pa_ros_140_1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, v. Stephen Powers, M.D., et al., Court of Common Pleas CIVIL ACTION Case Number: 12-4267 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 400921 Leigh A.J. Ellis, Esquire, attorney for the Defendant(s), intends to serve a subpoena identical to the one that is attached to this notice. To:, Custodian Of Records, Carlisle Internal Medicene, 11 Sprint Dr., Ste. C, Carlisle, PA 17013 Custodian Of Records, Giant Pharmacy, 6560 Carlisle Pike, Mechanicsburg, PA 17050 Custodian Of Records, Renu Joshi, M.D., 2005 Technology Pkwy., Ste. 440, Mechanicsburg, PA 17050 You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: 3/13/2014 /S/ Leigh A.J. Ellis Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Stephen Powers, M.D. ,; W.O. # 280806 PaiM_145,2 12-4267 Page 1 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Thomas W. Hall, Esquire X First Class Mail Atlee Hall, LLP Fax 8 N. Queen St. Certified Mail Lancaster, PA 17608 Overnight Express Attorney for Plaintiff(s) f"(s) Personal Service Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Attorney for Defendant(s) Stephen J. Milito, M.D. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302, 425 North 21st Street Camp Hill, PA 17011 Attorney for Defendant(s) Holy Spirit Ventures Thomas Paschos, Esquire Thomas Paschos & Associates 303 Chestnut St Philadelphia, PA 19106 Attorney for Defendant(s) Capital Area RT Associates, et al. X First Class Mail Fax Certified Mail Overnight Express Personal Service X First Class Mail Fax Certified Mail Overnight Express Personal Service X First Class Mail Fax Certified Mail Overnight Express Personal Service Date: 3/13/2014 /S/ Leigh A.J. Ellis Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909 -7006 Fax: (717) 909 -6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Stephen Powers, M.D. W;04, if # 280806 pa_ooi_N 12 -4267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, VS. Stephen Powers, M.D., et al., Plaintiff (s), Defendant(s). Court of Common Pleas CIVIL ACTION Case No.: 12-4267 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Leigh A.J. Ellis, Esquire, attorney for the Defendant(s), certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and; (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 4/2/2014 /S/ Leigh A.J. Ellis W.O. # 280806 pa_cptss Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Defendant(s), Stephen Powers, M.D. Page 1 of 1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, v. Stephen Powers, M.D., et al., Plaintiff(s), Defendant(s), Court of Common Pleas CIVIL ACTION Case Number: 12-4267 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Renu Joshi, M.D., 2005 Technology Pkwy., Ste. 440, Mechanicsburg, PA' 17050 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Image National; 1805-Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611-4555 You ma-y.deliver.or mail legible copies of the documents oi produce things requested by this subpoena, together with the certificate of compliance, to the address listed above. You have the right to seek in advance the reasonable cost of preparing t.ti 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street ' Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 SUPREME COURT ID NO.: 53229 Attorney for Dcleifciantfs .r , Stephen l'ow9's‘,.. • 1-1) "%; ro: • 4,, • .% • • C. N.. • Date: ,') • '4: , .'. ....,1 ',.. ',,1 V a : ' , i •—• =-7,1 ..-0 Seal of ibecbutt • ., r 1 ■ 1 ( ...• •') . • ',$ ' 4f ! 11111 , .. C if.'" //;•;14....E....'.4.. 5.,... • ;.■ ,.1 !Ir i: '1; ffVf 8 1.‘..:1•q t,.V.1 .11. C: . .' ' / 1 . . ' t • 1 i 1 i i:0.\,"3 WO.s #1280806-00 I 12-4267 Page 1 of 2 . Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from 07/28/2011 to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports, doctor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. To include any and all of these records from 2025 Technology Pkwy., Ste. 212, Mechanicsburg, PA 17050. W.O. # 280806-001 12-4267 Page 2 of 2 szt In 1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, 17. Stephen Powers, M.D., et al., Plaintiff(s), Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12 -4267 SUBPOENA TO PRODUCE .DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Carlisle Internal Medicene, 11 Sprint Dr., Ste. C, Carlisle, PA 17013 Re: Jodie Lynne Kokos DOB: 07/02/1967, SSN: XXX -XX -3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611 -4555 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 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 subpocna 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909 -7006 Fax: (717) 909 -6955 SUPREME COURT ID.NO.: 53229 Attorney.forDe�ndnntrg Stephen oiers;: • ' .4 • "' "� r ' BY THE COUR Seal of ihetC urt �' + L/J . • Clerk, Civil Division W.O. # 280806 -0(12 12-4267 Page 1 of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete medical records from 07/25/2012 to the present, including but not limited to any records/documents that may be stored digitally andJor electronically: documents, medical reports, doctor's entries, nurse's notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, case history, emergency records, diagnosis, prognosis, condition, and admit and discharge records. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. To include any and all records from Paul Varahrami, M.D.; and 3 Sprint Dr., Carlisle, PA 17013. W.O. # 280806-002 ,dI INN I 12-4267 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Jodie Kokos, v. Stephen Powers, M.D., ct al., Plaintiff(s Defendant(s). Court of Common Pleas CIVIL ACTION Case Number: 12 -4267 SUBPOENA TO PRODUCE - DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Giant Pharmacy, 6560 Carlisle Pike, Mechanicsburg, PA 17050 Re: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX -XX -3059 AKA: Jodie Laughlin Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Pharmacy Records; Sec "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208, Richmond, VA 23220, Fax: (800) 611 -4555 You may deliver or mail legible topics of the documents or produce things requested by this subpoena, together with the certificate of compliance, to 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 alter 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: Leigh A.J. Ellis, Esquire Foulkrod Ellis _4000 Market Street Camp Hill, PA 170-1-1 Phone: (717) 909 -7006 Fax: (717) 909 -6955 SUPREME COURT,ID• 01::•53229 1t s.r,t! Altor•ney.for• Deferulbrttcs)� ,� 4t lrr ;r Stephen Powers:,M: t •, `• //1f '`, � Ora Date: '� %'.._^ `' . 5' 1f • Seal of the Crnir[',; : ;'itl,y1 1/, 4/0 h••. BY THE COURT: Prothonotary/Clerk, Civil Division W.O. 12RUR06 -003 12 -4267 Page I of 2 Attachment A Re: Name: Jodie Lynne Kokos DOB: 07/02/1967 SSN: XXX-XX-3059 AKA: Jodie Laughlin Complete pharmacy records from 08/24/2012 to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: pharmacy records, prescriptions pertaining to the issuance and sale of prescription drugs, original doctors prescription forms, and any other pharmacy records. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. W.O. # 280806-003 DU dl i MI1 12-4267 Page 2 of 2 FOULKROD ELLIS e G Andrew H. Foulkrod, Esquire Attorney I.D. #77394 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909 -7006 Fax: (717) 909 -6955 F' f ,-� , +Lt; ��., ' L-- � JI j '� s r,�. NIA r �' ��� Attorney for Defendants, Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C. JODIE and WILLIAM KOKOS, IN THE COURT OF COMMON PLEAS Plaintiffs v. CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, NO. 12 -4267 CIVIL TERM INC.; STEPHEN MILITO, M.D., PROFESSIONAL MEDICAL STEPHEN J. MILITO, M.D., P.C.; NEGLIGENCE ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., t /d /b /a CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., t /d /b /a CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., t /d /b /a OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; and OAKWOOD CANCER CENTER, Defendants JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Jennifer M. Heilman, Esquire on behalf of Defendants, Stephen J. Milito, M.D. and Stephen J. Milito, M.D., P.C. in the above - captioned action. Jenni er M. Heilman, Esquire Court I.D. No. 82305 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Eric Lauerman, Esquire on behalf of Defendants, Stephen J. Milito, M.D. and Stephen J. Milito, M.D., P.C. in the above - captioned action. Date: -0 (f 11 Respectfully submitted, FOULKROD ELLIS Professional Corporation By: Eric Lauerman, Esquire Court I.D. No. 316180 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 1.)-,yam_ day of , 2014, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Thomas W. Hall, Esquire Atlee Hall, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608 -0449 (Counsel to Plaintifj) Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. 303 Chestnut Street Philadelphia, PA 19106 (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 (Counsel for Holy Spirit Ventures, Inc.) FOULKROD ELLIS PROFESSIONAL CORPORATION By: J` Crystal L. Nemetz, Secretary Thomas W. Hall, Esquire Angelina M. Umstead, Esquire ATLEE HALL, LLP 415 North Duke Street P.O. Box 449 Lancaster, PA 17608 (717) 393-9596 (717) 393-2138 (facsimile) twhall@atleehall.com amumstead@atlehall.com Attorney I.D. No. 33092 & 309615 Attorney for Plaintiffs JODIE and WILLIAM KOKOS Plaintiffs vs. STEPHEN POWERS, M.D.; PENNSYLVANIA NEUROSURGERY AND NEUROSCIENCE INSTITUTE, INC.; STEPHEN MILITO, M.D.; STEPHEN J. MILITO, M.D. PC; ROBERT W. LUTHMANN, PH.D.; HOLY SPIRIT VENTURES, INC.; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES AND OAKWOOD CANCER CENTER; HOLY SPIRIT VENTURES, INC., T/D/B/A CAPITAL AREA R T ASSOCIATES; HOLY SPIRIT VENTURES, INC., T/D/B/A OAKWOOD CANCER CENTER; CAPITAL AREA R T ASSOCIATES; AND OAKWOOD CANCER CENTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - MEDICAL PROFESSIONAL LIABILITY ACTION No. 12-4267 JURY TRIAL DEMANDED COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER (OR CANNOT AFFORD ONE), GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT AY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO Le han demandado en corte. Si usted quiere defenderse contra las demandas nombradas en las paginas siguientes, tiene viente (20) dias a partir de recibir esta demanda y notificacion para entablar personalmente o por un abogado una comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas y objeciones a las demandas contra usted. Sea advisado que si usted no se defiende, el caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o para conseguir cualquier otra demanda o alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes para usted. Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE ABOGADO (0 NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PERSONA 0 LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. SI USTED NO TIENE DINERO SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITOS PARA UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. 2 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\179175.doc PARTIES TO THE ACTION 1. Plaintiff Jodie Kokos and William Kokos are adult individuals residing at 2 Bittersweet Lane, Mechanicsburg, PA 17050. 2. Defendant Stephen Powers, M.D. is a physician licensed by the Commonwealth of Pennsylvania with a principal place of business at 4310 Londonberry Road, Harrisburg, PA 17109. At all times relevant hereto, Defendant Stephen Powers, M.D. was an actual or ostensible agent of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. 3. Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. is a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with a registered place of business at 133 Jeff Lane, Hummelstown, PA 17036. At all times relevant hereto, Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. was the employer and/or actual principal of Stephen Powers, M.D. 4. Defendant Stephen Milito, M.D. is a physician licensed by the Commonwealth of Pennsylvania with a principal place of business at 5 Clover Lane, Mechanicsburg, PA 17050. At all times relevant hereto, Defendant Stephen Milito, M.D. was an actual or ostensible agent of Defendant Stephen J. Milito, M.D., PC. 5. Defendant Stephen J. Milito, M.D., PC is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 5 Clover Lane, Mechanicsburg, PA 17050. At all times relevant 3 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc hereto, Defendant Stephen J. Milito, M.D., PC was the employer and/or actual principal of Stephen Milito, M.D. 6. Defendant Robert W. Luthmann, Ph.D. is a physicist with an office and place of business at 880 Century Drive, Mechanicsburg, PA 17055 . 7. Defendant Holy Spirit Ventures, Inc. is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 503 North 21st Street, Camp Hill, PA 17011. 8. Defendant Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates and Oakwood Cancer Center is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 503 North 21' Street, Camp Hill, PA 17011. 9. Defendant Holy Spirit Ventures, Inc., t/d/b/a Capital Area R T Associates is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 503 North 21st Street, Camp Hill, PA 17011. 10. Defendant Holy Spirit Ventures, Inc., t/d/b/a Oakwood Cancer Center is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 503 North 21st Street, Camp Hill, PA 17011. 11. Defendant Capital Area R T Associates is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 3912 Trindle Road, Camp Hill, PA 17011. 4 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc 12. Defendant Oakwood Cancer Center is believed to be a professional corporation incorporated under the laws of the Commonwealth of Pennsylvania, with office and place of business at 880 Century Drive, Mechanicsburg, PA 17055. VENUE 13. This venue is proper in Cumberland County, Pennsylvania as the events giving rise to the cause of action occurred in Cumberland County. STATEMENT OF LIABILITY 14. In accordance with Pa.R.C.P. 1042.2, this is a professional liability action brought against all Defendants. STATEMENT OF OPERATIVE FACTS 15. In approximately 2007, Plaintiff Jodie Kokos was diagnosed with a prolactin secreting microadenoma of the pituitary gland. 16. In June 2010, Plaintiff Jodie Kokos had a neurosurgical consultation with Defendant Stephen Powers, M.D. to discuss options to treat her condition. 17. Defendant Dr. Powers explained to Plaintiff that she had two options to remove the tumor: 1) she could have the tumor removed surgically by regular means or 2) she could undergo Gamma Knife surgery. 18. Defendant Dr. Powers impressed upon Plaintiff the advantages of undergoing the Gamma Knife surgery as opposed to regular surgery by telling her that it would only take 15-20 minutes and within 5-6 months the tumor would be gone completely. 5 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc 19. Mrs. Kokos had a consultation at Defendant Dr. Milito's office on July 9, 2010, at which time she met with his nurse, Linda DiStefano, RN who had Mrs. Kokos sign an informed consent form. Plaintiff Jodie Kokos did not meet with Dr. Milito at this time or any time prior to the surgery. 20. In Gamma Knife surgery, the patient is positioned on a table and approximately 201 beams of radiation are shot from various positions around the table to essentially obliterate the tumor. 21. The doctors involved decide how thick the beam of radiation will be and also the intensity or dose of radiation within each beam. 22. Prior to the procedure, a titanium head brace is placed on the patient and an MRI is performed. 23. The doctors then take the images from the MRI and contour the areas that they want to target with the radiation beams and the areas that they want to protect from the radiation beams. 24. Contouring is performed manually by the doctors who use an electric pencil. 25. The doctors also choose the dosage of radiation to be used as well as the diameter of the beam of radiation. 26. Once the doctors enter the manual contouring of the tumor into the computer, the computer will generate a program that will tell the doctors whether they will be hitting the sensitive structures such as the optic nerves and optic chiasm with an excessive level of radiation. 6 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc 27. On July 16, 2010, Plaintiff Jodie Kokos arrived at the Holy Spirit MRI facility and Defendant Dr. Powers placed a Leksell stereotactic frame on her head. 28. Once the frame was placed, an MRI was taken of Plaintiff's brain. 29. Plaintiff was then transported to the Oakwood Cancer Center to undergo the Gamma Knife procedure. 30. The Special Physics Consult was performed by Defendant Robert W. Luthmann, Ph.D. and signed by Defendant Dr. Milito on July 16, 2010. 31. The Treatment Planning Protocol signed off on by Dr. Luthmann, Dr. Powers, and Dr. Milito on July 16, 2010 indicated that the dosage of radiation was to be 35 GY with a percentage line of 50, one shot with a total beam -on time of 26.8 minutes. 32. The procedure notes indicates that the procedure was "Gamma Knife stereotactic radiosurgery treatment of pituitary tumor using 35 GY at a 50% isodose level at the tumor margin with a single 8 mm collimated shot." 33. Once Plaintiff arrived at the Oakwood Cancer Center, she was taken to the procedure room where the Leksell frame was fixed in place. 34. The digitized MRI was downloaded into the workstation by Defendants Powers and Milito and was used along with other images to set up the Gamma Knife for the procedure. 35. Defendants Dr. Powers and Dr. Milito verified the coordinates for the Gamma Knife and performed the contouring of the Plaintiff's tumor. 36. The second page of the procedure note indicates that the procedure actually performed on Plaintiff was "a single 8 mm collimated shot to encompass not only the entire 7 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175.doc tumor and its extent out into the medial wall of the cavernous sinus with a substantial dose of 35 GY at the 70% isodose level at the tumor margin." 37. Defendant Dr. Luthmann verified the accuracy of the equipment, the software and hardware, and the safety of the program selected for Plaintiff. 38. The procedure note further indicates that the Plaintiff was taken into the procedure room and received a 35 GY shot without specifying what isodose level was actually administered to Plaintiff. 39. Five months following the Gamma Knife procedure, Plaintiff Jodie Kokos began to experience rapid vision loss in both eyes. 40. Multiple MRI's showed edema of her brain and enhancement of the optic apparatus including her optic chiasm, proximal optic nerves, and optical tracts. 41. Multiple tests were done to rule out possible causes for the edema and visual loss, all of which were negative. 42. Plaintiff Jodie Kokos was diagnosed with radiation induced optic neuropathy for which there is no treatment. 43. As a direct and proximate result of the Gamma Knife procedure, Plaintiff Jodie Kokos has permanent nearly complete vision loss in her eyes. 8 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc COUNT I Jodie Kokos vs. Stephen Powers, M.D. NEGLIGENCE 44. Paragraphs 1 through 43 are incorporated herein by reference. 45. At all times relevant to the subject matter of this Complaint, Jodie Kokos was a patient of Defendant Stephen Powers, M.D. and was receiving care and treatment from him. 46. At all times relevant hereto, Defendant Stephen Powers, M.D. owed Plaintiff a duty to use reasonable care and a duty to act in accordance with the applicable standard of care. 47. Defendant Stephen Powers, M.D. rendered negligence medical treatment to Plaintiff Jodie Kokos in one or more of the following particulars: a. Performing Gamma Knife surgery on Plaintiff Jodie Kokos prematurely; b. Performing Gamma Knife surgery on a patient who was not a proper candidate for such surgery; c. Generating a treatment plan for Plaintiff Jodie Kokos that was not safe; d. Failing to properly execute treatment plan for Plaintiff Jodie Kokos; e. Failing to correctly place the Leksell frame on Plaintiff's head prior to the Gamma Knife procedure; f. Failing to recognize and/or remedy the incorrect placement of the Leksell frame on Plaintiff's head prior to the Gamma Knife procedure; 9 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc g. Failing to correctly fixate or attach the Leksell frame to the treatment table in the procedure room; h. Failing to recognize and/or remedy the incorrect fixation of the Leksell frame in the procedure room; i. Failing to correctly set the coordinates of the Gamma Knife in preparation for Plaintiff's procedure; j. Failing to correctly verify the coordinates of the Gamma Knife immediately prior to Plaintiff's procedure; k. Failing to ensure that the Gamma Knife used for Plaintiff's procedure was properly calibrated; 1. Failing to properly set the dosage of radiation for the Gamma Knife in preparation for Plaintiff's procedure; m. Failing to timely recognize and/or remedy the incorrect dosage of radiation prior to Plaintiff's procedure; n. Failing to deliver the proper dosage of radiation to Plaintiff during the Gamma Knife procedure; o. Failing to deliver the proper dosage of radiation to the proper location during Plaintiff's Gamma Knife Procedure; p. Failing to properly set the beam thickness of radiation for the Gamma Knife in preparation for Plaintiff's procedure; 10 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc q. Failing to take all reasonable steps necessary to reduce the risk of radiation- induced optic neuropathy; r. Failing to execute a plan that was reasonably safe to preserve and protect patient's optic nerves and optic chiasm from radiation injury; s. Failing to develop the safest plan for administration of radiation that would accomplish its intended objective without causing damage to the patient's optic chiasm or optic nerves; and t. Prescribing improper doses of steroid medications for a prolonged period following the Gamma Knife surgery. 48. As a direct and proximate result of the negligence of Defendant Stephen Powers, M.D., Plaintiff Jodie Kokos has permanently lost most of the vision in both of her eyes. 49. As a direct and proximate result of the negligence of Defendant Stephen Powers, M.D., Plaintiff Jodie Kokos has suffered injuries and damages described herein. 50. As a direct and proximate result of the negligence of Defendant Stephen Powers, M.D., Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 51. As a direct and proximate result of the negligence of Defendant Stephen Powers, M.D., Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of 11 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 52. As a direct and proximate result of the negligence of Defendant Stephen Powers, M.D., Plaintiff Jodie Kokos has suffered a loss of earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Stephen Powers, M.D. in an amount in excess of $50,000.00, together with interest and costs as allowed by law. COUNT II Jodie Kokos vs. Stephen Powers, M.D. LACK OF INFORMED CONSENT 53. Paragraphs 1 through 52 are incorporated herein by reference. 54. Plaintiff Jodie Kokos brings this cause of action under Pennsylvania's informed consent statute, 40 Pa.C.S. 1303.504. 55. On or around July 9, 2010, Plaintiff Jodie Kokos gave her consent to a Gamma Knife procedure to be performed by Defendant Stephen Powers, M.D. on July 16, 2010. 56. Defendant Stephen Powers, M.D. is liable to Plaintiff for battery in the form of intentionally inflicting harmful and offensive bodily contact on Plaintiff in one or more of the following particulars: a. Knowingly performing the Gamma Knife procedure on Plaintiff without her informed consent and/or being fully informed; 12 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc b. Failing to inform Plaintiff fully and properly of the material risks, possible consequences, and alternatives to the proposed Gamma Knife procedure; c. Failing to disclose to Plaintiff all information material to the decision to undergo the proposed procedure; d. Failing to disclose that the proposed Gamma Knife procedure was premature; e. Failing.to disclose to Plaintiff that she could become blind as a result of the proposed Gamma Knife procedure; and f. Failing to fairly and accurately describe all alternative procedures, and the risks and benefits of such alternative procedures. 57. Plaintiff Jodie Kokos would not have submitted to the Gamma Knife procedure performed by Defendant if she had known of the undisclosed information, misinformation, risks, consequences, side effects, and alternative forms of treatment to the Gamma Knife. 58. Removal of the tumor was not an emergency procedure, but one to which the informed consent of the patient is required. 59. Plaintiff Jodie Kokos did not consent and make an informed decision about the Gamma Knife procedure. 60. Receiving information relating to the possible risks and consequences and alternative procedures is information which would have been a substantial factor in Plaintiff Jodie Kokos' decision whether or not to have the Gamma Knife procedure. 13 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175. doc 61. Plaintiff Jodie Kokos sustained damages as a result, as set forth in this Complaint. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Stephen Powers, M.D., in an amount in excess of $50,000 together with interest and costs thereon as allowed by law. COUNT III Jodie Kokos vs. Pennsylvania Neurosurgery and Neuroscience Institute, Inc. VICARIOUS NEGLIGENCE 62. Paragraphs 1 through 61 are incorporated herein by reference. 63. Upon information and belief and therefore averred, at all times relevant hereto, Defendant Stephen Powers, M.D. was the employee or actual or ostensible agent of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. 64. At all times relevant hereto, Defendant Stephen Powers, M.D. was acting within the scope of his employment with Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. 65. At all times relevant hereto, Defendant Stephen Powers, M.D. while acting within the course and scope of his employment with Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. owed Plaintiff Jodie Kokos a duty to use reasonable care and a duty to act in accordance with the applicable standard of care. 14 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc 66. Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc., acting by and through its agents and/or employees, specifically Defendant Stephen Powers, M.D., was negligent as set forth in Count I of Plaintiffs' Complaint. 67. Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. is vicariously liable for the negligence of its agents and/or employees, specifically Defendant Stephen Powers, M.D., as set forth in Count I of Plaintiffs' Complaint. 68. The negligence of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. was a substantial factor in causing the damages as set forth in detail in Count I of Plaintiffs' Complaint. 69. As a direct and proximate result of the negligence of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc., Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 70. As a direct and proximate result of the negligence of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc., Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 71. As a direct and proximate result of the negligence of Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc., Plaintiff Jodie Kokos has suffered a loss of 15 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Pennsylvania Neurosurgery and Neuroscience Institute, Inc. in an amount in excess of $50,000.00, together with interest and costs as allowed by law. COUNT IV Jodie Kokos vs. Stephen Milito, M.D. NEGLIGENCE 72. Paragraphs 1 through 71 are incorporated herein by reference. 73. At all times relevant to the subject matter of this Complaint, Jodie Kokos was a patient of Defendant Stephen Milito, M.D. and was receiving care and treatment from him. 74. At all times relevant hereto, Defendant Stephen Milito, M.D. owed Plaintiff a duty to use reasonable care and a duty to act in accordance with the applicable standard of care. 75. Defendant Stephen Milito, M.D. rendered negligent medical treatment to Plaintiff Jodie Kokos in one or more of the following particulars: a. Performing Gamma Knife surgery on Plaintiff Jodie Kokos prematurely; b. Performing Gamma Knife surgery on a patient who was not a proper candidate for such surgery; c. Generating a treatment plan for Plaintiff Jodie Kokos that was not safe; d. Failing to properly execute treatment plan for Plaintiff Jodie Kokos; 16 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc e. Failing to correctly place the Leksell frame on Plaintiff's head prior to the Gamma Knife procedure; f. Failing to recognize and/or remedy the incorrect placement of the Leksell frame on Plaintiff's head prior to the Gamma Knife procedure; g. Failing to correctly fixate or attach the Leksell frame to the treatment table in the procedure room; h. Failing to recognize and/or remedy the incorrect fixation of the Leksell frame in the procedure room; i. Failing to correctly set the coordinates of the Gamma Knife in preparation for Plaintiff's procedure; j. Failing to correctly verify the coordinates of the Gamma Knife immediately prior to Plaintiff's procedure; k. Failing to ensure that the Gamma Knife used for Plaintiff's procedure was properly calibrated; 1. Failing to properly set the dosage of radiation for the Gamma Knife in preparation for Plaintiff's procedure; m. Failing to timely recognize and/or remedy the incorrect dosage of radiation prior to Plaintiff's procedure; n. Failing to deliver the proper dosage of radiation to Plaintiff during the Gamma Knife procedure; 17 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc o. Failing to deliver the proper dosage of radiation to the proper location during Plaintiff's Gamma Knife Procedure; p. Failing to properly set the beam thickness of radiation for the Gamma Knife in preparation for Plaintiff's procedure; q. Failing to take all reasonable steps necessary to reduce the risk of radiation- induced optic neuropathy; r. Failing to execute a plan that was reasonably safe to preserve and protect patient's optic nerves and optic chiasm from radiation injury; s. Failing to develop the safest plan for administration of radiation that would accomplish its intended objective without causing damage to the patient's optic chiasm or optic nerves; and t. Prescribing improper doses of steroid medications for a prolonged period following the Gamma Knife surgery. 76. As a direct and proximate result of the negligence of Defendant Stephen Milito, M.D., Plaintiff Jodie Kokos has permanently lost most of the vision in both of her eyes. 77. As a direct and proximate result of the negligence of Defendant Stephen Milito, M.D., Plaintiff Jodie Kokos has suffered injuries and damages described herein. 78. As a direct and proximate result of the negligence of Defendant Stephen Milito, M.D., Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 18 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175. doe 79. As a direct and proximate result of the negligence of Defendant Stephen Milito, M.D., Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 80. As a direct and proximate result of the negligence of Defendant Stephen Milito, M.D., Plaintiff Jodie Kokos has suffered a loss of earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Stephen Milito, M.D. in an amount in excess of $50,000.00, together with interest and costs as allowed by law. COUNT V Jodie Kokos vs. Stephen Milito, M.D. INFORMED CONSENT 81. Paragraphs 1 through 80 are incorporated herein by reference. 82. Plaintiff Jodie Kokos brings this cause of action under Pennsylvania's informed consent statute, 40 Pa.C.S. 1303.504. 83. On or around July 9, 2010, Plaintiff Jodie Kokos gave her consent to a Gamma Knife procedure to be performed by Defendant Stephen Milito, M.D. on July 16, 2010. 84. Defendant Stephen Milito, M.D. is liable to Plaintiff for battery in the form of intentionally inflicting harmful and offensive bodily contact on Plaintiff in one or more of the following particulars: 19 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc a. Knowingly performing the Gamma Knife procedure on Plaintiff without her informed consent and/or being fully informed; b. Failing to inform Plaintiff fully and properly of the material risks, possible consequences, and alternatives to the proposed Gamma Knife procedure; c. Failing to disclose to Plaintiff all information material to the decision to undergo the proposed procedure; d. Failing to disclose that the proposed Gamma Knife procedure was premature; e. Failing to disclose to Plaintiff that she could become blind as a result of the proposed Gamma Knife procedure; and f. Failing to fairly and accurately describe all alternative procedures, and the risks and benefits of such alternative procedures. 85. Plaintiff Jodie Kokos would not have submitted to the Gamma Knife procedure performed by Defendant if they had known of the undisclosed information, misinformation, risks, consequences, side effects, and alternative forms of treatment to the Gamma Knife. 86. Removal of the tumor was not an emergency procedure, but one to which the informed consent of the patient is required. 87. Plaintiff Jodie Kokos did not consent and make an informed decision about the Gamma Knife procedure. 20 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc 88. Receiving information relating to the possible risks and consequences and alternative procedures is information which would have been a substantial factor in Plaintiff Jodie Kokos' decision whether or not to have the Gamma Knife procedure. 89. Plaintiff Jodie Kokos sustained damages as a result, as set forth in this Complaint. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Stephen Milito, M.D., in an amount in excess of $50,000 together with interest and costs thereon as allowed by law. COUNT VI Jodie Kokos vs. Stephen J. Milito, M.D., P.C. VICARIOUS NEGLIGENCE 90. Paragraphs 1 through 89 are incorporated herein by reference. 91. Upon information and belief and therefore averred, at all times relevant hereto, Defendant Stephen Milito, M.D. was the employee or actual or ostensible agent of Defendant Stephen J. Milito, M.D., P.C. 92. At all times relevant hereto, Defendant Stephen Milito, M.D. was acting within the scope of his employment with Defendant Stephen J. Milito, M.D., P.C. 93. At all times relevant hereto, Defendant Stephen Milito, M.D., while acting within the course and scope of his employment with Defendant Stephen J. Milito, M.D., P.C., owed Plaintiff Jodie Kokos a duty'to use reasonable care and a duty to act in accordance with the applicable standard of care. 21 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc 94. Defendant Stephen J. Milito, M.D., P.C., acting by and through its agents and/or employees, specifically Defendant Stephen Milito, M.D., was negligent as set forth in Count IV of Plaintiffs' Complaint. 95. Defendant Stephen J. Milito, M.D., P.C., is vicariously liable for the negligence of its agents and/or employees, specifically Defendant Stephen Milito, M.D., as set forth in Count IV of Plaintiffs' Complaint. 96. The negligence of Defendant Stephen J. Milito, M.D., P.C., was a substantial factor in causing the damages as set forth in detail in Count IV of Plaintiffs' Complaint. 97. As a direct and proximate result of the negligence of Defendant Stephen J. Milito, M.D., P.C., Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 98. As a direct and proximate result of the negligence of Defendant Stephen J. Milito, M.D., P.C., Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 99. As a direct and proximate result of the negligence of Defendant Stephen J. Milito, M.D., P.C., Plaintiff Jodie Kokos has suffered a loss of earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. 22 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Stephen J. Milito, M.D., P.C., in an amount in excess of $50,000.00, together with interest and costs as allowed by law. COUNT VII Jodie Kokos vs. Robert W. Luthmann, Ph.D. NEGLIGENCE 100. Paragraphs 1 through 99 are incorporated herein by reference. 101. At all times relevant to the subject matter of this Complaint, Jodie Kokos was a patient of Defendant Robert W. Luthmann, Ph.D., and was receiving care and treatment from him. 102. At all times relevant hereto, Defendant Robert W. Luthmann, Ph.D., owed Plaintiff a duty to use reasonable care and a duty to act in accordance with the applicable standard of care. 103. Defendant Robert W. Luthmann, Ph.D., rendered negligent medical treatment to Plaintiff Jodie Kokos in one or more of the following particulars: a. Failing to maintain equipment, including hardware and software that would accurately administer the dosage of radiation described in the treatment plan; b. Approving and signing off on a plaintiff care that was not properly and safely developed; and 23 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc c. Administering the plan that was developed for the administration of radiation in an unskillful manner. 104. As a direct and proximate result of the negligence of Defendant Robert W. Luthmann, Ph.D., Plaintiff Jodie Kokos has permanently lost most of the vision in both of her eyes. 105. As a direct and proximate result of the negligence of Defendant Robert W. Luthmann, Ph.D., Plaintiff Jodie Kokos has suffered injuries and damages described herein. 106. As a direct and proximate result of the negligence of Defendant Robert W. Luthmann, Ph.D., Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 107. As a direct and proximate result of the negligence of Defendant Robert W. Luthmann, Ph.D., Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 108. As a direct and proximate result of the negligence of Defendant Robert W. Luthmann, Ph.D., Plaintiff Jodie Kokos has suffered a loss of earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant Robert W. Luthmann, Ph.D., in an amount in excess of $50,000.00, together with interest and costs as allowed by law. 24 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc COUNT VIII Jodie Kokos vs. Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc. t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc. t/d/b/a Capital Area R T Associates; Holy Spirit Ventures, Inc. t/d/b/a Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center (hereinafter individually and collectively referred to as "Holy Spirit Ventures, Inc.") VICARIOUS NEGLIGENCE 109. Paragraphs 1 through 108 are incorporated herein by reference. 110. Upon information and belief and therefore averred, at all times relevant hereto, Defendants Stephen Milito, M.D., Stephen Powers, M.D., and Robert W. Luthmann, Ph.D. were employees or actual or ostensible agents of Defendant "Holy Spirit Ventures, Inc." 111. At all times relevant hereto, Defendants Stephen Milito, M.D., Stephen Powers, M.D., and Robert W. Luthmann, Ph.D. were acting within the scope of their employment with Defendant "Holy Spirit Ventures, Inc." 112. At all times relevant hereto, Defendants Stephen Milito, M.D., Stephen Powers, M.D., and Robert W. Luthmann, Ph.D., while acting within the course and scope of their employment with Defendant "Holy Spirit Ventures, Inc.," owed Plaintiff Jodie Kokos a duty to use reasonable care and a duty to act in accordance with the applicable standard of care. 113. Defendant "Holy Spirit Ventures, Inc.," acting by and through its agents and/or employees, specifically Defendants Stephen Milito, M.D., Stephen Powers, M.D., and Robert W. Luthmann, Ph.D., were negligent as set forth in Count III of Plaintiffs' Complaint. 114. Defendant "Holy Spirit Ventures, Inc." is vicariously liable for the negligence of its agents and/or employees, specifically Defendants Stephen Milito, M.D., Stephen 25 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\179175.doc Powers, M.D., and Robert W. Luthmann, Ph.D., as set forth in Count III of Plaintiffs' Complaint. 115. The negligence of Defendant "Holy Spirit Ventures, Inc." was a substantial factor in causing the damages as set forth in detail in Count III of Plaintiffs' Complaint. 116. As a direct and proximate result of the negligence of Defendant "Holy Spirit Ventures, Inc.," Plaintiff Jodie Kokos has incurred expenses for medical care and treatment and will in the future continue to incur such expenses, for all of which damages are claimed. 117. As a direct and proximate result of the negligence of Defendant "Holy Spirit Ventures, Inc.," Plaintiff Jodie Kokos has endured extreme pain and suffering, anxiety and emotional distress, scarring and disfigurement, embarrassment and humiliation and loss of life's pleasures and will in the future continue to endure such injuries, for all of which damages are claimed. 118. As a direct and proximate result of the negligence of Defendant "Holy Spirit Ventures, Inc.," Plaintiff Jodie Kokos has suffered a loss of earnings and of earning potential and will in the future continue to suffer such losses, for all of which damages are claimed. WHEREFORE, Plaintiff Jodie Kokos demands judgment against Defendant "Holy Spirit Ventures, Inc." in an amount in excess of $50,000.00, together with interest and costs as allowed by law. 26 \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\ 179175.doc COUNT IX William Kokos vs. Stephen Powers, M.D.; Pennsylvania Neurosurgery and Neuroscience Institute, Inc.; Stephen Milito, M.D.; Stephen Milito, M.D., P.C.; Robert Luthmann, Ph.D.; Holy Spirit Ventures, Inc.; Holy Spirit Ventures, Inc. t/d/b/a Capital Area R T Associates and Oakwood Cancer Center; Holy Spirit Ventures, Inc. t/d/b/a Capital Area R T Associates; Holy Spirit Ventures, Inc. t/d/b/a Oakwood Cancer Center; Capital Area R T Associates; and Oakwood Cancer Center LOSS OF CONSORTIUM 119. Paragraphs 1 through 118 are incorporated herein by reference. 120. At all times relevant hereto, Plaintiffs Jodie and William Kokos were husband and wife living together as husband and wife. 121. As a direct and proximate result of Defendants' negligence, Plaintiff William Kokos has suffered and will continue to suffer the loss of service, support, comfort, companionship, and consortium of his wife. 27 \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc WHEREFORE, Plaintiff William Kokos demands judgment in his favor against Defendants in an amount in excess of $50,000 together with interests and costs allowed by law. Dated: 2 4 �. t9 28 Respectfully submitted: ATLEE HALL, LLP By: \\ahbprolaw\prolaw\documents\kokos, jodie\ 13-192\ 179175. doc Thom s W. Hall, Esquire Angelina M. Umstead, Esquire Attorney for Plaintiffs (717) 393-9596 twhall@atleehall.com .com amumstead@atleehall.com com I.D. No. 33092 & 309615 VERIFICATION I hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: liceoler g, ,) d I / c: \users\rml\desktop\ 179246. doc ,i,d6,./1 761 William Kokos "`��l�6lQINl P I Print Name Here VERIFICATION I hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: y�I OB 90 Jodie Kokos \()\/)os Print Name Here c: \users\rml\desktop\ 179246. doc CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons via electronic delivery: Leigh A.J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Leigh@foulkrod. corn (Counsel for Stephen Powers, M.D. and Pennsylvania Neurosurgery and Neuroscience Institute, Inc.) Thomas Paschos, Esquire Thomas Paschos & Associates, P.C. One Penn Center, Ste. 935 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 TPaschos@paschoslaw.com (Counsel for Capital Area R T Associates, Oakwood Cancer Center and Robert W. Luthmann, Ph.D.) Dated: December , 2014 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 tchairs@dmclaw. corn (Counsel for Holy Spirit Ventures, Inc.) Andrew H. Foulkrod, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Andrew@foulkrod. corn (Counsel for Stephen Milito, M.D. and Stephen J. Milito, M.D., P.C.) ATLEE HALL, LLP By: \\ahbprolaw\prolaw\documents\kokos, jodie\13-192\158587.doc Thomas % . Hall, Es I uire 415 North Duke Street Lancaster, PA 17602 (717) 393-9596 (717) 393-2138 (facsimile) twhall@atleehall. com I.D. No. 33092