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HomeMy WebLinkAbout12-5064 _ _ _ _ i i. t`' 1 5 ial`iti l ~ s~i~''~~ iAi~iy~ SCHMIDT KRAMER PC ? ~t, ~ i t v ~ ~ ~ 3 ~g BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 ~~~i~'~f~~',E~~ CCJNTY 209 State Street ~ ~ C Y LV~,At 1 t~ Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(u),srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEA8 KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, . Plaintiffs v. No. ~ oC • W W ~ lV ~ MOFFITT HEART 8s VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC A880CIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR IN8TITUTE, INC., PINNACLE HEALTH SY8TEM, PINNACLE HEALTH HOSPITAL8, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 717/232-7536 ~Q,~, ?s p~ Ck ~ ~ ~ ~a _ _ ~ SCHMIDT KRAMER PC III BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(a~srklaw. tom DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and CUMBERLAND COUNTY, his wife, MIRIAM KITNER, PENNSYLVANIA Plaintiffs v. No. MOFFITT HEART 8s VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED Avlso USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Dauphin County Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 717/232-7536 ~ SCHMIDT KRAMER PC i BY: TERRY S. HYMAN, ESQUIRE 'i LD. #36807 i 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thymar cr srklaw.com DANIEL J. KITNER by GARY IN THE COURT OF COMMON W. KITNER, attorney-in-fact, , PLEAS CUMBERLAND, COUNTY and .his wife, MIRIAM KITNER, PENNSYLVANIA Plaintiffs v. No. MOFFITT HEART 8s CIVIL ACTION -LAW VASCULAR GROUP, A MEDICAL MALPRACTICE PROFESSIONAL LIABILITY ACTION CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D., Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Daniel J. Kitner is an adult individual who currently resides at the Manor at Perry Village, 213 E. Main St., New Bloomfield, Pennsylvania 17068. 2. Gary W. Kitner is an adult individual who currently resides at 7284 Spring Rd., Shermans Dale, Pennsylvania 17090. He is the attorney-in-fact for Plaintiff Daniel J. Kitner. i 3. Plaintiff Miriam Kitner is an adult individual who currently resides at the Manor at Perry Village, 213 E. Main St., New Bloomfield, Pennsylvania 17068. She is the wife of Plaintiff Daniel J. Kitner. 4. Defendant Moffitt Heart 8v Vascular Group, a Professional Corporation, Moffitt Heart and Vascular Group -PHCVI, and Cardiology Diagnostic Associates, LLC (hereinafter referred "Defendant Moffitt"), are corporations providing cardiovascular testing and are located at 1000 N. Front St., Wormleysburg, Pennsylvania 17043. 5. Defendant Pinnacle Health Cardiovascular Institute, Inc. is a corporation that owns Moffitt Heart and Vascular Group -PHCVI. 6. Defendants Pinnacle Health System and Pinnacle Health Hospitals, Inc. are corporations that own Pinnacle Health Cardiovascular Institute, Inc. and Moffitt Heart and Vascular Group -PHCVI. 7. Defendant Mindi Fry, CRNP was involved in the care given Plaintiff Daniel Kitner as a patient of Defendant Moffitt between July 6, 2011 and July 14, 2011. 8. Defendant David Pawlush, M.D. was involved in the care given Plaintiff Daniel Kitner as a patient of Defendant Moffitt between July 6, 2011 and July 14, 2011. 9. A professional liability claim is being made against the defendant nurse, doctors, and Moffitt, and any of the corporations identified herein, who claim to the legal status of a "health care provider" under Section 503 of the Medical Care Availability and Reduction of Error Act, 40 P.S. § 1303.503. - _ ~ m,~, 10. The conduct giving rise to this medical malpractice liability claim i occurred in Cumberland County, Pennsylvania. ~i 11. Certificates of Merit against all Defendants are attached hereto as Exhibit A. 12. Plaintiff, a healthy, 88 year old man, was living independently with his wife, Miriam Kitner, who has Parkinson's disease and dementia. Plaintiff was the sole caretaker of his wife. 13. Plaintiff was experiencing chronic pain in both of his knees and was referred by his primary care physician, Dr. Bisbing, to Dr. Frankeny of the Orthopedic Institute of Pennsylvania. 14. After speaking with Dr. Frankeny, Plaintiff decided to undergo an elective total knee replacement in his left knee on July 13, 2011. 15. Dr. Bisbing referred Plaintiff to Defendant Moffitt for pre-operative cardiac testing to determine whether Mr. Kitner was healthy enough to undergo surgery. 16. Defendant Moffitt knew or should have known that the purpose of the cardiac testing was pre-operative clearance for orthopedic surgery under general anesthesia and knew or should have known the date of the intended surgery was imminent. 17. On July 6, 2011, Defendant Mindi Fry, CRNP performed the EKG and stress tests. 18. On July 7, 2011, Dennis Line, M.D., F.A.C.C. interpreted the EKG and stress tests and did not indicate on his report, the presence of a problem that required either further testing or delay of the surgery. This _ i report was sent to Dr. Bisbing and Dr. Frankeny who, based on this ~I information, proceeded to perform Plaintiff's surgery. 19. On July 6, 2011, Defendant Mindi Fry, CRNP ordered and performed a 24-hour Holter monitor test on Mr. Kitner. Her indications for the Holter were recorded as "Chest Pain. SVT." 20. SVT, or supra ventricular tachycardia is a serious heart rhythm abnormality. Neither Dr. Bisbing nor Dr. Frankeny were advised by Dr. Lines' report of July 7, 2011 or by any other means that on July 6, 2011, Mr. Kitner had a heart rhythm abnormality or symptoms sufficient to warrant a Holter monitor, nor that Moffitt was conducting a 24-hour Holter monitor test on Mr. Kitner on July 6, 2011, for whom Moffitt was doing a "Pre -op for knee replacement" cardiac evaluation. 21. On July 7, 2011, the results of the Holter monitor test were returned by Mr. Kitner to Moffitt. The Monitor strips showed significant findings of atrial fibrillation, (AFib) which presents a very substantial risk of perioperative stroke, and is universally considered a contraindication for elective surgery. 22. From July 7, 2011 until July 14, 2011, neither Defendant David Pawlush, M.D., who found Plaintiff's AFib, Defendant Mindi Fry who ordered the Holter nor any other employee, agent, or ostensible agent of Defendant Moffitt communicated the Holter monitor test results to Plaintiff's surgeon or family doctor. 23. From July 7, 2011 until July 14, 2011, neither Defendant David Pawlush, M.D. who found Plaintiff's AFib, Defendant Mindi Fry who ordered the Holter nor any other employee, agent, or ostensible agent of Defendant Moffitt actually read the Holter monitor test strips. 24. Without an inkling that this patient had coronary signs or symptoms that warranted a Holter monitor, let alone that the Holter monitor strips showed atrial fibrillation, Dr. Frankeny proceeded with Mr. Kitner's knee surgery on the afternoon of July 13, 201 1. 25. Less than 12 hours post-surgery Mr. Kitner had a massive stroke leaving him paralyzed and mentally incapacitated. 26. Mr. Kitner was cleared for surgery based on Dr. Line's report with neither Dr. Frankeny nor Dr. Bisbing having any knowledge that a Holter monitor was ordered or that it showed AFib. 27. Neither Dr. Frankeny nor Dr. Bisbing would have allowed Mr. Kitner to undergo an elective knee replacement surgery on July 13, 2011, had they known that Holter monitor results were pending, or that they showed atrial fibrillation. 28. On July 12, 2.011, Plaintiff Miriam Kitner was admitted to the Manor at Perry Village, a nursing home in New Bloomfield, Pennsylvania, so that she could receive skilled care for her Parkinson's disease and dementia while her husband was undergoing and recovering from surgery. 29. As a direct result of all Defendants negligence as set forth below, Plaintiff suffered a massive stroke on July 14, 2011. 30. Plaintiff remained at Holy Spirit Hospital until July 20, 2011. 31. Solely due to his stroke, Plaintiff now requires skilled care and he j was admitted to the Manor at Perry Village, a nursing home in New Ili Bloomfield, Pennsylvania, on July 20, 2011. 32. Plaintiff's wife remained at the Manor at Perry Village because Plaintiff was no longer able to care for her at the family home. 33. As a direct result of Defendants' negligence, Plaintiff suffers from right-sided hemiparesis, right hemisensory loss, global aphasia, and a right facial droop. 34. As a direct result of Defendants' negligence, Plaintiff now requires daily skilled nursing care. 35. As a direct result of Defendants' negligence, Plaintiff became unable to provide daily care for his wife, thereby incurring the costs of skilled nursing care for his wife at the Manor at Perry Village, which would not have been necessary had he only had a knee replacement surgery without a major stroke. 36. After exhaustion of Medicare nursing home benefits, Mr. and Mrs. Kitner's personal assets including the value of the- family home have or will be depleted to pay for the medical costs of sustaining their greatly diminished existence. 37. These costs will continue to be incurred and the obligation of the Plaintiff s or their estate will continue until both Mr. and Mrs. Kitner pass away. _ _ _ _ _ r 38. As a direct result of Defendants' negligence, Plaintiff underwent great pain and suffering due to the accident, and may continue to ~I undergo such pain and suffering in the future. 39. As a direct result of Defendant's negligence, Plaintiff suffered a diminution of his ability to enjoy life and life's pleasures. 40. As a direct result of her husband's injuries, Plaintiff Miriam Kitner has suffered a loss of his companionship, caretaking, guidance, and consortium. COUNT I VICARIOUS LIABILITY OF MOFFITT DEFENDANTS 41. Paragraphs 1 through 40 are incorporated herein. 42. Moffitt Heart 8v Vascular Group, a Professional Corporation, Cardiology Diagnostic Associates, LLC, Moffitt Heart and Vascular Group - PHCVI, Pinnacle Health Cardiovascular Institute, Inc., Pinnacle Health System, and Pinnacle Health Hospitals, Inc., hereinafter the "MOFFITT DEFENDANTS," were employers of, and/or had control over Dr. Pawlush and all other Moffitt physicians who could have interpreted and communicated Plaintiff Daniel J. Kitner's cardiac testing including his Holter monitor in the Moffitt Heart 8v Vascular Group facility between July 6, 2011 and July 14, 2011 and Dr. Pawlush and all such physicians were employees or ostensible agents of the Moffitt Defendants, acting within the scope of their employment. 43. All actions done by Moffitt Defendants' staff, including Mindi Fry, CRNP, and any persons responsible for assuring test results including _ _ ~ the Holter monitor strips were read and their interpretations i communicated to Daniel J. Kitner's treating PCP and surgeon were employees, agents or ostensible agents of the Moffitt Defendants, acting within the scope of their employment. 44. The Moffitt Defendants are vicariously liable to Plaintiffs for the damages alleged herein which were legally caused by the negligence of Mindi Fry, CRNP, David Pawlush M.D., and all other staff members and physicians described in paragraphs 42 and 43 for their negligence in: a. Failing to interpret the results of the Plaintiff's Holter monitor until after his surgery took place when they knew or should have known the date or Plaintiff's surgery; b. Failing to contact the Plaintiff, Plaintiff's family, Dr. Frankeny, or Dr. Bisbing with the results of the Holter monitor until after Plaintiff's surgery took place; c. Failing to contact the Plaintiff, Plaintiff's family, Dr. Frankeny, or Dr. Bisbing with the results of the Holter monitor until after Plaintiff's surgery took place when they knew or should have known the date of Plaintiff's surgery; d. Failing to interpret the results of the Plaintiff's Holter monitor until after his surgery took place knowing they were clearing Plaintiff for surgery; e. Failing to contact the Plaintiff, Plaintiff's family, Dr. Frankeny, or Dr. Bisbing with the results of the Holter monitor until after Plaintiff's surgery took place knowing they were clearing Plaintiff for surgery; f. Failing to inform Plaintiff's treating physicians of the indications for Mr. Kitner to have a Holter monitor on July 6, 2011, when the test was ordered; g. Failing to inform Plaintiff's treating physicians that a Holter monitor was being performed on Mr. Kitner at any time before his surgery; _ _ r h. Waiting 7 days to interpret Mr. Kitner's Holter monitor strips when they knew or should have known he was ready to undergo surgery; i. Failing to inform Mr. Kitner's treating physicians that he had atrial fibrillation, a contraindication for clearing Mr. Kitner for surgery; j. Writing a report on July 7, 2011 to Dr. Bisbing and Frankeny that omitted the fact that Plaintiff had undergone Holter monitor testing or the results of the Holter monitor testing despite the fact the monitor strips were already present in Moffitt's office at the time the letter was dictated; k. Failing to ask Dr. Pawlush or any other qualified Moffitt physician or CRNA to look at the Holter monitor strips on July 7, 2011, or on any day prior to Plaintiff's surgery; and 1. Clearing Mr. Kitner for elective surgery when they knew or should have known he had atrial fibrillation more than a week prior to his surgery. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of compulsory arbitration limits of Cumberland County, Pennsylvania. COUNT II DIRECT LIABILITY OF MOFFITT DEFENDANTS 45. Paragraphs 1 through 44 are incorporated herein. 46. Moffitt Defendants, as a registered healthcare facility, have anon- delegable duty to ensure quality of care at its facility. 47. Moffitt Defendants failed in their duty to ensure quality of care to Plaintiff by: a. Failing to establish protocols requiring the timely communication of results showing a cardiac problem which was a possible contraindication for surgery when asked to clear patient for surgery; and b. Failing to establish protocols requiring the timely interpretation of tests administered at their establishments. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of compulsory arbitration limits of Cumberland County, Pennsylvania. COUNT III NEGLIGENCE OF MINDI FRY CRNP 48. Paragraphs 1 through 47 are incorporated herein. 49. Defendant Mindi Fry, CRNP, is liable to the Plaintiffs for the damages herein which were directly and proximately caused by her negligence in: a. Ordering a Holter monitor, but failing to follow up on the results until after Plaintiff's surgery took place, when she knew or should have known the date of the intended surgery; b. Failing to contact Plaintiff, Plaintiffs family, Dr. Bisbing or Dr Frankeny with the results of the Holter monitor until after his surgery took place, when she knew or should have known of the date of the intended surgery; c. Failing to ask patient or referring physician the date of his surgery; d. Failing to record the date of Plaintiff's surgery on his record; e. Failing to take any action to get the Holter monitor strips which she ordered on July 6, 2011, and were not interpreted by anyone for 7 days; f. Failing to record on the record or directly inform Dr. Line or Dr. Pawlush that she had ordered a Holter monitor for Mr. Kitner or the indications for which she ordered the Holter, on July 6, 2011, July 7, 2011 or at any time prior to Mr. Kitner's surgery when she knew or should have known he was clearing the patient for knee replacement surgery; g. Allowing Mr. Kitner to be cleared for surgery where she i found he had chest pain and possible SVTs; h. Not informing Dr. Pawlush of the fact Plaintiff was bein III g cleared for imminent elective surgery; i. Failing to contact Drs. Bisbing or Frankeny immediately upon learning the test she ordered showed AFib; and j. Failing to communicate the presence of Afib to Plaintiff's treating physicians from July 7, 2011, when his strips were returned to Moffitt's office after his surgery on July 13, 201 1. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT IV NEGLIGENCE OF DAVID PAWLU3H M.D. 50. Paragraphs 1 through 47 are incorporated herein. 51. Defendant David Pawlush, M.D., is liable to the Plaintiffs for the damages herein which were directly and proximately caused by his negligence in: a. Failing to interpret the results of the Plaintiff's Holter monitor until after his surgery took place when he knew or should have known the date or Plaintiff's surgery; b. Failing to contact the Plaintiff, Plaintiff's family, Dr. Frankeny, or Dr. Bisbing with the results of the Holter monitor until after Plaintiff's surgery took place when they knew or should have known the date or Plaintiff's surgery; c. Failing to interpret the results of the Plaintiff's Holter monitor until after his surgery took place knowing the patient was sent to Moffitt solely to clear him for surgery; d. Failing to contact the Plaintiff, Plaintiff's family, Dr. Frankeny, or Dr. Bisbing with the results of the Holter monitor until after Plaintiff's surgery took place knowing the patient was sent to Moffitt solely to clear him for surgery; i I e. Taking no action between July 7, 2011 and July 14, 2011 to determine results of the Holter monitor when he knew or should have known the strips were completed, and the indications for the Holter included conditions which presented risks for perioperative problems; f. Failing to contact Dr. Bisbing or Frankeny immediately upon learning the test she ordered showed AFib; g. Failing to communicate the presence of Afib to Plaintiff's treating physicians from July 7, 2011 when his strips were returned to Moffitt's office and his surgery was on July 13, 2011. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of compulsory arbitration limits of Cumberland County, Pennsylvania. Respectfully submitted, SCHMIDT KRAMER PC By: T ym ,Esquire .D. No. 3 7 209 e Street arrisburg, PA 17101 (717) 232-6300 Date: o~`L~ Attorney for Plaintiffs ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Te . Hy n, Esquire Date: ~~~C~/~~~' _ _ _ - - SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I~ I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thymanCa~srklaw.com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, FENNSYLVANIA wife, MIRIAM KITNER, Plaintiffs v. No. MOFFITT HEART 8c VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT MOFFITT HEART 8s VASCULAR GROUP, A PROFESSIONAL CORPORATION I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: an appropriate licensed professional. has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and a the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully submitted, III SCHMIDT KRAMER, PC ~i By: -Terry yman, ID # 36807 209 State treet Harrisb g, PA 1 101 717-232- Date: Attorneys for Plaintiff - _ _ SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE ~ I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(c~,srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, . Plaintiffs . v. No. MOFFITT HEART 8G VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARbIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT CARDIOLOGY DIAGNOSTIC ASSOCIATES LLC I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and a the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Respectfully submitted, SCHMIDT KRAMER, PC 'I By: Terry S. man, Esq. ID#3 07 209 tate Street Harrisburg, PA 17101 717-232-6300 Date: Attorneys for Plaintiff _ _ SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE LD. #36807 209 State Street ~I Harrisburg, PA 17101 ~I (717) 232-6300 Attorneys for Plaintiff(s) ~I thyman(c~srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, . Plaintiffs v. No. MOFFITT HEART & VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT MOFFITT HEART AND VASCULAR GROUP - PHCVI I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. - - _ - ~ - Respectfully submitted, SCHMIDT KRAMER, PC ~I I B Y erry S. an, Esq. ID#3 209 S ate Street Harrisburg, PA 17101 717-232-6300 Date: Attorneys for Plaintiff SCHMIDT KRAMER PC ~I BY: TERRY S. HYMAN, ESQUIRE I.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thvman(a,srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, . Plaintiffs v. No. MOFFITT HEART ds VASCULAR CML ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendaats JURY TRIAL DEMANDED CERTIFICIATE OF MERIT AS TO DEFENDANT PINNACLE HEA~.TH CARDIOVASCULAR INSTITUTE, INC I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: a an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the ,other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. T Respectfully submitted, 'i SCHMIDT KRAMER, PC i By: Terry S. man, Esq. ID 07 20 State Street Harrisburg, PA 17101 717-232-6300 Date: Attorneys for Plaintiff _ T SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE LD. #36807 209 State Street I Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) ~I thvman(c~,srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, , Plaintiffs , v. No. MOFFITT HEART 8s VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC A880CIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH H08PITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT PINNACLE HEALTH SYSTEM PINNACLE HEALTH HOSPITALS INC. I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. ~ - Respectfully submitted, SCHMIDT KRAMER, PC • s!~ By: Terry S. Hyman, Esq. ID # 36807 209 State Street Harrisburg, PA 17101 Q~ 717-232-6300 Date: Attorneys for Plaintiff _ _ _ _ _ SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE LD, #36807 209 State Street Harrisburg, PA 17101 ~I (717) 232-6300 Attorneys for Plaintiff(s) thyman(u~srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, Plaintiffs v. No. MOFFITT HEART Ss VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT MINDI FRY, C.R.N.P. I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. SCIiMIDT KRAMER, PC By: S. Hym ,Esq. ID # 36807 09 St treet Harrisburg, PA 17101 D~~~ 717-232-6300 Date: Attorneys for Plaintiff SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE LD. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman n srklaw. com DANIEL J. KITNER by GARY W. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, aad his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRIAM KITNER, Plaintiffs v. No. MOFFITT HEART 8s VASCULAR CIVIL ACTION -LAW GROUP, A PROFESSIONAL MEDICAL MALPRACTICE LIABILITY CORPORATION, CARDIOLOGY ACTION DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT DAVID PAWLUSH, M.D. I, Terry S. Hyman, Esq., counsel for the Plaintiff, certify that: the claim that this defendant deviated from an acceptable professional standard is also based on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. SCHMIDT ER, PC By: Terry S. ,Esq. ID # 807. 20 State,~treet H kris rg, PA 17101 717-232-6300 Date: QC~'/!f~/~ Attorneys for Plaintiff Evan Black, Esquire Attorney I.D. 17884 Hugh P. O'Neill, III, Esquire Attorney LD. 69986 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7644 Attorneys for Defendants Pinnacle Health Hospital, Pinnacle Health System, PHCVI -Pinnacle Health Cardiovascular Institute, Inc., Mindi Fry, C.R.N.P, and David Pawlush, M.D. DANIEL J. KITNER by GARY W. KITNER, attorney-in-fact, and his wife, MIRIAM KITNER : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs :CIVIL ACTION v. NO. 12-5064 MOFFITT HEART & VASCULAR GROUP, A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP -PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P., DAVID PAWLUSH, M.D. Defendants :JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY c~ c ro3 ~~ ~ ., -<~' zc~'i ~~ -~ N a• c'~ w s w c~ r Please enter the appearances of Hugh P. O'Neill, III, Esquire and Evan Black, Esquire, c the law firm of Thomas, Thomas & Hafer, LLP, as counsel for Defendants, Pinnacle Health Hospital, Pinnacle Health System, PHCVI-Pinnacle Health Cardiovascular Institute, Inc., Fry, C.R.N.P., and David Pawlush, M.D., in the above matter. --~ ~~ ~~ Q;c~ -+~ 1 Respectfully submitted THOMAS, THOMAS & By Date: 1137372.1 2 L' ~[1 1J1RG1~, liJ~uu ~+ Attorney No. 17884 Hugh P. O'Neill, Esquire Attorney No. 69986 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 DANIEL J. KITNER by GARY W. KITNER, attorney-in-fact, and his wife, MIRIAM KITNER Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 12-5064 MOFFITT HEART & VASCULAR GROUP, A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P., DAVID PAWLUSH, M.D. Defendants :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Deanna Eallonardo, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Terry S. Hyman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs DATE: ~, ~ ~ _ ~ Z T MAS, THOMAS & HAFER, LLP Deanna Eallonardo SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE LD.#36807 . 209 State Street ~ - Harrisburg, PA 17101 ~ ;'~1-, (77 7) 232-6300 ~'~~orn~~s~~o#~~~PI~~n~tiff(s) t h~ man(u`,srklaw.com ; ~ t~ f t '~'.~;, ~ 1 r~ ___ DANIEL J. KITNER by GARY IN THE COURT OF COMMON W. KITNER, attorney-in-fact, , PLEAS CUMBERLAND, COUNTY and hi.s wife, MIRIAM KITNER, PENNSYLVANIA Plaintiffs v. PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., t/d/b/a MOFFITT HEART AND VASCULAR GROUP - PHCVI, MINDI FRY C.R.N. P, DAVID PAWLUSH, M.D., Defendants NO: 12-5064 CIVIL ACTION -LAW MEDICAL MALPRACTICE LIABILITY ACTION JURY TRIAL DEMANDED PRACEIPE TO PLACE STIPULATON OF COUNSEL ON RECORD To the Prothonotary: o~,~~~ Please place the attached Stipulation of Counsel as a matter of records in regard to the above-captioned matter. Respectfully submitted, SCHMIDTKRAMER PC _._--- ,,,,... ~" ,% ~.~ .--- Y~ J -- _ --_--- Terry S. m /Esquire I.D. # 3 807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs DANIEL J. KITN`ER by GARY W. KITNER, attornep-in-fact, , and his wife, MIRIAM KITIITER, Plaintiffs v. PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, YNC., t/d/b/a MOFFITT I~iEART AND VASCULAR GROUP - PHCVI, MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D., Defendants :. IN fi HE COURT pI+' COMMON PLEAS CUMSERLA.ND, COUNTY : PEN'ri1SYLV,A-NIA No. ~2-064 evil : CIVIL ACTION -'LAW MEDICAL MALPRACTICE LYABILITY ACTION JURY TRIAL DEMANDED STIPULATION OF COUNSEL 1. t'la~uxtiff shall, at the end of factual discovery, file a verified ans~~eY to Moffitt -PG~IVI's interrogatory to identify these employees or agents for ~~hozxi Plaintiff clai.rns the Entity is vicariously .responsible other than Nurse Fx~r mad Dr. Pativlush. 2. Plaintiffs may file an .Amended Complaint as attached as Exhibit "A". ~. If Counsel for Defendant Moffitt-PCHVI is not satisfied ~vvxth Plaintiff's response in ~y fashion, Defendant may file Preliminary Objections to thy: lack of identificati.ar~ of its agents, employees or ostensible agents in the Gomplaizxt anti Plaintiff shall not assert tl~e untimeliness of the Preliminary Ok~jections as a basis for dismissing thez'n. Both parties sha11 be able to z~nake the same arnuments as could have been. made had the Preliminary Objections been zz~.adf: with 20 days of service ~~f the ,Arnerxded Complaint. 4. Subject to the above stipulation, Defendants shall file a timely Axa.swer to Plaintiffs' Amended Complaint and the parties shall pr'aceed to discove~v. _.~.., _, ~_. _.... .,. .mil H~Ct~"`O' 1Vexll, Esq. Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this r~~F~ day of October 2012, I, Janice S. Marmon, an employee of Schmidt Kramer PC, do hereby certify that I have se .rued a true and correct copy of the foregoing upon the following persons via United States mail, first class, postage prepaid as follows: Hugh. P. O'Neill, III, Esquire Thomas, Thomas 8s Hafer, LLF' 305 N. Front Street P.O. Box 999 Harrisburg, PA 1.7108 ~~~ t Janice S.;I~Iarmon~ Evan Black. Esquire Attorney l.D. 17884 ~ ~ t: Hugh P 0~?vleiti. llh Esquire Attorney l.D. F9986 ~-•r~ ' ~~ 30~ North Front Street ~ ~ '~ P.O. Bok 999 ~ ~ ~i ~. Harrishur~. PA 17108 ('I?1 ~'~~-764 Attorne~~s Cor I)efendant~ Pinnacle E{ealth Hospital. Pinnacle Health System. PHCVI -Pinnacle Health Cardiovascular Institute. Inc.. Mindi (~rv. C.F.N.P_ and David Pawlush. M.D. DANIEL .f. KITNER by GARY W. KITNER. attorney-in-fact. and his wife, MIRIAM KITNER Plaintiffs ~. IN THE COURT OF COMMON PLEAS CUMBEP.LAND COUNTY, PA CIVIL ACTION NO. 12-064 MOFI'ITT HEART & VASCULAR GROUP. A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC. MOFFITT HEART AND VASCULAR GROUP -PHCVI. PINNACLE HEALTH CARDIOVASCULAR INSTITUTE. INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH IIOSPITALS, INC.. MINDI FRY C.R.N.P.. DAVID PAWLUSH. M.D. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer and New Matter ~h~ithin twenty (?0) days from ser~~ice hereof or a judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~~ /~ ~~ 1 3 Dated: ~ ; l ~~ I ~ B~':~ ~ ---- ( Hugh P. O'Neill, III, Es uire Eva~~ Slack_ Esquire Attorney l.D. 17884 Hugh I'~ O'>vieill. II[. Esquire Attome~ LD.69986 30~ North Front Street Y.U. Bos 999 Harrishur<,, f':4 171(18 (?17)_'~>-764-1 Attorney-s for Defendants Pinnacle } iea.lth Hospital. Pinnacle Health System. PHCV1 - Pirmacle Health Cardiovascular Institute. Inc.. Mindi l n. C.R.NP. and David Pawlush. M.D. DANIEL .I. KITNER b~~ GARY W. hITNER, attorneys-in~-fact, and his wife, MIRL~M KITNER Plaintiffs ~. IN THE COtTRT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. I2-5064 MOFFIT7- HEART &; VASCULAR GROUP, A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT I-TEARY AND VASCULAR GROUP - PHCVI. PINNACLE HEALTI-I CARDIOVASCULAR INSTITUTE. INC.. PINNACLE HEALTH SYSTEM. PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P.. DAVID PAWLUSH, M.D Defendants 7URY TRIAL DEMANDED DEFENDANTS' ANSWER AND NEW MATTER TO THE AMENDED COMPLAINT 1- ~.. Denied. After reasonable investigation. Answering Defendants are ~~i_thout sufficient l,;nowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained in the corresponding paragraphs of Plaintiffs" Amended Complaint.. According?}~, all allegations are deemed denied. All allegations are placed at issue and strict proof thereo f is demanded. at the time of trial. 4. Admitted. ~. Admitted in part. denied in part. It is only admitted that Daniel Kitner «~as a patient of Defendant Moffitt - PHCVI and that the medical records reflect the involvement of Mindi Frti. CRNP. in the care of Mr. Kitner. All other allegations are placed at issue and sl:rict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is only admitted that Daniel Kitner w°as a patient of Defendant David Pawlush, M.D. and that the medical records reflect the involvement of David Pawlush. M.D.. in the care of Mr. Kitner. All other allegations are placed at issue and strict proof thereof is demanded at the time of trial. .. Denied. The corresponding paragraph of Plaintiffs' Amended Complaint is a legal conclusion to which no response is deemed required. To the extent a response is deemed required. all allegations are generally denied pursuant to Pa.R.C.P. 10~'9(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. K. Admitted. 9. Denied as stated. It is only admitted that the physicians and non-physician providers identified in the medical records of Daniel Kitner were employees of Pinnacle Health Cardiovascular Institute, Inc. 10. Admitted. l 1. Denied as stated. Rather the medical records of Plaintiff speak for themselves with regard to his medical condition. All allegations are placed at issue and generall}~ denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed issue and strict proof thereof is demanded at the time of trial. 12. Denied. Rather, the medical records speak for themselves regarding Plaintiff s medical condition. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 13. Denied. Rather, the medical records speak for themselves regarding Plaintiff s medical condition. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 14. Denied. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 15. Denied. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 16-18. Denied. The medical records speak for themselves regarding the care and treatment of Plaintiff. To the extent these allegations conflict with the medical records, said allegations are specifically denied. All allegations are generally denied pursuant to Pa.RC.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 19. Denied. All allegations are generally denied pursuant to Pa.RC.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 20. Denied. The Hotter monitor test result strips speak for themselves and the characterization thereof is denied. All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 21. Denied. Rather, the medical records speak for themselves. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 3 22. Denied. Rather, the medical records speak for themselves. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 23. Admitted in part, denied in part. It is only admitted that Dr. Frankeny performed knee surgery on Mr. Kitner on July 13, 2011. All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 24. Denied. Rather, the medical records speak for themselves. All other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 25. Denied. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 26. Denied. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 27. Denied. Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained in the corresponding paragraph of Plaintiffs' Amended Complaint. All allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 28. Denied. All allegations of negligence and causation are denied as conclusions of law. Moreover, all allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 29-31. Denied. Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained in the 4 corresponding paragraphs of Plaintiffs' Amended Complaint. All allegations are generally denied pursuant to Pa.R.C.P. 1029(el. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 32-39. Denied. All allegations of negligence and causation are denied as conclusions of law. Moreover, all allegations are also generally denied pursuant Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. COUNTI VICARIOUS LIABILITY OF MOFFITT -PHCVI DEFENDANTS 40. Denied. Answering Defendants incorporate their responses to Paragraphs 1-39 as if set forth here and at length. 41. Admitted in part, denied in part. It is only admitted that Dr. Pawlush and other physicians of the Moffitt-PHCVI Heart & Vascular Group were employees of Pinnacle Health Cardiovascular Institute, Inc. All other allegations are denied as conclusions of law, specifically denied, and generally denied pursuant pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 42. Admitted in part, denied in part. It is only admitted that Mindi Fry, CRNP, and other non-physician staff of Moffitt-PHCVI were employees of Pinnacle Health Cardiovascular Institute, Inc. All other allegations are denied as conclusions of law and generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof demanded at the time of trial.. 43. Denied. All allegations of negligence as described in subparagraphs small (a)-(1) and allegations of causation are denied as conclusions of law. All allegations are also generally 5 denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Moffitt-PHCVI demands judgment in its favor and against all other parties together with costs. COUNT II NEGLIGENT OF NIINDI FRY, CRNP 44. Answering Defendant incorporates her responses to Paragraphs 1-43 of the Amended Complaint as if set forth here and at length. 45. Denied. All allegations of negligence as described in subparagraphs (a)-(j) are denied as conclusions of law. By way of further answer, all allegations are also denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of time. WHEREFORE, Defendant Mindi Fry demands judgment in her favor and against all other parties together with costs. COUNT III -omitted in Amended Complaint COUNT IV NEGLIGENCE OF DAVID PAWLUSH, M.D. 46. Answering Defendant incorporates his responses to Paragraphs 1-45 as if set forth here and at length. 47. Denied. The allegations of negligence as described in subparagraphs (a)-(g) are denied as conclusions of law. All allegations are also generally denied pursuant to Pa.R.C.P. 6 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in his favor and against all other parties together with costs. NEW MATTER 48. Answering Defendants' responses to Paragraphs 1-47 of Plaintiffs' Amended Complaint are incorporated as if set forth herein at length. 49. Plaintiffs' Amended Complaint fails to state a claim upon which relief can be granted. 50. Plaintiffs' claims may be barred by the applicable statute of limitations 42 Pa. C.S.A. §5524. 51. Answering Defendants were at no time relevant to the within cause of action negligent or careless. 52. Any acts or omissions of Answering Defendants alleged to constitute negligence and/or carelessness and/or malpractice were not the substantial causes or factors of the subject incident and/or did not result in any incident or injuries alleged by Plaintiffs. 53. Plaintiffs assumed the risk of medical treatment rendered. 54. Plaintiffs' claims may be barred, limited or reduced by the Pennsylvania Comparative Act, 42 Pa. C.S.A. §7102 55. Plaintiffs' claims may be barred or reduced by the Fair Share Act. 7 56. If Plaintiffs suffered injuries as alleged, such allegations being specifically denied, Plaintiffs' injuries were caused by persons, entities, occurrences, instrumentalities or events unrelated to and not under the control of Answering Defendants. 57. Answering Defendants are entitled to and assert all defenses on limitations and damages which are available to it under the Health Care Services Malpractice Act, 40 Pa. C.S.A. §1301.1.01. et seq. 58. Answering Defendants at all times material hereto, acted in a careful, reasonable, and prudent manner consistent with the required standard of care. 59. Answering Defendants are entitled to and incorporates herein by reference the defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660. 60. The injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendants. 61. Any care and/or treatment which may have been provided by Answering Defendants were at all times, reasonable, proper, appropriate and conformed to the standard of care. 62. Pa.R.C.P. 238 for delay damages is inapplicable under the facts of the present case and is unconstitutional and in violation of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. 63. Plaintiffs may have entered into a release, discharging Answering Defendants from any liability whatsoever in this matter. 64. Plaintiffs' claims, the existence of which is specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or 8 benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. 65. At all times relevant hereto, Answering Defendants acted within and followed the precepts of a school of thought followed by a considerable number of qualified and well respected specialists in the field and, accordingly, their professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. 66. In the event that it is determined that Answering Defendants were negligent with regard to any of the allegations contained in and with respect to the Plaintiffs' Amended Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendants and over whom said Answering Defendants had no control, right of control, or responsibility and, therefore, Answering Defendants are not liable. 67. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of the Plaintiffs, then the conduct of Answering Defendants was not the legal cause of such conditions or injuries. 68. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (M 'Care) Act aik/a Act 13 of 2002 as alimit/bar to Plaintiffs' claims. 69. Answering Defendants incorporate the Stipulation of Counsel as filed with the Court and as if set forth here and at length. 9 WHEREFORE, Answering Defendants deny any and all liability to any party whatsoever, demand that the case be dismissed with prejudice, and that judgment be entered in their favor. Date: ~ ~ 1158941.1 Respectfully submitted THOMAS, THOMAS ER, LLP By Evan Black, Esquire Attorney No. 17884 Hugh P. O'Neill, Esquire Attorney No. 69986 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 10 VERIFICATION I, David Pawlush, M.D., hereby state and aver that I have read the foregoing Defendants' Answer and New Matter to the Amended Complaint which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. uOaoe~~- ~i1 Date C M David Pawlush, M.D. VERIF~CATIt9-1~T i, Minds Fry, C ILN.P., hereby state and aver that i have read the faregoizuig I?efendants' Answer and New Master to the Amended Complaint which was drafted by my counsel. The factual statements contained therein are tnze and correct to the best of my Imowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I maybe subject to criminal penalties. Date Minds Fry, :I~N.P. DANIEL J. KITNER by GARY W. KITNER, attorney-in-fact, and his wife, MIRIAM KITNER Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 12-5064 MOFFITT HEART & VASCULAR GROUP, A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P., DAVID PAWLUSH, M.D Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, of the law firm of Thomas, Thomas and Hafer, LLP, hereby state that a true and correct copy of the foregoing document was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Terry S. Hyman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP DATE: ~ %/z/ v • ~.~f.~.~.-~~f ~~,.-~ S e-Ellen Danielsen ~ ` SCHMIDT KRAMER PC ~~ BY: TERRY S. HYMAN, ESQUIRE ~~' I.D. #36807 ~~ 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff{s) thvman a,srklaw.com DANIEL J. KITNER by GARY w. IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his CUMBERLAND COUNTY, PENNSYLVANIA wife, MIRiAM KITNER. Plaintiffs v. MOFFITT HEART 8c VASCULAR GROUP, A PROFESSIONAL CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, MOFFITT HEART AND VASCULAR GROUP - PHCVI, PINNACLE HEALTH CARDIOVASCULAR INSTITUTE, INC., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, INC., MINDI FRY C.R.N.P, DAVID PAWLUSH, M.D. Defendants ~_ No. 12-5064 Civil t ' ~ ~~' ^;7 ` ~ '- CIVIL ACTION -LAW E n ~ - ` MEDICAL MALPRACTICE LIABILITY ~ ~ , ACTION - ~ -y ~ , _,~ .. T i"3 . w,c' fig... ~,~, _. f ~..~ JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER TO THE AMENDED COMPLAINT ,, i .,J {"/f,^ :.:,~ .. -~_ ,_W ~,; ~~ 48. - 69. The allegations herein are conclusions of law lacking any material facts upon which an affirmative defense may be based. These allegations, therefore, are insufficient as a matter of law to raise any of the defenses asserted herein. Plaintiff is not required to respond to conclusions of law to the extent any response is required, the allegations are denied pursuant to PA. R.C.P. 1029 (e). Respectfully submitted, PC Date: ;'~~ ~ ~ ~~ ~rry .Hyman, Esquire ID .36807 9 State Street Harrisburg, PA 17101 717/232-6300 Attorney for Plaintiffs r ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Date: l~/p ~/~ D ~~. CERTIFICATE OF SERVICE AND NOW, this 6th day of November 2012, I, Janice S. Harmon, an employee of Schmidt Kramer PC, do hereby certify that I have served a true and correct copy of the foregoing upon the following persons via United States mail, first class, postage prepaid as follows: Evan Black, Esquire Hugh P. O Neill, III, Esquire Thomas, Thomas 8s Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 ' e S. Harmon • CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 0"'G/AlAt PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL C= e �' MCD As a prerequisite to service of a subpoena for documents and thing P" sv%t M F to Rule 4009.22 =6 O r� zo Dn Z ?q' MCS on behalf of EVAN BLACK, ESQ. D.0 ,,,4m certifies that Z-i > -{ CA (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of int-nt to serve the subpoena. MCS on b f of DATE: 03/25/2013 AN BLACK, ESQ. Attorney for DEFENDANT KMUNSHOWF.RWTTHLAW.COH MCS # 84693-L21 DE12 3 25 "20 3 12:48 ply T > Schmldt.K amer Page 2 of 3 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 Phone: (215)246-0900 Fax: 215-531-5754 URGZW! ! ! ! ! URGENT! t t l URGENT 1 1 1 1 1 March 25, 2013 DANIEL JAMES KITNER JR. KITHER Vs HDFFIT HEART i VASCULAR GRR0Up,ET AL THOMAS, THOMAS & HAFER EVAN SLACK, ESQ. (717)237-7100 We have been requested by the above-mentioned counsel to obtain material on an expedited basis fromm the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice Period Provided in Rules 4009.21 and 4009.22. Please fax this form to us immediately at 213-531-5754 with vonr sian&tuve so that we may comply with this request. Tour cooperation would be greatly appreciated. Sincerely, Janice McCaffrey JMcCaffrey@themcsgroup.com Counsel: SCHMIDT, RONCA, ET AL TERRY S. HYMAN, ESQ. Fax: (717)232-6467 I agree to waive waiting period 'y Date Jde!Copie s: Yes Nom I agree to pay he invoice prowith the documents Review Documents: Yes No Advise of Cost YES/NO Scan/Upload I do not agree to waive rule: Date: Billing Info: Handling Paralegal RR1i1 - MCS # 84693-21 thru 21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL NOTICE OF INT=1 TO SERVE A OMPOWA TO PRODUCE DOC899T8 AND TRINES FOR DISCOVERY PURSUANT TO RULE 4009.21 PERRY PHYSICIANS MEDICAL RECORDS TO: TERRY S. HYMAN, ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/25/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 819-21709 THE MCS GROUP INC. TERRY S. HYMAN, ESQ. 1601 MARKET STREET SCHMIDT, RONCA, ET AL #800 209 STATE STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17101 MCS # 84693-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 VS. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOC—UMNTS OR TIMUNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PERRY PHYSICIANS (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: ***SEE ATTACHED RIVER**** at The M S tips Inc 1601 Market Street M suite 800,P '1 laia,PA-1 910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK FSO ADDRESS: 305 N.FRONT TRFET �O BOX 999 HARRIS [IR T- PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE Pro APR 0 2 2013 Civi Division Date: ✓ Deputy Seal of the Court 84693-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PERRY PHYSICIANS 4570 VALLEY ROAD SHERMANS DALE, PA 17090 RE: MCS # 84693-L21 DANIEL JAMS KITNER JR. Social Security #: XXX-XX-1181 Date of Birth: 09-21-1922 Please provide entire medical file, INCLUDE ANY AND ALL RECORDS PRIOR TO NOVEMBER 1. 2009, including but not limited to any and all records from 8/13/12 to the present, include correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possession, all archived records. or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Including any and all records prior to 11-1-09 to the present from Dr. Richard G. Bisbing. Prior a�ppproval is required for fees in excess of$150.0 0 for hospitals, $100.00 for all other providers. MCS # 84693-L21 SU10 1 r CERTIFICATE O�l PREREQUISITE TO SERVICE OF A SUBPOENA 1 p�V PURSUANT TO RULE 4009.22 jf IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL As a prerequisite to service of a subpoena for documents and things pur uant to Rule 4009.22 5-, -TI rn V-t r � t✓4 4 Cn (V {CD MCS on behalf of EVAN BLACK, ESQ. certifies thatr -' a J (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. MCS on behalf f DATE: 04/10/2013 AN BLA , ESQ. Attorney for DEFENDANT KMUNSHOWER @TTHLAW.COM MCS # 84693-L20 DE11 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LANDISBURG AMBULANCE CLUB RECORDS TO: TERRY S. HYMAN, ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/21/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 819-21709 THE MCS GROUP INC. TERRY S. HYMAN, ESQ. 1601 MARKET STREET SCHMIDT, RONCA, ET AL #800 209 STATE STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17101 MCS # 84693-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 VS. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LANDISBURG AMBULANCE CLUB (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Gr=,Inc., 1601 Market Street, Suite 800,Philadell2hia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ. ADDRESS: 305 N.FRONT STREET PO BOX 999 HARRISBURG,PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE COURT: 0 2013 Prothonotary/Clerk,Civil Division .APR 1 Deputy Date: Seal of de Court 84693-20 EXPLANATION OF REQII1RED RECORDS T0: CUSTODIAN OF RECORDS FOR: LANDISBURG AMBULANCE CLUB 301 FACULTY AVE. P.O. BOX 143 LANDISBURG, PA 17040 RE: MCS # 84693-L20 DANIEL JAMES KITNER JR. Social Security #: XXX-XX-1181 Date of Birth: 09-21-1922 ANY AND ALL RECORDS. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 84693-L20 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGM4AL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL C; c i !Ti As a prerequisite to service of a subpoena for documents and things �fft�su'd4t r to Rule 4009.22 Cn`-- w co C3 C7 r-;r C C5 w» _ MCS on behalf of EVAN BLACK, ESQ. y ? ` Tyr; certifies that -- cn (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/17/2013 EVAN BLAC SQ. Attorney for DEFENDANT MCS # 35302-LO1 DE12 4/Z/J13 MUS Mail-Fwd:3530;I&84653 Darnell Sole,?I�' Fwd: 35302 UNM Sierra Williams<sierra.williams @themcsgroup.com> Mon, Apr 22, 2013 at 1:44 PM To: Darnell Saleem <damell.saleem @themcsgroup.com> Hi Ms. D. Please see below. Opposing has waived the 20 days. Thank you ---- Forwarded message From: Gadd, C. Andrea <agadd@tthlaw.com> Date: Mon, Apr 22, 2013 at 1:35 PM Subject: Kitner MCS Group-20 Day Waiver by Plaintiffs' Counsel Terry Hyman, Esquire To: Sierra Williams <sierra.williams @themcsgroup.com> Cc: "O'Neill, Hugh P." <honeill@tthlaw.com>, "Gadd, C. Andrea" <agadd@tthlaw.com> Sierra - Please see below. Mr. Hyman has waived the 20 day Notice for the subpoenas we have requested via The MCS Group. Please move forward with filing the Prerequisite Certificate of Service of Subpoena for the 2 previous subpoenas directed to Perry Physicians and Perry Village for Mrs. Kitner as well as the additional 6 Subpoenas I ordered today for records pertaining to both Mr. Kitner and Mrs. l(itner (to: Perry County AAA, Carlisle Regional Medical Center, Dr. Marakowski/Perry Health Center, Angels on Call and West Shore EMS). Please send me updated Subpoena Requests for both Mr. & Mrs. Kitner today. Thank you! Andrea From: O'Neill, Hugh P. Sent: Monday, April 22, 2013 12:21 PM To: Kuhn, Kathy I t„ Subject: Fw: Kitner Connected by DRO1D on Verizon Wireless —Original message-- httn¢-Nmailnnnnlwrnm/mail/ra/?"ri=9R ik--wf14aa47lR uan=nfRc aarnh=inhn-Ath=1:3a'19r1Qkf4,4Ra . 1/ 4/CL13 MC:S Mail-FV4:3b3U2&Wi93 From: Terry Hyman <thyman @schmidtkramer.com> To: "O&apos;Neill, Hugh P." <honeill @tthlaw.com> Sent: Mon, Apr 22, 2013 14:44:20 GMT+00:00 Subject: Kitner Hugh I will provide the documents requested in your letter. I will also answer the interrogatories. I will not provide authorizations for records. I will waive the 20 day rule for subpoenas to obtain records. Miriam is a party. You can get the records by subpoena. Terry Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 (717) 232-6300 (phone) (717) 232-6467 (fax) thyman@schmidtkramer.com schmidtkramer.com www.schmidtkramer.com Facebook.com/SchmidtKramer Twitter.com/TalkToALawyer Sierra Williams MCS Records & Reporting 1601 Market Street, Suite 800 Philadelphia, PA 19103 Phone: 215-405-8199 Fax: 215-531-5784 Sierra.Williams @themcsgroup.com www.mcsrecordsreporting.com Certified WBENC Women's Business Enterprise Follow us on Facebook I Twitter I Linkedln Please consider the environment before printing this e-mail. Disclaimer. The content of this e-mail is intended solely for the use of the Individual or entity to whom it is addressed. If you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person, is strictly prohibited. If you have received this communication in error, please noti the author b re I in to this a-mail immediately. httnc•//mail nnnnIA.rnm/mail/na/?iii=9Rilr-hR fldaa471Ruauc ntRc aarrh=inhnAth_13a,.'A7dgrPF4kgrNq 7/3 4r'11J13 MUb Mail-Fwtl:3bW2 tic t34bV3 Blank Bkgrd.gif 1K DARNELL SALEEM (MCS RECORDS &REPORTING) Mon, Apr 22, 2013 at 2:29 <damell.saleem@themcsgroup.com> PM To: Sierra Williams <sierra.Wlliams @themcsgroup.com> Thanks [Quoted text hidden] Darnell Saleem MCS Records & Reporting 1601 Market Street, Suite 800 Philadelphia, PA 19103 Phone: 215-405-8183 Fax: 215-246-0959 Damell.Saleem@themesgroup.com www.m cs records reporting.corn Certified WBENC Women's Business Enterprise Follow us on Facebook I Twitter I Linkedln Records I h I N&� Reporwig� Please consider the environment before printing this e-mail. Disclaimer: The content of this e-mail is intended solely for the use of the lndividual or entity to whom it is addressed. If you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person, is strictly prohibited. If you have received this communication in error, please notify the author by replying to this e-mail immediately. httnq-//Haannnnnisrr nmlmaii/r.ir?in=9Ril=hf;fl4APA71P,\A -ntRcaarrh=inhnAth=I.UA')riQriq.FARarM � COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PROD IICE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PERRY PHYSICIANS MEDICAL RECORDS MANOR AT PERRY VILLAGE MEDICAL RECORDS & BILLING TO: TERRY S. HYMAN, ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends identical to the one that is attached to this notice. You ohavevtwenty (20)subpoena days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by Completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/17/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 819-21709 TERRY S. HYMAN, ESQ. THE MCS GROUP INC. SCHMIDT, RONCA, ET AL 1601 MARKET STREET 209 STATE STREET #800 PHILADELPHIA, PA 19103 HARRISBURG, PA 17101 (215) 246-0900 MCS # 35302-COI DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 vs. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PERRY PHYSICIANS (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group.Inc.. 1601 Market Street. Suite 800 Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK ESQ. ADDRESS: 305 N FRONT STREET PO BOX 999 HARRISBURG,PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE COURT: Prot onotary/Clerk 1 ivision 2013 uty Date: Seal of the Court 35302-01 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: PERRY PHYSICIANS 4570 VALLEY ROAD SHERMANS DALE, PA 17090 RE: MCS # 35302-LO1 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-07-1927 Please provide entire medical file from 01-01-2003 to the present, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-L01 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS be al o DATE: 04/17/2013 EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 35302-L02 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 VS. MOFFIT HEART&VASCULAR GROUP, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MANOR AT PERRY VILLAGE (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group.Inc.. 1601 Market Street,Suite 800.Philadelphia,PA 19103 You may deliver or mail legible copies of the documents-or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE COURT: Prot onotary/ Civil Division APR ,2 4 2013 F)I p ut y Date: / lb Seal of the Court , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MANOR AT PERRY VILLAGE 213 E. MAIN STREET NEW BLOOMFIELD, PA 17068 RE: MCS # 35302-LO2 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-07-1927 Entire medical and billing file from 01-01-2003 to the present, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such. items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-LO2 SU10 " o CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 1 PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO 12-5P4 r MOFFIT HEART & VASCULAR GROUP, ET AL ?t- As a prerequisite to service of a subpoena for documents and things =Supt to Rule 4009.22 _' MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS o b f of DATE: 04/22/2013 EVAN BLACK, ErSQr Attorney for DEFENDANT MCS # 35302-L03 DE12 .....++.:.v..-• rru..JJJtiL Vl VtVAJ S Dzirnoll Saleem < arnell.s c n(§ther;3cs9r .coV.n> Fwd 35302 &tagi73 r� 2 messages Sierra Williams<sierra.williams@themcsgroup.com> Mon, Apr 22, 2013 at 1:44 PM To: Damell Saieem <damell.saleem @themcsgroup.com> If Ms. D. Please see below. Opposing has waived the 20 days. Thank you Forwarded message From: Gadd, C. Andrea <agadd @tthlaw.com> Date: Mon, Apr 22, 2013 at 1:35 PM Subject: Kltner MCS Group-20 Day Waiver by Plaintiff's'Counsel Terry Hyman, Estluire, To: Sierra Williams <sierra.williams @themcsgroup.eom> Cc: "O'Neill, Hugh P." <honeill @tthlaw.com>, "Gadd, C. Andrea" <agadd cr tthlaw.com> Sierra - Please see below. Mr. Nyman has waived the 20 day Notice for the subpoenas we have requested via The MCS Group: Please move forward with filing the Prerequisite Certificate of Service of Subpoena for the 2 previous subpoenas directed to Perry Physicians and Perry:Village for Mrs. IGtner as well as the additional:.6 Subpoenas I ordered today for records pertaining to both.Mr. I itner and Mrs. Kitner (to: Perry County AAA, Carlisle Regional Medical Center, Dr. Marakowski/Perry Health Center, Angels on Call and West Shore EMS). Please send me updated Subpoena Requests for both Mr.& Mrs. Kitner today. Thank you! Andrea From:O'Neill, Hugh P. Sent: Monday, April 22, 2013 12:21 PM To: Kuhn, Kathy I Subject: Fw: Kitner Connected by DRUID on Verizon Wireless --Original message-- fittnc•(l t'vvyilmm�lvmrrdmaiUra('Ai=�Ri{r-hfifiA�atl7lR�iaur-ritRcaarrh-inhnrRth=1'�a7�rl�}rl4�idRai7� �('� From:Terry Hyman <thyman @schmidtkramer.com> To: "O&apos;Neill, Hugh P." <honeill @tthlaw.com> Sent: Mon, Apr 22, 2013 14:44:20 GMT+00:00 Subject: Kitner Hugh I will provide the documents requested in your letter. I will also answer the interrogatories. I will not provide authorizations for records. I will waive the 20 day rule for subpoenas to obtain records. Miriam is a party. You.can get the records by subpoena. Terry Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 (717) 232-6300 (phone) (717) 232-6467 (fax) thyman @schmidtkramer.com www.schmidtkramer.com Facebook.com/SchmidtKramer TvAtter.com/T6lkToALawyer Sierra Williams MCS Records & Reporting 1601 Market Street, Suite 800 Philadelphia, PA 19103 Phone: 215-405-8199 Fax: 215-531-5784 Sierra.Williatns@themcsgroup.com www.mcsrecordsreporting.com Certified WBENC Women's Business Enterprise Follow us on Facebook Twitter Linkedln Records III I III M ,� i t; . ' Q9 i Please consider the environment before printing this a-mail. i Disclaimer. The content of this e-mail is intended solely for the use of the Individual or entity to whom it is addressed. 9 you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person, is strictly prohibited. If you have received this communication in error, please noti the author b re lying to this e-mail immediately. httnc•//mailnnnniarnmlmaiI Inn I?iii=7Rilr-hRf14aa 4718Wanr-ntR.caarrh=inhn-.th=13a49riQdq.r4Ra - 4/!1113 MUS Mail-Fv4a:35:A 2&t346Y,i Blank Bkgrd.gif 1K DARNELL SALEEM (MCS RECORDS & REPORTING) Mon, Apr 22, 2013 at 2:29 <damell.saleem @themcsgroup.com> To: Sierra Williams <sierra.williams @ themcsgroup.com> PM Thanks [Quoted text hidden] Darnell Saleem MCS Records & Reporting 1.601 Market Street, Suite 800 Philadelphia,.PA 19103 Phone: 215-405-8183 Fax: 215-246-0959 Darnell.Saleem @themcsgroup.com www.mcsrecordsreporting.com Certified WBENC Women's Business Enterprise Follow us on Facebook Twitter Unkedin .. 'o��I a�s 29 Please consider the environment before printing this e-mail. Disclaimer: The content of this e-mail is intended solely for the use of the Individual or entity to whom it is addressed.If you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person,is strictly prohibited. If you have received this communication in error, please notify the author by replying to this e-mail immediately. httn¢•//mail nr velarnm/maiUna/�iN-�RilrhFifldaar171Ruiaan�rtRcaarrh=inhndtth-1r1QrLQfi4Ra3 �� COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -vs- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PERRY CTY AREA AGENCY ON MEDICAL RECORDS & BILLING CARLISLE REGIONAL MEDICAL CTR MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR RADIOLOGY JAMES MARAKOWSKI, D.O. MEDICAL RECORDS TO: TERRY S. HYMAN, ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/22/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. 819-21709 THE MCS GROUP INC. TERRY S. HYMAN, ESQ. 1601 MARKET STREET SCHMIDT, RONCA, ET AL #800 209 STATE STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17101 MCS # 35302-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 vs. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PERRY CTY AREA AGENCY ON (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group Inc 1601 Market Street Suite 800,Philadelphia-PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 5 NAME: EVAN BLACK,ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY T C T: Prothono Jerk, Ovil Division A RR262013 Date: Deputy `1 Ta Seal.of the Court 35302-03 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: PERRY CTY AREA AGENCY ON AGING, PO BOX 725 2 W. MAIN STREET NEW BLOOMFIELD, PA 17068 RE: MCS # 35302-LO3 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-27-1927 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form. Including applications. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-LO3 SUM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on.hehalf of DATE: 04/22/2013 EVAN B CK, ESQ. Attorney for DEFENDANT MCS # 35302-L04 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. _ 12-5064 vs. MOFFIT HEART&VASCULAR GROUP, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTA HED RIDER at The M roue Inc.- 1601 Market Sire et,Suite 800,Philadelphia,PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ. ADDRESS: 305 N FRONT STREET PO BOX 999 _HARRISBURG,PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY OURT: -- APR 2 6 2013 Prothono ry/Clerk, vil Division Date: Deputy Seal of the Court 35302-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDRIA SPRING RD MEDICAL RECORDS CARLISLE, PA 17015 RE: MCS # 35302-LO4 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-27-1927 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Including in/outpatient and ED records. Dates from 1/1/03-present. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-LO4 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on be f of DATE: 04/22/2013 EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 35302-L05 DE12 x , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 VS. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC Group, Inc.- 1601 Market Street,Suite 800,Philadelphia.PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK.ESO. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE COURT: = APR 2 6 2013 Prothono Jerk,Civi Division Date: ��y /,3 Deputy Seal of the Court 35302-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDRIA SPRING RD RADIOLOGY DPT CARLISLE, PA 17013 RE: MCS # 35302-LO5 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-27-1927 PLEASE PROVIDE RADIOLOGY REPORTS FROM 1/1/03-PRESENT. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-LO5 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/22/2013 2& EVAN BLACK, ESQ. Attorney for DEFENDANT MCS # 35302-L06 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 vs. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JAMES MARAKOWSKI.D.O. (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The M S Group.Inc., 1601 Markel Street.Suite 800,Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ_ ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG,PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant QZhoerk,T: Civ 1 Division A�'' � � 213 ,( I /J Deputy Date: Seal of the Court 35302-06 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: JAMES MARAKOWSKI, D.O. C/O PERRY HEALTH CENTER 1100 MONTOUR RD LOYSVILLE, PA 17047 RE: MCS # 35302-L06 MIRIAM REBECCA BAER KITNER .Social Security #: XXX-XX-5218 Date of Birth: 07-27-1927 Please provide entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten notes, history, physical reports, and all prescriptions records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Dates from 1/1/01-present. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 35302-LO6 SU10 r. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 OR'G/IVAL IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL As a prerequisite to service of a subpoena for documents and things pl?sua M Y11 to Rule 4009.22 - Z-0 ---i rn Co :DL CD MCS on behalf of EVAN BLACK, ESQ. certifies that -T-1 3j (1) A notice of intent to serve the subpoena with a copy of the--subpoena' attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/22/2013 mze'4 EVAN BLA K, ES(Y. Attorney for DEFENDANT MCS # 84693-L22 DE12 ` Darnell Sale ern -d rneli.saleem( he c-n;groupxo I> LEO— Fwd: 3EM ,& 84693 messages . Sierra Williams<sierra.williams @themcsgroup.com> Mon, Apr 22, 2013 at 1:44 PM To: Dameil Saleem <damell.saleem @themcsgroup.com> Hi Ms. D. Please see below. Opposing has waived the 20 days. Thank you Forwarded message From: Gadd, C. Andrea <agadd cY tthlaw.com> Date: Mon, Apr 22, 2013 at 1:35 PM Subject: Kitner MCS Group -20 Day Wah er by Plaintiffs'Counsel Terry Hyman, Esquire To: Sierra Williams <sierra.williams @themcsgroup.com> Cc: "O'Neill, Hugh P." <honeiii@tthlaw.com>, "Gadd, C. Andrea" <agadd@tthlaw.com> Sierra - Please see below. Mr. Hyman has waived the 20 day Notice for the subpoenas we have requested via The MCS Group. Please move forward with filing the Prerequisite Certificate of Service of Subpoena for the 2 previous subpoenas directed to Perry Physicians and Perry Village for Mrs. Kitner as well as the additional 6 Subpoenas I ordered today for records pertaining to both Mr. Kitner and Mrs. Kitner (to: Perry County AAA, Carlisle Regional Medical Center, Dr. Marakowski/Perry Health Center, Angels on Call and West Shore EMS). Please send me updated Subpoena Requests for both Mr. & Mrs. Kitner today. Thank you! Andrea From; O'Neill, Hugh P. Sent: Monday, April 22, 2013 12:21 PM To: Kuhn, Kathy). Subject: Fw: Kitner Connected by DROID on Verizon Wireless —Original message-- httnc'//mail rrmn la rnrrlmaillra!? i- Rik=tfl4aad79Ruav=ntRcaarrh=inhnxRth=1?a�7riQrKirr2Rart? �/� From: Terry Hyman <thyman @schmidtkramer.com> To: "O&apos;Neill, Hugh P." <honeill @tthlaw com> Sent: Mon, Apr 22, 2013 14:44:20 GMT+00:00 Subject: Kitner Hugh I will provide the documents requested in your letter. I will also answer the interrogatories. I will not provide authorizations for records. I will waive the 20 day rule for subpoenas to obtain records. Miriam is a party. You can get the records by subpoena. Terry Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 (717)232-6300 (phone) (717) 232-6467 (fax) thyman@schmidtkramer.com www.schmidtkramer.com Facebook.com/SchmidtKramer Twitter.com/TalkToALawyer Sierra Williams MCS Records & Reporting 1601 Market Street, Suite 800 Philadelphia, PA 19103 - Phone: 215-405-8199 Fax: 215-531-5784 Sierra.Williams @themcsgroup.com www.nicsrecordsreporting.com Certified WBENC Women's Business Enterprise Follow us on Facebook Twitter Linkedln Please consider the environment before printing this e-mail. Disclaimer: The content of this e-mail is intended solely for the use of the Individual or entity to whom it is addressed. If you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person, is strictly prohibited. If you have received this communication in error, please noti the author b re I in to this a-mail immediately. hftm- mail nrxxtlarnm/maill r a/viii= Rik=h(if1daad7lRiaur_ntRcaarrh=inhnxRthcl�a��rlgrlQfidRara�� 9/3 Blank Bkgrd.gif 1K DARNELL SALEEM (MCS RECORDS & REPORTING) Mon, Apr 22, 2013 at 2:29 <damell.saleem @themcsgroup.com> PM To: Sierra Williams <sierra.williams @themcsgroup.com> Thanks [Quoted text hidden] Darnell Saleem MCS Records & Reporting 1601 Market Street, Suite 800 Philadelphia, PA 19103 Phone: 215-405-8183 Fax: 215-246-0959 Damel1.Saleem@themcsgroup.com www.mcsrecordsreporting.com Certified WBENC Women's Business Enterprise Follow us on Facebook Twitter Linkedln it ords Via.eporting Please consider the environment before printing this e-mail. Disclaimer: The content of this e-mail is intended solely for the use of the Individual or entity to whom it is addressed. If you have received this communication in error, be aware that forwarding it, copying it, or in any way disclosing its content to any other person, is strictly prohibited. If you have received this communication in error, please notify the author by replying to this e-mail immediately. httric//mail nrwila rnm/mail/ra/viii-�RilrhFf14ACV171Rvirmnr_ntR..Parr.hcinhn)Ath-1�a49ci. gri4Rari�� �� COMMONWEALTH OF .PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL NOTICE OF INTENT TO` SERVE'A SUBPOENA TO PRODUCE- DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 .21 PERRY CTY AREA AGENCY ON MEDICAL RECORDS & BILLING ANGELS ON CALL RECORDS WEST SHORE EMERGENCY MED SERV. EMS RECORDS TO: TERRY- S. HYMAN, .ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK,. ESQ. intends.,to serve.a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an! obj,ection :to the subpoena:. If the twenty day notice period is waived or, if no obj ection,is made_, then, the subpoena.-maybe served. Complete copies of any reproduced ,records ,may be _ordered at,your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/22/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 819-21709 - THE MCS GROUP INC. TERRY S. HYMAN, ESQ. , 1601 MARKET STREET SCHMIDT, RONCA, ET AL #800 209 STATE STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17101 MCS # 84693-COI DE02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PERRY CTY AREA AGENCY ON AGING, PO BOX 725 2 W. MAIN STREET NEW BLOOMFIELD, PA 17068 RE: MCS # 84693-L22 DANIEL JAMES KITNER JR. Social Security #: XXX-XX-1181 Date of Birth: 09-21-1922 Entire medical and billing file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records. including any and all such items as may be stored in a computer database or otherwise in electronic form. Including applications. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 84693-L22 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/22/2013 ZY4 EVAN BLACK, ESQ Attorney for DEFENDANT MCS # 84693-L23 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 vs. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ANGELS ON CALL (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group,Inc.. 1601 Market Street Suite 800-Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ. ADDRESS: 305 N. ERAGNT STREET PO BOX 999 HARRISBURG,PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY C RTA Pro F5�4�e k,Civil vision AP 1113 c:ko I Date: Deputy Seal of the Court 84693-23 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANGELS ON CALL 32 REDHILLL COURT NEWPORT, PA 17074 RE: MCS # 84693-L23 DANIEL JAMES KITNER JR. Social Security #: XXX-XX-1181 Date of Birth: 09-21-1922 PLEASE PROVIDE ANY AND ALL RECORDS, INVOICE. BILLING OR INFORMATION REGARDING HOME HEALTH CARE SERVICES AND MAINTENANCE SERVICES PROVIDED TO DANIEL J KITNER, JR. AND MIRIAM B KITNER. Prior approval is required for fees in excess of$150.00 for hospitals, $100000 for all other pro s. MCS # 84693-L23 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND _VS_ CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/22/2013 — � Aek EVAN 4UCk, Attorney for DEFENDANT MCS # 84693-L24 DE12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 vs. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WEST SHORE EMERGENCY MED SERV. (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents of things: **** SEE ATTACHED RIDER**** at The MCS Group,Inc.. 1601 Market Street,Suite 800-Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESQ. ADDRESS: 305 N.FRONT STREET PO BOX 999 HARRISBURG.PA 17108 TELEPHONE: (215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY THE GQURT: Q '--Vr�to Jerk,Civil ivision 13 PC)Illy,. Deputy Date: I — Seal of the Court 84693-24 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: WEST SHORE EMERGENCY MED SERV. 205 GRANDVIEW AVE. SUITE 211 CAMP HILL, PA 17011 RE: MCS # 84693-L24' DANIEL JAMES KITNER JR. Social Security #: XXX-XX-1181 Date of Birth: 09-21-1922 Please provide all treatment, transport, and any refusal of treatment records . This should contain all records in your possession, all archived records and records in storage. Include any items as may be stored in a computer database or otherwise in electronic form. Complete copy of any and all Emergency Medical Service Records, ambulance records, Emergency medical personnel notes, correspondence and bills. Including but not limited to service rendered on or about 7114111, 7120111 & 8/2/11. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 84693-L24 SU10 CERTIFICATE LJ oncINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, CUMBERLAND _VS_ CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL f_0 As a prerequisite to service of a subpoena for documents and thingsf—­A-Wsdaht to Rule 4009.22 C) l C:) MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on be, f o f f Of DATE: 07/15/2613 E CK, ESQ. Attorney for DEFENDANT MCS # 35302-L07 DE12 07-16-'13 16:27 FROM- T-603 P0001/0001 F-769 ,iV/dV J.J 11iNU MM •' u avwauwbr 1601 MARKET STREET,#800, PHILADELPHIA, PA 19103 Phone: (215)246-0900-Fax: 215-531-5754 URGENT11111 URGENTM! URGENTUM July 15,2013 MIRIAM REBECCA BAER KITNER KITNER Vs MOFFir HEART&VASCULAR GROUP, Er AL THOMAS,THOMAS&HAFER EVAN BLACK,ESQ. (717)237-1100 we have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians.In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22.please fax this form to us immediately at 215-531-5754 with your sign a�,ire so that we may comply with this request. Your cooperation would be greatly appm ia". Sincerely, Janice McCaffrey JMcCaffrey@themcsgroup.com Counsel: SCHMIDT, RONCA, Er AL. TERP,Y S. HYMAN,ESQ. Fax: (717)232-6467 / I agree to waive waiUno. period .. Date: A.Y /A copies:Yes No ee top 'AV&ce provided wittythe docu eats Review Documents: Yes No AdviSe C 'Cost YESINO Scan/Upload I do not agree to waive rule: Date: Billing Info: Handling ;Paralegal RRw1--MCS 4P 35302.07 thru 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS KITNER TERM, -VS- CASE NO: 12-5064 MOFFIT HEART & VASCULAR GROUP, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HEALTHSOUTH REHAB RECORDS TO: TERRY S. HYMAN, ESQ. , PLAINTIFF COUNSEL MCS on behalf of EVAN BLACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/15/2013 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT CC: EVAN BLACK, ESQ. - 819-21709 THE MCS GROUP INC. TERRY S. HYMAN, ESQ. 1601 MARKET STREET SCHMIDT, RONCA, ET AL #800 209 STATE STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17101 MCS # 35302-001 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KITNER File No. 12-5064 VS. MOFFIT HEART&VASCULAR GROUP,ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH REHAB (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group,Inc—1601 Market Street.Suite 800.Philadelphia,PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the eight to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK,ESO. ADDRESS: 305 N.FRONT STREET PO BOX 999 HARRISBURG,PA-17108 TELEPHONE: (215)246-0900 SUPREME COURT ID 4: ATTORNEY FOR: Defendant BY Pfv_t�htary/Clerk, ivil Division JUL 19 2013 Deputy Date: VSeal of the Court ,T t� EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: . HEALTH50UTH REHAB 175 LANCASTER BLVD P.O. BOX 2016 MECHANICSBURG, PA 17055 RE: MCS # 35302-L07 MIRIAM REBECCA BAER KITNER Social Security #: XXX-XX-5218 Date of Birth: 07-07-1927 PLEASE PROVIDE ANY AND ALL REHABILITATION RECORDSTO INCLUDE REPORTS, CONSULTATION, PHYSICAL THERAPY, PROGRESS NOTES, FROM jANUARY1, 2008 TO THE PRESENT DATE AND SPECIFICALLY INCLUDE HEALTHSOUTH REHAB RECORDS FOR DISCHARGE FROM CARLISLE REGIONAL MEDICAL CENTER ON 7/28/09 TO HEALTH SOUTH REHAB. Prior approval is required for fees in excess of$150.00 for hospitals, $100.00 for all other providers. MCS # 35302-L07 SU10 DANIEL J.KITNER by GARY.W : IN THE COURT OF COMMON PLEAS KITNER,attorney-in-fact,and his wife, : CUMBERLAND.COUNTY;PA MIRIAM KITNER Plaintiffs CIVIL ACTION V. NO. I2-506-4 C , G MOFFrI'T HEART&VASCULAR .p W GROUP,A PROFESSIONAL �M CORPORATION, CARDIOLOGY ;a c. DIAGNOSTIC ASSOCIATES,LLC, � o o MOFFITT HEART AND VASCULAR GROUP--PHCVI PINNACLE P"� 3 Z_O C� r HEALTH CARDIOVASCULAR yc� � INSTITUTE,NC.,PINNACLE HEALTH SYSTEM,PINNACLE HEALTH HOSPITALS,INC.,MINDI FRY C.R.N.P.,DAVIT}PAtiVLUSH,M.D. .Defendants JURY TRIAL DEMANDED STIPULATION OF THE PARTIES TO DISMISS DAVID U. PAWLUSH,M.D. AS A D.EFENDAN'T The undersigned counsel hereby stipulate and .agree that David G. Pawlush, M.D. is hereby dismissed as a party defendant to this case with prejudice. Neither party will argue the dismissal of David G. Pawiush, M.D., in any er at the time of trial. Terry yrn qu a Evan Black, squi e . Co sel far Plai tiffs Hugh P. O'Neill',Esquire Counsel for I}eI'dhdanfs_. ...- _ x . ate► l �f�- aGSlB � . .. DANIEL J. KITNER by GARY W. : IN THE COURT OF COMMON PLEAS KITNER, attorney-in-fact, and his wife, : CUMBERLAND COUNTY, PA MIRIAM KITNER : Plaintiffs : CIVIL ACTION v. . : NO. 12-5064 MOFFITT HEART &VASCULAR : GROUP,A PROFESSIONAL • ' CORPORATION, CARDIOLOGY DIAGNOSTIC ASSOCIATES, LLC, '- ?=°, _r�, m , MOFFITT HEART AND VASCULAR v r- GROUP-PHCVI, PINNACLE '`"' HEALTH CARDIOVASCULAR :>r °- INSTITUTE, INC., PINNACLE �' c-_-.,- -- .-, HEALTH SYSTEM, PINNACLE • HEALTH HOSPITALS, INC., MINDI : FRY C.R.N.P. : Defendants : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE AND END, WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as discontinued and ended,with prejudice. Respectfully submitted, r' By: F--- ' Tey.l. Hyman, Esquire ,kflorney ID No. 36807 Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff Date: l( Il '5-11 3 1397136.1 CERTIFICATE OF SERVICE I, Michele A. Koharcheck, of the law firm of Thomas, Thomas and Hafer, LLP, hereby states that a true and correct copy of the PRAECIPE TO DISCONTINUE AND END, WITH PREJUDICE,was served upon counsel of record by facsimile and first-class United States mail, postage prepaid, addressed as follows: Terry S. Hyman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP Date: Pethad6,' , Michele A. Koharcheck