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HomeMy WebLinkAbout04-5835JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.. 044 - SPAS' FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, : CIVIL ACTION -LAW Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address: Frank C. D'Amico, M.D. 5 Willow Mill Park Road Mechanicsburg, PA 17055 Knight, Boline, D'Amico Urology Associates 5 Willow Mill Park Road Mechanicsburg, PA 17055 Thank you. Lesli M. Fields, Esquire I. D. # 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: 6-r /R 1_00I w? VCID ?4 d C J r= s' VD C} l 1 w J JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1 FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, : CIVIL ACTION -LAW Defendants : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. (-74 Dated: '43&o 19, 7r",y _ Curt Long, Prothonotary ?:?7 Seal of the Court 00 JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No.: 04-5835 Civil Term FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, : CIVIL ACTION -LAW Defendants : JURY TRIAL DEMANDED PRAECIPE FOR RE-ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue a writ of summons upon the above named defendants at the following address(s): Frank C. D'Amico, M.D. 2626 North Third Street Suite 3C Harrisburg, PA 17110 Knight, Boline, D'Amico Urology Associates 2626 North Third Street Suite 3C Harrisburg, PA 17110 Thank you. B Leslie . Fields, Esquire 1. D. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiffs Date: December 9, 2004 JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS OF DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. FRANK C. D'AMICO, M.D. AND KNIGHT, BOLINE D'AMICO UROLOGY,: DEFENDANTS : 04-5835 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this Ali day of September, 2005, the preliminary objections of defendants to plaintiffs' complaint, ARE DISMISSED. By the Court, Edgar ,Zeslie M. Fields, Esquire For Plaintiffs ,Wiley P. Parker, Esquire For Defendants ,,dames J. Dodd-o, Esquire :sal ?l a`? dc C. i G i n. D N 1: U JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS OF DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. FRANK C. D'AMICO, M.D. AND KNIGHT, BOLINE D'AMICO UROLOGY,: DEFENDANTS • 04-5835 CIVIL TERM JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, PLAINTIFFS V. RUSSELL S. OWENS, M.D. AND MID PENN UROLOGY, INC., DEFENDANTS AND NOW, this "Z b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0195 CIVIL TERM ORDER OF COURT of September, 2005, the motion of plaintiffs to consolidate the above two captioned cases, IS GRANTED. The cases ARE CONSOLIDATED. Leslie M. Fields, Esquire For Plaintiffs James J. Dodd-o, Esquire For Russell S. Owens, M.D. and Mid Penn Urology, Inc. Wiley P. Parker, Esquire For Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates :sal JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS OF DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. FRANK C. D'AMICO, M.D. AND KNIGHT, BOLINE D'AMICO UROLOGY,: DEFENDANTS : 04-5835 CIVIL TERM JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, PLAINTIFFS V. RUSSELL S. OWENS, M.D. AND MID PENN UROLOGY, INC., DEFENDANTS AND NOW, this ''Z?o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0195 CIVIL TERM ORDER OF COURT of September, 2005, the motion of plaintiffs to consolidate the above two captioned cases, IS GRANTED. The cases ARE CONSOLIDATED. -- By the Court, loor Edgar B. Bayley, J. Leslie M. Fields, Esquire For Plaintiffs James J. Dodd-o, Esquire For Russell S. Owens, M.D. and Mid Penn Urology, Inc. Wiley P. Parker, Esquire For Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates :sal fj zod JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 Civil Term VS. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY Defendants CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: PROTHONOTARY: Please enter the appearance of Wiley P. Parker, Esquire, of the law firm of Henry & Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, on behalf of Frank C. D'Amico, M.D., the Defendant. Date: February 2, 2005 HENRY & BEA P B Wiley P. P ker,'Esquire I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendant, Frank C. D'Amico, M.D. ;' , t ,-?. ?.- _ _t, <<, ,? :. JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil Term vs. FRANK C. D'AMICO, M.D., AND : CIVIL ACTION - LAW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEMANDED Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO: THE PROTHONOTARY: Enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or judgment of non pros will be entered. C WILEY P. PAIRKER, ESQUIRE I.D.#20653 Attorney for Defendant, Frank C. D'Amico, M.D. TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof or suffer judgment of non pros. Prothonotary r 1 t? `? ` t'' ??,? SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05835 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS D'AMICO FRANK C MD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAMICO FRANK C MD but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 5 WILLOW MILL PARK ROAD NOT FOUND , as to . DAMICO FRANK C MD MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers.: Docketing 18.00 Service 8.14 Not Found 5.00 R. Thomas Kline Surcharge 10.00 S eriff of Cumberland County .00 41.14 COSTOUPOLOS FOSTER FIELDS 12/06/2004 Sworn and subscribed to before me this day of vp.5 A.D. Prdtlionotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05835 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS D"AMIGO FRANK C MD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KNIGHT BOLINE DAMICO UROLOGY ASSOCIATES but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT ASSOCIATES T<NTTrT-TT PnT,TRT7 n.aMTrn TTPnT.O(',V 5 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers. Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kli e Surcharge 10.00 Sheriff of Cumberland County .00 21.00 COSTOUPOLOS FOSTER FIELDS 12/06/2004 Sworn and subscribed to before me this day o ?U A. D. Pr t onotary ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS D'AMICO FRANK C MD ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAMICO FRANK C MD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 30th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co So answers,,.- 18.00 9.00 10.00 R. Thomas Kline 36.00 Sheriff of Cumberland County .00 73.00 12/30/2004 COSTOPOULOS FOSTER FIELDS Sworn and subscribed to before me this & day of -2 A.D. 1 Prothonotary ' f SHERIFF'S RETURN - OUT OF COUNTY % CASE NO: 2004-05835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIPPART JAMES L ET AL VS D'AMICO FRANK C MD ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KNIGHT BOLINE DAMICO UROLOGY but was unable to locate Them ASSOCIATES , to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 30th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 12/30/2004 COSTOPOULOS FOSTER FIELDS So answers: 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribed to before me this ? day of Lr21 5? A.D. 0 )Q4 Prothonotary - w The Court of Common P ie-!zs of Cu erlan CO It-3T, e S *Ijj an James L. Lippert et al vs. Frank C. D'Amico et al SERVE: Frank C. D'Amico MD No. 04-5835 civil Now December 16. 2004 9 L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputizee Sheriff of Dau"in County to execute this writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original So answers, the contents thereof. Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania James L. Lippert et al vs. Frank C. D'Amico et al SERVE: Knight Boline D'Amico Urology Associates No. 04-5835 civil Now, December 16, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and grade known to Sworn and subscribed before me this day of 7 20 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA (owl", Of t4E 0shCriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin • LIPPERT JAMES L ET AL vs • D'AMICO FRANK C Sheriff's Return No. 7148-T - - -2004 OTHER COUNTY NO. 04 5835 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:December 23, 2004 at 10:41AM served the within REISSUED WRIT OF SUMMONS D'AMICO FRANK C upon by personally handing to JANE ANDREWS-BUSINESS MANAGER 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 4310 LONDONDERRY ROADET SUITE 101 HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 27TH day of DECEMBER, 2004 117? NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, ? )( e,;? Sheriff of Dauphin County, Pa. D P ty e u Sheriff's Costs:$36.00 PD 12/20/2004 RCPT NO 202430 GM (D£f'tC¢ Of 14E ?4prfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LIPPERT JAMES L ET AL vs County of Dauphin D' AMICO FRANK C Sheriff's Return No. 7148-T - - -2004 OTHER COUNTY NO. 04 5835 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW-.December 23, 2004 at 10:41AM served the within REISSUED WRIT OF SUMMONS upon KNIGHT, BOLINE, D'AMICO UROLOGY ASSOCIAT by personally handing to JANE ANDREWS-BUSINESS MANAGER 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 4310 LONDONDERRY ROAD SUITE 101 HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 27TH day of DECEMBER, 2004 11104><?- /Jl??.i/ (J NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin County, Pa. puty here Sheriff's Costs:$36.00 PD 12/20/2004 RCPT NO 202430 GM JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No.: 04-5835 Civil Tenn FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY : ASSOCIATES, CIVIL ACTION - Medical Professional Liability Action Defendants JURY TRIAL DEMANDED Certificate of Merit as to Frank C. D'Amico. M.D. Name of Defendant I, Leslie M Fields Esg certify that: Attorney or Party [X ] an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to he undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. (Attorney or Party) I JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY : ASSOCIATES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-5835 Civil Tenn CIVIL ACTION - Medical Professional Liability Action Defendants JURY TRIAL DEMANDED Certificate of Merit as to Knight Boline D'Amico Urology Associates Name of Defendant I, Leslie M. Fields. Esquire certify that: Attorney or Party [ ] an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [X ] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to he undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. i Date: L zoos!, ??? L( L_- (Attomfy or Party) JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 04-5835 CIVIL TERM FRANK C. D'AMICO, M.D., AND CIVIL ACTION -LAW KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 JAMES L. LIPPART AND : IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 04-5835 CIVIL TERM FRANK C. D'AMICO, M.D., AND CIVIL ACTION - LAW KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT AND NOW come the Plaintiffs, James L. Lippart and Debbie Lippart, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this Complaint : Parties 1. Plaintiffs, James L. Lippart and Debbie Lippart, his wife, are adult individuals residing at 115 South 1st Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Frank D'Amico, M.D., is and at all times hereinafter referred to was, a physician duly licensed to practice his profession as provided by the laws of the Commonwealth of Pennsylvania and engaged in the practice of his profession with Defendant, Knight, Boline D'Amico Urology Associates, with his main place of business located at 2626 North Third Street, Suite 3C, Harrisburg, Dauphin County, Pennsylvania 17110. Plaintiffs are asserting a professional liability claim against this defendant. 3. Defendant, Knight, Boline D'Amico Urology Associates, is and at all times hereinafter was, a medical practice duly organized and licensed under the laws of the Commonwealth of Pennsylvania and engaged in the business of operating a medical/urology clinic with its main place of business located at 2626 North Third Street, Suite 3C, Harrisburg, Dauphin County, Pennsylvania 17110. Plaintiffs are asserting a professional liability claim against this defendant. 4. At all relevant times herein, Defendant, Frank D'Amico, M.D., was an actual or ostensible agent, servant and/or employee of Defendant, Knight, Boline D'Amico Urology Associates. General Allegations 5. At all relevant times herein, Plaintiff, James L. Lippart, relied upon the professional judgment, ability and knowledge of Defendant, Frank D'Amico, M.D., who in turn was acting individually and as an actual or ostensible agent, servant and/or employee of Defendant, Knight, Boline D'Amico Urology Associates. 6. In July of 2002, Plaintiff, James L. Lippart, began experiencing left-sided flank and abdominal discomfort. 7. On July 9, 2002, Brian Bloom, M.D., of Mid Penn Urology, Inc., performed a CT scan of the abdomen and pelvis of Plaintiff, James L. Lippart, which revealed a 2 to 3 mm. calculus at the left ureteropelvic junction with no hydronephrosis and a small 1 mm. calculus in the mid to lower pole of the left kidney (kidney stones). 8. On July 10, 2002 Plaintiff, James L. Lippart, consulted with Russell S. Owens, M.D., of Mid Penn Urology, Inc., who advised him to undergo a ureteroscopy. 9. Russell S. Owens, M.D., never advised Plaintiff, James L. Lippart, that there was an option for the kidney stones to be treated without the ureteroscopy, other than to "allow it to pass". 10. On July 12, 2002 Russell S. Owens, M.D., attempted to perform a left ureteroscopy on Plaintiff, James L. Lippart, at the Holy Spirit Hospital but was unable to remove the kidney stones and, in the course of the procedure, caused an injury to the 2 ureteropelvic junction and the left ureterovesical junction. 11. On July 13, 2002 Russell S. Owens, M.D., with the assistance of John A. Belis, M.D., attempted to perform a ureteral exploration and repair on Plaintiff, James L. Lippart, at the Holy Spirit Hospital, during the course of which the ureter was identified as being completely avulsed and that the "distal ureter vesical anastomosis was disrupted." 12. Dr. Owens performed a left ureteropyelostomy and left ureterovesical reanastomosis and discharged Mr. Lippart from the hospital on July 21, 2002. 13. On or about August 5, 2002, Defendant, Frank D'Amico, M.D., assumed care for Plaintiff, James L. Lippart, and he removed the utereral stent and performed a left retrograde pyelogram on September 3, 2002. 14. Plaintiff, James L. Lippart, developed left flank pain and was admitted to the hospital with pyelonephritis on September 16, 2002. 15. Defendant, Frank D'Amico, M.D., performed a cystoscopy with balloon dilation of a UPJ stricture and stent replacement and extracorporeal shock wave lithotripsy (ESWL) on October 14, 2002. 16. On November 5, 2002 Defendant, Frank D'Amico, M.D., removed the left ureteral stent and performed a retrograde pyelogram revealing a "narrowed" proximal ureter. 17. On November 7, 2002, a CT scan showed a 4 X 5 mm. left kidney stone with dilation of the left renal pelvis. 18. An intravenous pyelography on January 13, 2003 failed to show visualization of the left kidney. 19. A CT scan on January 24, 2003 showed a delayed left nephrogram with moderate hydronephrosis to the UPJ ; a 1 mm. renal pelvic stone was noted. 3 20. A nuclear renal scan on February 10, 2003 revealed a severe left-sided obstruction with 9 percent left differential function. 21. Another physician performed a percutaneous nephrostomy tube placement on March 4, 2003 but the left kidney showed no improvement and, on May 23, 2003, a left nephrectomy (removal of the kidney) was perfprmed at the Hershey Medical Center. 22. Plaintiff, James L. Lippart, continues to suffer post-operative complications and pain. Count I: Plaintiff lames L. tipoart v. Defendant Frank D'Amico, M.D. 23. The allegations setforth in paragraphs 1 through 22 above are incorporated herein by reference as if fully set forth. 24. In treating Plaintiff, James L. Lippart, the Defendant, Frank D'Amico, M.D., was required to exercise the reasonable and ordinary care, skill and ability exercised by other members of his profession in the same or similar circumstances. 25. Defendant, Frank D'Amico, M.D., failed to exercise the reasonable and ordinary care, skill and ability exercised by other members of his profession in the same or similar circumstances in that he: a) failed to ensure that a timely placement of the nephrostomy tube was performed even though the IVP performed seven weeks earlier failed to visualize the left kidney and the subsequent CT and nuclear scans supported the concern that its function had been impaired; b) delayed proper and adequate treatment of the left kidney even after it was apparent that the left kidney could not be visualized and it was evident that its function had been impaired; c) failed to properly perform, read, report, interpret and comprehend the reports, tests and procedures in connection with Plaintiff Lippart's treatment and care; 4 d) failed to properly monitor Plaintiff Lippart for signs that his kidney function was being impaired; e) failed to take steps necessary to reduce the risk that the kidney function of Plaintiff Lippart was being impaired; f) failed to seek and obtain the advice and instruction of qualified specialists or their superiors in the field of urology in connection with his treatment of Plaintiff Lippart; and g) failed to refer Plaintiff Lippart to the appropriate medical specialists in the field of urology who would have properly treated him. 26. The negligence, carelessness and/or recklessness of Defendant, Frank D'Amico, M.D., was a substantial factor in causing the injuries to and the loss of the left kidney of Plaintiff, James L. Lippart. 27. Asa direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, by Defendant, Frank D'Amico, M.D., Plaintiff Lippart was caused injuries to and the loss of his left kidney and subsequent complications and pain. 28. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Frank D'Amico, M.D., the Plaintiff, James L. Lippart, has been obligated to receive and undergo medical attention and care and to incur medical expenses, and will be obligated to continue to receive and undergo additional medical attention and care and to incur such additional medical expenses for an indefinite time in the future. 29. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Frank D'Amico, M.D., the Plaintiff, James L. Lippart, has suffered physical pain and suffering, mental anguish and humiliation and will continue to so suffer for an indefinite time in the future. 30. As a further direct and proximate result of the negligent, careless and/or reckless 5 treatment by Defendant, Frank D'Amico, M.D., the Plaintiff, James L. Lippart, has suffered a loss of earnings and/or impairment of his earning capacity and power and will continue to so suffer for an indefinite time in the future. 31. As a further direct and proximate result of the negligent, careless and/or reckless treatment by Defendant, Frank D'Amico, M.D., the Plaintiff, James L. Lippart, has suffered a loss of life's pleasures and will continue to so suffer for an indefinite time in the future. WHEREFORE, Plaintiff, James L. Lippart, demands judgment against Defendant, Frank D'Amico, M.D., in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. Count II: Plaintiff James L. Lippart v. Defendant Knight, Boline D'Amico Urology Associates: Vicarious Liability 32. The allegations set forth in paragraphs 1 through 31 above are incorporated herein by reference. 33. At all relevant times herein, the actual or ostensible agents, servants and/or employees of Defendant, Knight, Boline D'Amico Urology Associates, including but not I imited to Defendant, Frank, D'Amico, M. D., were acting within the scope of their employment and agency with Defendant, Knight, Boline D'Amico Urology Associates, in rendering negligent, careless and/or reckless treatment to Plaintiff, James L. Lippart. 34. Defendant, Knight, Boline D'Amico Urology Associates, is vicariously liable for the negligence, carelessness and/or recklessness of its actual or ostensible agents, servants and/or employees, including but not limited to Defendant, Frank D'Amico, M.D., who negligently, carelessly and/or recklessly rendered medical treatment to Plaintiff, James L. Lippart. 6 35. The negligence, carelessness and/or recklessness of the actual orostensible agents, servants and/or employees of Defendant, Knight, Boline D'Amico Urology Associates, including but not limited to Defendant, Frank D'Amico, which is imputed to Defendant, Knight, Boline D'Amico Urology Associates, was a substantial factor in causing the injuries to and the loss of the left kidney of Plaintiff, James L. Lippart, and subsequent complications and pain. 36. Asa direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, which is imputed to Defendant, Knight, Boline D'Amico Urology Associates, the Plaintiff Lippart was caused injuries to and the loss of his left kidney and subsequent complications and pain. 37. As a further direct and proximate result of the negligent, careless and/or reckless treatment of Plaintiff, James L. Lippart, which is imputed to Defendant, Knight, Boline D'Amico Urology Associates, the Plaintiff Lippart has suffered those injuries and damages set forth above, which averments are incorporated herein by reference. WHEREFORE, Plaintiff, James L. Lippart, demands judgment against Defendant, Knight, Boline D'Amico Urology Associates, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. Count III: Plaintiff Debbie Lippart v. Defendants: Loss of Consortium 38. The allegations set forth in paragraphs 1 through 37 above are incorporated herein by reference as if fully set forth. 39. At all relevant times herein, Plaintiff, Debbie Lippart, and Plaintiff, James L. Lippart, were lawfully and continuously married. 7 40. Asa direct and proximate result of the negligence, carelessness and/or recklessness of Defendants Frank D'Amico, M.D. and Knight, Boline D'Amico Urology Associates, as described in more detail above, the Plaintiff, Debbie Lippart, has suffered a loss of consortium, society and companionship of her husband, the Plaintiff, James L. Lippart. WHEREFORE, Plaintiff, Debbie Lippart, demands judgment against Defendants Frank D'Amico, M.D. and Knight, Boline D'Amico Urology Associates, jointly and severally, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. RESPECTFULLY SUBMITTED: *ieF ld 11 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS DATED: March // .2005. 8 VERIFICATION I, Plaintiff, James L. Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. J es L. Li ar DATED: March Y 2005. VERIFICATION I, Plaintiff, Debbie Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Debbie Lippart DATED: March 7 , 2005. CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 11th day of March 2005, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Roline D'Amico Urology Associates Gerryanne Cauler, Esquire James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS J Leslie . Fields, Esqui e JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMt?tON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION - LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED MEDICAL MALPRACTICE (ACTION PLAINTIFF'S MOTION TO CONSOLIDATE ACTIOIWS AND NOW come the Plaintiffs, James L. Lippart and Debbie Li( part, his wife, by and through their attorney, Leslie M. Fields, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represent as follows in support of this motion: 1. Plaintiffs have instituted two separate medical liability action in the County of Cumberland against the above-captioned Defendants. The suit against Defendants Dr. Owens and Mid Penn Urology was commenced on or about January 14, 2004; the suit against Defendants Dr. D'Amico and Knight, Boline D'Amico Urology Associates was commenced on or about November 19, 2004. 2. Both causes of action arise out of the treatment of Plaintiff, James L. Lippart, which the Plaintiffs allege resulted in the loss of his kidney. 3. Pa.R.C.P. 213(a) provides: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, th6court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. 4. The two above-captioned medical malpractice actions certainly involve common questions of law and fact regarding the medical treatment and care afforded Plaintiff, James L. Lippart, for his kidney and can be said to arise from the same transactions or occurrences to the extent that Defendant Dr. Amico's care and treatment of Plaintiff ifollowed and was the result of Defendant Dr. Owens' care and treatment of him. 5. Defendants Dr. Amico and his Medical Group are anticipated to argue against consolidation on the ground that venue against them must lie in Dauphin County, where their treatment of Plaintiff Lippart occurred, pursuant to Pa.R.C.P. 10060.1). 6. However, Pa.R.C.P. 1006(c)(2) provides: If the action to enforce a joint or joint and several liability agai st two or more defendants includes one or more medical professional liability claims, the action shall be brought in any county in which the venue may be laid against any defendant under subdivision (a.1). 7. According to the Official Comment pertaining to Pa.R.C.P. 1 [A]n action to enforce a joint and several liability against two o more health care providers may be brought in any county in which ve ue may be laid against at least one of the health care providers under subdi ision (a.1). Therefore, an action to enforce a joint and several liability again t Health Care Provider A that provided treatment in County 1 and against Health Care Provider 8 that provided treatment in County 2 may be brought In either County 1 or County 2. 8. Joint and several liability is being sought against both sets of Defendants in the two above-captioned actions. 9. Had the two above-captioned actions been brought at the sadne time, venue in Cumberland County would have appropriate for all the Defendants under Pa.R.C.P. 1006(c)(2). 10. That the two above-captioned actions were brought separately in time should not frustrate the clear policy objectives (i.e., judicial economy) embodied by both Pa.R.C.P. 1006(c)(2) and Pa.R.C.P. 213(a) that related medical liability Octions be heard in the same county. 11. Nor would Defendants Dr. D'Amico and Medical Group bei prejudiced should their case be heard and tried in Cumberland County, the neighboring county of Dauphin County. WHEREFORE, Plaintiffs, Mr. and Mrs. James Lippart, based on the foregoing, respectfully request that Your Honorable Court order the consolidationlof the above- captioned matters. RESPECTFULLY SUBMITTE Ceslie . Fields, Esquire 1. D. . 29411 COSTOPOULOS, FOSTER J!IFIELDS 831 Market S22 Lemoyne, Pe3 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS DATED: April 6, 2005 CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, attorney for Plaintiffs, do hereby certify that I served a true and correct copy of this MOTION upon all counsel of record by pacing same in the United States Mail, first class postage prepaid, on the below date and addressed as follows: James). Dodd-o, Esquire Gerryanne Cauler, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Owens and Medical Group Wiley P. Parker, Esquire 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 Attorney for Defendants D'Amico and Medical Group DATED: April 6, 2005 c? Tl t uY --{ ,? J T rt?T _ 1 tJ a ?_. ,, c_? - Ci ? l . i . . ., . sv . ? _<j JAMES L. LIPPART AND IN THE COURT O COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND C UNTY, PENNSYLVANIA Plaintiffs Vs. No. 04-5835 Civil FRANK C. D'AMICO, M.D., AND : CIVIL ACTION - _ KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEN Defendants ENTRY OF APPEARANCE TO: PROTHONOTARY: Please enter the appearance of Wiley P. Parker, Esquire, of Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, of Knight, Boline D'Amico Urology the Defendants. Date: April ` , 2005 HENRY & BEA By: I.D. #20653 937 Willow Str P.O. Box 1140 Lebanon, PA 1 (717) 274-3644 Attorney for D W law firm of Henry & 17042-1140, on behalf {=tit ? ?` ?'i <' 9O Kiy ?-n ,?,cr? C ' ? ,?,+, .S, r ' 51? . .. , S F S ?7j{ l ` } , i ? : f ^?' ? ,?t -, ?`; . ' t '?? V 5 JAMES L. LIPPART AND IN THE COURT F COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND OUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil erm vs. FRANK C. D'AMICO, M.D., AND CIVIL ACTION - AW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DE ANDED Defendants TO: THE HONORABLE JUDGES OF SAID COURT: AND NOW come Defendants, Frank C. D'Amico, M.D. Urology Associates and file the following Preliminary Objections 1. The above captioned matter is a medical malpractice professional liability claim against all Defendants. 2. The allegation set forth in paragraph 1 above is though fully set forth. 3. Rule 1006(a.l), Pa.R.C.P. reads as follows: Knight, Boline D'Amico to Pa.R.C.P. 1028: which asserts a herein by reference as Except as otherwise provided by sub-division (c), a ?edical professional liability action may be brought against health care provider for a medical professional liability claim ?nly in a county in which the cause of action arose. 4. Defendants in the instant matter are health care nrovidbrs as defined in 42 Pa.C.S.A. §5101.1. 5. Plaintiffs' Complaint in paragraphs 2 and 3 asserts that Defendants practice and maintain a clinic located at 2626 North Third Street, ?uite 3C, Harrisburg, Dauphin County, Pennsylvania. 6. In fact, any and all care provided by Defendants to the James L. Lippart occurred in Dauphin County, Pennsylvania, and iis such, said county constitutes the county "in which the cause of action 7. Defendants provided no care and/or treatment to Plaintiff within Cumberland County, Pennsylvania. 8. Although Plaintiffs have filed a separate action against (Russell S. Owens, M.D. and Mid Penn Urology, Inc. in Cumberland County rising out of the care provided by Dr. Owens to Plaintiff in July of 2002, said clkims are asserted in a separate action and not the instant action, and as such provisions of §(c)(1) of Rule 1006 Pa.R.C.P. are inapplicable. 9. Defendants' care of Plaintiff, James L. Lippart, as asser{ed in Plaintiffs' Complaint at paragraph 12, did not begin until August o? 2002, after the care provided by Dr. Owens, et ux. had concluded. 10. Venue in Cumberland County is accordingly improper pursuant to Rule 1006 Pa.R.C.P. 2 WHEREFORE, Defendants request that Plaintiffs' action dismissed for improper venue or that said action be transferred Common Pleas of Dauphin County which represents the county 10. The allegations of paragraphs 1 through 9 above are herein by reference as though fully set forth. 11. Plaintiffs' Complaint, a copy of which is attached Exhibit "A" and incorporated herein by reference asserts the spec which Defendant, Frank D'Amico, M.D. and his group, vicarious allegedly liable to the Plaintiff for failure "to exercise the reason ordinary care, skill and ability exercised by other members of his the same or similar circumstances". (Plaintiffs' Complaint be The Court of proper venue. marked basis upon are and )fession in h 25) 12. Plaintiffs' Complaint asserts in paragraphs 26 through 11 and 33 through 37 and paragraph 40 that the conduct of Defendant, Frank 0. D'Amico, M.D. was reckless. 13. Black's Law Dictionary, 4`h Edition defines reckless as `not recking; careless, heedless, inattentive; indifferent to consequences. Accord?ng to circumstances it may mean desperately heedless, wanton or willfulJor it may mean on careless, inattentive or negligent...". 14. Recklessness or reckless indifference may form the for punitive damages, and a review of the allegations against of a claim in the 3 instant Complaint does not reflect any conduct, even in a light m?st favorable to Plaintiffs, which would rise above that of ordinary negligence. 15. Accordingly, Plaintiffs' allegation of reckless recklessness on the part of Defendants are at least scandalous or iinpertinent as well as legally insufficient, and as such are subject to being strick?n by the Court. WHEREFORE, Defendants respectfully request your Hon?rable Court strike all references in Plaintiffs' Complaint to reckless conduct of recklessness on the part of Defendants. HENRY & BEN-V-Ef4 LLP Wiley P. barker I.D. #20653 937 Willow Stn P.O. Box 1140 Lebanon, PA 1 (717) 274-3644 Attorney for De 4 CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & have forwarded a certified true and correct copy of the within Memorandum of Law by regular United States mail, postage following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 LLP, do hereby certify that I Objections and on April 1_, 2005 to the Wiley P. P C1 o O l ?:, -F7 ?? { m n r ' ? } i"? r a : z, n <.i-' ? ? 3' r- ? JAMES L LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M. D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION ORDER OF COURT AND NOW this ZA - day of April, 2005, upon consideration of PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS, a Rule to Show Cause why the relief requested should not be granted is hereby ISSUED upon all the Defendants in the above-captioned actions. The Rule is returnable no later than ? days from the date of this Order. BY THE-COURT: tribution: erryanne Cauler, Esquire & James J. Dodd-o, Esquire 305 North Front Street, Harrisburg, PA 17105 Ailey P. Parker, Esquire, 937 Willow Street, Lebanon, PA 17042 ,/Leslie M. Fields, Esquire, 831 Market Street, Lemoyne, PA 17043 7 ',li:!TA ?i."? J 5 `E '. i:J Z I UN 90,07 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM 1/ CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION ORDER OF COURT AND NOW this ZA day of April, 2005, upon consideration of PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS, a Rule to Show Cause why the relief requested should not be granted is hereby ISSUED upon all the Defendants in the above-captioned actions. The Rule is returnable no later than 010 days from the date of this Order. BY THJ_--COURT: tribution: erryanne Cauler, Esquire & James J. Dodd-o, Esquire 305 North Front Street, Harrisburg, PA 17105 ^iley P. Parker, Esquire, 937 Willow Street, Lebanon, PA 17042 ?Leshe M. Fields, Esquire, 831 Market Street, Lemoyne, PA 17043 0,, ? -13 i s :c !'Id z I LYN 900Z PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption rnust be stated in full) James L. Lippart and Debbie Lippart, his wife, (Plaintiff) vs. Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology (Defendant) No. 04-5835 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary objections to Plaintiffs' Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Leslie M. Fields, Esquire, 831 Market Street, Lemoyne, PA 17043 (Name and Address) (b) for defendant: Wiley P. Parker, Esquire, 937 Willow Street, Lebanon, PA 17042 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4_ Argument Court Date: Date: April 11, 2005 Wiley V% Parker, Esquire Printyour panic -- Defendant Attorney for CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Praecipe of Listing Case for Trial by regular United States mail, postage prepaid, on April 14 2005 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Wiley P1 Parker, Esquire ? ?- , i1 , i .? - -????. __ c? - n'.' 'cam ?:?.. v? ?, .4 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 Civil Term / ? VS. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2004-195 Civil vs. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION RESPONSE OF DEFENDANTS FRANK C D'AMICO. M.D. AND KNIGHT. BOLINE D'AMICO UROLOGY ASSOCIATES TO PLAINTIFFS' MOTION TO CONSOLIDATE ACTIONS AND NOW come Defendants, Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates through their counsel, Wiley P. Parker, Esquire and respectfully respond to Plaintiffs' Motion to Consolidate Actions as follows: 1. Admitted. w 2. Admitted, however, by way of further response Answering Defendant's treatment of Plaintiff James L. Lippart occurred after Plaintiff terminated treatment with Dr. Owens and his group, Defendants in the previously filed action. 3. Admitted, however, said Rule was promulgated prior to the amendments to Rule 1006, Pa.R.C.P. which address appropriate venue in a medical professional liability action. 4. Denied as stated. To the contrary there are no common questions of fact nor did the cases arise out of the same transaction or occurrence in that the care provided by Dr. Owens and by Dr. D'Amico did not overlap and were totally independent of one another. Additionally, questions related to Dr. Owens revolve around the performance of the urological procedure upon Mr. Lippart while Dr. D'Amico's involvement relates to management of the complication which occurred while the patient was under the care of Dr. Owens. By way of further response, the mere fact that both Dr. D'Amico and Dr. Owens happen to be physicians practicing urology does not establish that two actions involve common questions of law or fact or that they arose out of the same transaction or occurrence. 5. Admitted. 6. It is admitted that the relevant Rule reads as indicated, however, said Rule contemplates an action against multiple defendants. In the instant matter, Plaintiffs chose to initiate one action against Dr. Owens and his group and only subsequently initiated a separate action against Dr. D'Amico. 7. It is admitted that the comment to the relevant Rule is as indicated, however, by way of further response, as set forth above, Plaintiffs chose to bring one action against Dr. Owens and his group and only subsequently filed a separate action (as to which the venue is improper) against Dr. D'Amico and his group rather than filing one action from the outset. 8. It is admitted that Plaintiffs are seeking joint and several liability against both sets of Defendants, however, it is denied that this case is an appropriate one for such a claim, however, by way of further response, if the Court were to determine that this is a case of joint and several liability, trial of these matters together would be complicated by the fact that Plaintiff's cause of action against Dr. Owens arises prior to the effective date of 42 P.S. § 1303.509 which partially abrogated joint and several liability while the cause of action against Dr. D'Amico arose subsequent to the effective date of said statute. Obviously the different standards established under the old and new laws with regard to joint and several liability argue against joinder. 9. Admitted, however, by way of further response, Plaintiffs did not file the two actions at the same time and accordingly, venue is improper as to Dr. D'Amico. 10. Denied as a conclusion of law. The Rules state what the Rules state. 11. Denied as a conclusion of law. By way of further response, the Supreme Court has obviously determined that a medical professional is entitled to a trial in the county in which he practices subject to certain exceptions which are not present in the instant matter. WHEREFORE, Defendants Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates respectfully request that your Honorable Court refuse consolidation of the above captioned matters. Respectfully submitted, HENRY & BEAVER LLP B Wiley P. arker, Esquire I.D.#20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendants, Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Assoc. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Response by regular United States mail, postage prepaid, on April 28, 2005 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 Gerryanne Cauler, Esquire James J. Dodd-o 305 N. Front Street Harrisburg, PA 17105 icy P. Par ter, Esquire Ti - t= JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs vs. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY Defendants TO: PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please withdraw the above captioned matter for the June 1, 2005 term of Argument Court, to be relisted at a later date. This Praecipe is filed with the Agreement of Leslie M. Fields, Esquire, Plaintiff's counsel. HENRY & I.D. #2065[3 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Defendant, Frank D'Amico, M.D. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Praecipe by regular United States mail, postage prepaid, on May 24, 2005 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 James J. Dodd-o, Esquire Gerryanne Cauler, Esquire THOMAS THOMAS & HAFER 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 Wiley P. Par er, Esquire ?i l ci CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LIPPART -v5- D'AMICO COURT OF COMMON PLEAS TERM, CASE NO: 04-5835 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILEY PARKER, 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) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/26/2005 MCS on b half 9f__ T WILEY PAR, ES Attorney V r DEFENDANT DE11-575118 1_53,47-L 03_ COMMONWEALTH (DIP PENI?rS YLVAN SA COUNTY OF CUMBERLAND IN THE MATTER OF: LIPPART -VS- D'AMICO SERVE A BLUE CROSS INSURANCE SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS COURT OF COMMON PLEAS TERM, CASE NO: 04-5835 TO: LESLIE M. FIELDS, ESQUIRE, PLAINTIFF COUNSEL JAMES DODD-O, ESQ. MCS on behalf of WILEY PARKER, 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: 07/06/2005 CC: WILEY PARKER, ESQ. 00220/385 MCS on behalf of WILEY PARKER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305722 1 S 3 4 7- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LIPPART vs. D'AMICO File No. 04-5835 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BLUE CROSS (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. 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 witl'tin 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: WILEY PARKER ES ADDRESS: 437 WILLOW STREI TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL T 5 2UOS Date: ?-?axS' Seal of the Court 15347-01 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE CROSS 1901 MARKET STREET 36 FLOOR LEGAL DPT PHILADELPHIA, PA 19103 RE: 15347 JAMES L. LIPPART Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES L. LIPPART 115 SOUTH 1ST STREET, LEYMONA, PA 17043 Social Security f1: 195-30-1619 Date of Birth: 02-24-1948 SU10-572844 3-S 3 4 7-T,0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LIPPART D'AMICO COURT OF COMMON PLEAS TERM, _VS_ CASE NO: 04-5835 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILEY PARKER, 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) 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 of DATE: 07/26/2005 WILEY PARKER, ESQ. Attorney for DEFENDANT DE11-575119 3_53-47-L 02 CONII?QONWEALTH OF PEN27SYLVAN2A COUNTY OF CIIP?ERT•n7yD IN THE MATTER OF: COURT OF COMMON PLEAS LIPPART TERM, -VS- CASE NO: 04-5835 D'AMICO OF INTENT TO SERVE A BLUE CROSS INSURANCE SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS TO: JAMES DODD-O, ESQ. LESLIE M. FIELDS, ESQUIRE, PLAINTIFF COUNSEL MCS on behalf of WILEY PARKER, 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: 07/06/2005 CC: WILEY PARKER, ESQ. - 00220/385 MCS on behalf of WILEY PARKER, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305723 3-5 3,M-7-C70-2- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LIPPART VS. D'AMICO File No. _ 04-5835 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SUSO NNA VALLEY SURGERY 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 MCS Gmun 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: WILEY PARKER. ES ADDRESS: 237 WILLOW T F TELEPHONE: (721 ) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 2 5Z005 Date: ')DOS Seal of the Court 15347-02 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VALLEY SURGERY CTR 4310 LONDONDERRY RD. HARRISBURG,, PA 17109 RE: 15347 JAMES L. LIPPART Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES L. LIPPART 115 SOUTH 1ST STREET, LEYMONA, PA 17043 Social Security N: 195-30-1619 Date of Birth: 02-24-1948 SU10-572846 1.5 3 4 7- 1, 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: LIPPART W AMICO COURT OF COMMON PLEAS TERM, _VS_ CASE NO:. 04-5835 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of WILEY PARKER, 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) 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 of DATE: 07/26/2005 WILEY PARKER, ESQ. Attorney for DEFENDANT DE11-575120 1 5 3 4 7- L 03 PENN S YLVAN 2A COMMONWEALTH O EP CUMBERLAND COUNTY 01P IN THE MATTER OF: COURT OF COMMON PLEAS LIPPART -VS- D'AMICO TO BLUE CROSS INSURANCE SUSQUEHANNA VALLEY SURGERY CTR MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS TERM, CASE NO: 04-5835 TO: LESLIE M. FIELDS, ESQUIRE, PLAINTIFF COUNSEL JAMES DODD-O, ESQ. MCS on behalf of WILEY PARKER, 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: 07/06/2005 CC: WILEY PARKER, ESQ. - 00220/385 Any questions regarding this matter, contact MCS on behalf of WILEY PARKER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-305722 1 S 3 4 7- C 0 1 COMMONWEAL 14 OF PENNSYLVANIA COUNTY OF CUMBERLAND LIPPART vs. D'AMICO File No. _ 04-5835 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (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 Crogp Inc 1601 Market Street Suite 500. Philadelphia- PA 191 03 - 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: WILEY PARKER. ES ADDRESS: 937 WILLOW STRE1 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant A 2 5 2005 Date: L a 7, a005' Seal of the Court BY THE COURT: &(A yv. , Prothonotar, Clerk, Cid ivision Deputy 15347-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 15347 JAMES L. LIPPART Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JAMES L. LIPPART 115 SOUTH 1ST STREET, LEYMONA, PA 17043 Social Security #: 195-30-1619 Date of Birth: 02-24-1948 SLf10-572848 1 5 3 4 7- L 03 ri ""'a O ro JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil Term VS. FRANK C. D'AMICO, M.D., AND CIVIL ACTION -LAW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEMANDED Defendants NOTICE OF DEPOSITION TO: James L. Lippart c/o Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 PLEASE TAKE NOTICE THAT the undersigned will conduct your oral deposition, pursuant to the Pennsylvania Rules of Civil Procedure, before a notary public or some other person authorized by law to administer oaths, on January 19, 2006, commencing at 10:30 a.m. at the offices of Costopoulos, Foster & Fields, 811 Market Street, Lemoyne, Pennsylvania. Any and all notes, diaries, memoranda or other writings prepared or maintained by you which in any way bear on the issues of liability and/or damages in the instant matter, and further to bring copies of any and all written communications between you and any Defendant. HENRY & BE?VERJ. LP WILEY P. ARKER, ESQ IRE I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant, Frank C. D'Amico, M.D. cc: Esquire Reporting Service - 2 - CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Notice of Deposition by regular United States mail, postage prepaid on November 4, 2005 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 I WILEY P. DARKER, ESQUIRE 71 -r 'Tl I i. {r, A G { JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil Term vs. FRANK C. D'AMICO, M.D., AND : CIVIL ACTION -LAW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the New Matter set forth herein, and to defend the action. You have twenty (20) days in which to file a responsive pleading. Failure to respond waives proper defenses or objections. HENRY & BEAVER LLP B• WILEY P. RKER I.D.#20653 ROBERT W. McATEER I.D. #83029 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Defendants JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil Term VS. FRANK C. D'AMICO, M.D., AND CIVIL ACTION - LAW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEMANDED Defendants ANSWER AND NEW MATTER AND NOW, come Defendants Frank C. D'Amico, M.D. and Knight, Boline D'Amico Urology Associates by and through their attorneys, Henry & Beaver LLP and respectfully present the following: 1. Admitted on information and belief. 2. Admitted. By way of further response, it is admitted that Plaintiffs are asserting professional liability claim, but is denied that said claim is meritorious. 3. Admitted. By way of further response, it is admitted that Plaintiffs are asserting professional liability claim, but is denied that said claim is meritorious. 4. Admitted. 5. Denied as stated. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the allegation of Plaintiff s reliance in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof is demanded at trial, if relevant. Answering Defendants admit agency. 6. Denied. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averment in that the means of proof are solely within the control of an adverse party, namely Plaintiffs, and, as such, strict proof is demanded at trial, if relevant. 7. Admitted in part, denied in part. It is admitted Plaintiff underwent a CT scan of the abdomen on July 9, 2002 which revealed a 2 - 3mm calculus at the ureteropelvic junction with no hydronephrosis and a small Imm calculus present at the mid to lower pole of the left kidney. It is denied that Brian Bloom, M.D. is an employee of MidPenn Urology; to the contrary, he is employed by Tristan Associates. 8. Denied as stated. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the allegation of Plaintiffs reliance in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof is demanded at trial, if relevant. 9. Denied. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of said averment in that the means of proof are solely within the control of an adverse party, namely Plaintiffs, and, as such, strict proof is demanded at trial, if relevant. 10. Denied. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of said averment in that the means of proof are solely within the control of an adverse party, namely Plaintiffs, and, as such, strict proof is demanded at trial, if relevant. -2- 11. Denied. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of said averment in that the means of proof are solely within the control of an adverse party, namely Plaintiffs, and, as such, strict proof is demanded at trial, if relevant. 12. Admitted. 13. Admitted. 14. Denied as stated. Plaintiff was admitted with a diagnosis of flank pain, pyelonephritis, and a left ureteropelvic junction obstruction to Community General Osteopathic Hospital on September 16, 2002. He underwent a cystoscopy and left retrograde pyelogram with balloon dilation of ureteral stricture and double J stent placement. 15. Denied. To the contrary, on October 14, 2002 Dr. D'Amico only performed an "extracorporeal shock wave lithotripsy, left renal calculus", at the Susquehanna Valley Surgery Center. 16. Admitted in part, denied in part. It is admitted Dr. D'Amico performed the surgeries listed. Any indication that the stent was placed on October 15, 2002 is denied. Said stent was placed September 17, 2002. 17. Denied as stated. The report of said procedure is a written document which, in its entirety speaks for itself. 18. Denied as stated. The report of said procedure is a written document which, in its entirety speaks for itself. 19. Denied as stated. The report of said procedure is a written document which, in its -3- entirety speaks for itself. 20. Denied as stated. The report of said procedure is a written document which, in its entirety speaks for itself. 21. Denied as stated. The report of said procedure is a written document which, in its entirety speaks for itself. 22. Denied. After reasonable investigation, Defendants are without sufficient information to form a belief as to the truth of this averment in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant. COUNTI PLAINTIFF JAMES L. LIPPART v. DEFENDANT FRANK WAMICO, M.D. 23. The responses to paragraphs I through 22 above are hereby incorporated by reference as though fully set forth at length. 24. Denied as a conclusion of law. 25. It is specifically denied that Defendant Frank D'Amico, M.D., was negligent in any regard. a. - g. These allegations are denied in accordance with Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 26. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. -4- 27. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. 28. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. 29. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. 30. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. 31. It is denied that Defendant, Frank D'Amico's, M.D. actions were careless, negligent or tortious and/or Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the part of Defendant, Frank D'Amico, M.D. Additionally, it is denied that the actions of Defendant, Dr. D'Amico, were in any way reckless. WHEREFORE, Defendant, Frank D'Amico, M.D., demands that Plaintiffs' Complaint be dismissed. -5- COUNT II PLAINTIFF JAMES L. LIPPART v. DEFENDANT KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES 32. The responses to paragraphs I through 31 above are hereby incorporated by reference as though fully set forth at length. 33. It is admitted that Defendant, Frank D'Amico, M.D. was acting as the agent, servant or employee of Defendant KBD. As to any allegation as to any other agent, servant or employee, after reasonable investigation, Answering Defendant is without sufficient information to respond in that the means of proof are within the control of an adverse party, namely Plaintiff, and as such, strict proof thereof is demanded at trial, if relevant. It is specifically denied that Defendant KBD was careless, reckless or negligent in any regard. 34. It is specifically denied that Answering Defendant or its agents, servants or employees were careless, negligent or reckless in any regard. 35. It is specifically denied that Answering Defendant or its agents, servants or employees were careless, negligent or reckless in any regard, and it is further denied that Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the party of Answering Defendant, its agents, servants or employees. 36. It is specifically denied that Answering Defendants were careless, reckless or negligent in any regard, or that Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the party of Answering Defendant, its agents, servants and employees. 37. It is specifically denied that Answering Defendants were careless, reckless or negligent in any regard, or that Plaintiff has suffered any loss, injury or damage by reason of -6- any action or inaction on the parry of Answering Defendant, its agents, servants and employees WHEREFORE, Defendant, KBD Urology, demands Plaintiffs' Complaint be dismissed. COUNT III DEBBIE LIPPART v. DEFENDANTS FRANK WAMICO. M.D. AND KDB UROLOGY ASSOCIATES 38. The responses to paragraphsI through 37 above are hereby incorporated by reference as though fully set forth at length. 39. Admitted upon information and belief. 40. Denied. It is denied that Answering Defendants actions were tortious in any regard, and/or that any Defendants were negligent, reckless or careless. It is further denied that Plaintiff has suffered any loss, injury or damage by reason of any action or inaction on the party of Answering Defendants. WHEREFORE, Defendants demand Plaintiffs' Complaint be dismissed. NEW MATTER 41. The responses set forth in Paragraphs 1 through 40 above are incorporated herein by reference as though fully set forth at length. 42. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 43. Any and all actions on the part of Answering Defendants were appropriate and within the standard of care. 44. Any loss, injury or damage suffered by Plaintiff, James L. Lippart, was a result of his disease process and not any action or inaction on the part of Answering Defendants. 45. Any loss, injury or damage suffered by Plaintiffs may have been the result of action -7- or inaction on the part of third parties whom Answering Defendants had no right, duty or ability to control. 46. Answering Defendants believe and therefore aver that Plaintiffs may have failed to mitigate damages. 47. Plaintiffs claims are limited and/or barred by provisions of the Medical Care Availability in Reduction of Errors Act (Mcare 40 P.S. 1303.101 et seq.), and Answering Defendants assert entitlement of relief based upon any and all of the provisions of said Act. 48. Plaintiffs claims, the validity of which are contested by Answering Defendants, are to be reduced, denied and/or limited by the collateral source rule and/or the decision of the Pennsylvania Supreme Court in Moorhead v. Crozer Chester Medical Center or the provisions of the Mcare Act. 49. Plaintiffs' action may be barred or limited by reason of the doctrines of Release and/or Accord and Satisfaction. WHEREFORE, Answering Defendants demand Plaintiffs' Complaint be dismissed. HENRY & BEAVER LLP By: WILEY P. ARKER I.D. #20653 ROBERT W.McATEER I.D. # 83029 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Defendants -8- UROLOGY ASSOCIATES Fax:717-724-0730 P.1 Transmission failed Feb 6 2005 03:12pm P001/001 Feb 6 2005 02:48pm IT.1.1 JCheck condition of remote fax. 1746782 I WK 02:63 PM MW 6 BEAVER LLP FAX M 7172746762 P. 01 I verify to tba emtw.me made to d& Answer and New)Awa we aver and aomx:t. I va4tnhod dMd Hles tota4rmeats haan tn'e nude subjactio thepemtdp of 19 PLC8.Seaba4904reiamegtov MMM&Wfi4Ad=meuihadttes FMOPrr BOLD F D'AA00 UROLOGY ey^ 1J z`7? 1A Ml va tvro CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Answer and New Matter by regular United States mail, postage prepaid, on FeEtuary 13, 06 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 James J. Dodd-o, Esquire Gerryanne Cauler, Esquire THOMAS THOMAS & HAFER 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 WILEY P. PAOt -U, Esquire ..? _, ,, - -rs .? ? ?'-? ? -;- _" _? t ?! JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM ? CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION PLAINTIFFS' REPLY TO NEW MATTER OF FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES AND NOW, come the Plaintiffs James Lippart and Debbie Lippart, his wife, by and through their counsel, to reply to Defendants New Matter as follows: 41. No answer required. 42. Denied. 43. Denied. 44. Denied. 45. Denied. 46. Denied. 47. Denied. 48. Denied. 49. Denied. WHEREFORE, Plaintiffs demand judgment in their favor. RESPECTFULLY SUBMITTED, esIie Fields, Esquire I. D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFFS Date: February 14, 2006 -2- VERIFICATION I, Plaintiff, James L. Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. J es L. Li' a DATED: I IXICJl, VERIFICATION I, Plaintiff, Debbie Lippart, do hereby verify that the statements made in the foregoing document are true and correct to the best of my information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Debbie Lippart DATED: -,r C1121 yow? CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 14"_ day of February 2006, a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Frank D'Amico, M..D. and Knight, Boline D'Amico Urology Associates was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire Gerryanne Cauler, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS Leslie M. Ids, Esquire (` ` (. J ?? -1 n , ,. ;_ _ - , ` , ?, r.i ; ? ? ? . < ?.? JAMES L. LIPPART AND IN THE COURT OF COMMON PLEAS DEBBIE LIPPART, HIS WIFE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 04-5835 Civil Term VS. FRANK C. D'AMICO, M.D., AND : CIVIL ACTION -LAW KNIGHT, BOLINE D'AMICO UROLOGY : JURY TRIAL DEMANDED Defendants NOTICE OF DEPOSITION TO: James L. Lippart c/o Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 PLEASE TAKE NOTICE THAT the undersigned will conduct your oral deposition, pursuant to the Pennsylvania Rules of Civil Procedure, before a notary public or some other person authorized by law to administer oaths, on February 28, 2006, commencing at 11:30 a.m. at the offices of Costopoulos, Foster & Fields, 811 Market Street, Lemoyne, Pennsylvania. Any and all notes, diaries, memoranda or other writings prepared or maintained by you which in any way bear on the issues of liability and/or damages in the instant matter, and further to bring copies of any and all written communications between you and any Defendant. HENRY & BEAVER LLP By: WILEY P. PAR SQUIRE I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant, Frank C. D'Amico, M.. D. cc: Esquire Reporting Service -2- CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Notice of Deposition by regular /f United States mail, postage prepaid on February K 2006 to the following: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043 James J. Dodd-o, Esquire THOMAS THOMAS & HAFER 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 WILEY P. PA ESQUIRE ?, ;,., _. -, -,? - - .? _tT . , =- ?,; r?> ,; cst ` ? c_> -. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) James L. Lippart and Debbie Lippart, his wife (Plaintiff) (check one) ® Civil Action-Law ? Appeal from arbitration (other) VS. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology (Defendant) and Russell S. Owens, MD and Mid Penn Urology, Inc. (Defendant) The trial list will be called on 01/08/2008 and Trials commence on 02/04/2008 Pretrials will be held on 01/16/2008 (Briefs are due 5 days before pretrials) Nos.• 4-5835 nd 04-0195 Civil Term Indicate the attorney who will try case for the party who files praecipe: Leslie M Fields Esquire 831 Market Street Lemoyne PA 17043 Indicate trial counsel for other parties if known: Wiley P Parker Esquire 937 Willow Street Lebanon PA 17042 James J Dodd-o Esquire 3400 Bath Pike Suite 302, Bethlehem, PA 18017 This case is ready for trial. Si T? . t I .' Print Name: eslie M. Fields, Esquire Date: 11/01/2007 Attorney for: Plaintiff r J. tt El g c ?' ? c a Co ? ?'; ate. 0 . Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire PA ID No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Counsel for Plaintiffs Fax: (717) 761-4031 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants No. 04-5835 CIVIL TERM ? CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and counsel for the defendant has agreed to waive the twenty (20) day notice; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. - - or;? y;sl:ie M. ields, Esquire I. D. N 9411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street Lemoyne, PA 17043 Attorney for Plaintiffs Date: 0 4-00 COSTOPOULOS, FOSTER & FIELDS ATTORNEYS AND COUNSELORS AT LAW 831 MARKET STREET P.O. BOX 222 WILLIAM C. COSTOPOULOS LEMOYNE, PENNSYLVANIA 17043-0222 DAVID J. FOSTER LESLIE M. FIELDS GEORGE H. MATANGOS November 13, 2007 James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Re: Lippart v. Owens, MD, et al. Cumberland County No. 2004-195-Civil Term Lippart v. D'Amico, MD, et al Cumberland County No.: 04-5835 Civil Term Dear Counsel: TELEPHONE (717) 761-2121 FAX (717) 761- 4031 W W W.COSTOPOULOS.COM Enclosed is a Notice of Intent to Serve of Subpoena for Documents and Things to obtain records from American Kidney Stone Management, Ltd. Please advise us at your earliest opportunity if you are willing to waive the (20) twenty- day notice so that we may immediately serve the subpoena. Very truly yours, Leslie . Fields LMF:jme Enclosures Carlisle Office: 10 East I.outher Street • 1" Floor • Carlisle, PA 17013 Phone (717) 761-2121 • Fax (717) 7614031 Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire PA ID No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Counsel for Plaintiffs Fax: (717) 761-4031 JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5835 CIVIL TERM CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-195-CIVIL : CIVIL ACTION -LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff 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 no objection is made, the subpoena may be served. Date: // /.3 a 7 Leslie Fields, Esquire Sup. I.D. #29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Attorney for Plaintiffs JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. FRANK C. D'AMICO, M.D., AND KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5835 CIVIL TERM : CIVIL ACTION -LAW : MEDICAL MALPRACTICE ACTION : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-195-CIVIL RUSSELL S. OWENS, M.D., AND CIVIL ACTION -LAW MID PENN UROLOGY, INC., Defendants JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - American Kidney Stone Management, Ltd. 797 Thomas Lane, Columbus, OH 43214 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Documents showing the schedule and locations at which extracorporeal shock wave lithotripsy (ESWL) services were available in July of 2002 in the area of Camp Hill, Pennsylvania; Mechancisburg, Pennsylvania; and Harrisburg, Pennsylvania. at Costopoulos. Foster & Fields 831 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies of 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: Leslie M. Fields. Esauire Address: 831 Market Street Lemoyne. PA 17043 Telephone: 717-761-2121 Supreme Court ID# 29411 ATTORNEY FOR PLAINTIFFS Date: M60. 13 , a067 BY THE COURT: 41ho-notary, Civil Division eputy CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 13`h day of November 2007, a true and correct copy of the foregoing Notice of Intent to Serve A Subpoena to Produce Documents and Things For Discovery Pursuant to Rule 4009.21 was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address{es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LIP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS Leslie . Fields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 19`h day of November 2007, a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. COSTOPOULOS, FOSTER & FIELDS i Leslie M. ields, Esquire 1 w' ? 7 James L. Lippart and Debbie Lippart V. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology and Russell S. Ownes, MD and Mid Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5835 CIVIL TERM ORDER OF COURT AND NOW, January 10, 2008, by agreement of counsel, the above captioned case is continued from the February 4, 2008 trial term. Counsel are requested to relist the case for trial at such time as they deem appropriate. Leslie M. Fields, Esquire For the Plaintiff Wiley P. Parker, Esquire For the Defendant James J. Dodd-o, Esquire For the Defendant Court Administrator By the Court, kam ^r 8Z .Z Wd I I tar Buz :!Hi -10 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) James L. Lippart and Debbie Lippart, his wife (Plaintiff) VS. Frank C. D'Amico, MD and Knight, Boline D'Amico Urology (Defendant) (check one) ® Civil Action-Law ? Appeal from arbitration (other) The trial list will be called on 05/27/2008 and Trials commence on 06/23/2008 and Pretrials will be held on 06/04/2008 Russell S. Owens, MD and (Briefs are due 5 days before pretrials) Mid Penn Urology, Inc. .? (Defendant) Nos.: 04-5835 and 04-0195 Civil Term Indicate the attorney who will try case for the party who files praecipe: Leslie M Fields Esquire 831 Market Street Lemoyne PA 17043 Indicate trial counsel for other parties if known: Wiley P Parker Esquire 937 Willow Street, Lebanon, PA 17042 James J Dodd-o Esquire 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 LeRoy Smiegel Esquire 4431 North Front Street, Harrisburg, PA 17110 This case is ready for trial. Si ed: Print Name: ie M. Fields, Esquire Date: 03/25/2008 Attorney for: Plaintiff n a, W $' 0- A:p CUP N „ir Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire I.D. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL S. OWENS, M.D., AND MID PENN UROLOGY, INC., Defendants JAMES L. LIPPART AND DEBBIE LIPPART, HIS WIFE, Plaintiffs V. No. 2004-195-CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ACTION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5835 CIVIL TERM V FRANK C. D'AMICO, M.D., AND CIVIL ACTION - LAW KNIGHT, BOLINE D'AMICO UROLOGY ASSOCIATES, MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled and discontinued. COSTOPOULOS, FOSTER & FIELDS Date: 4 y: eslie M. Fi Ids, Esquire Attorney I. No. 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs CERTIFICATE OF SERVICE -ft I, Leslie M. Fields, Esquire, hereby certify that on this 14th day of August, 2008, a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served upon all counsel of record by: Hand Delivery x First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Wiley P. Parker, Esquire HENRY & BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Frank C D'Amico, MD and Knight, Boline D'Amico Urology Associates James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Counsel for Defendants, Russell S. Owens, M.D. and Mid Penn Urology, Inc. LeRoy Smigel, Esquire 4431 North Front Street Harrisburg, PA 17110-1778 Counsel for Russell S. Owens, M.D. COSTOPOULOS, FOSTER & FIELDS Leslie Fields, Esquire ?-;3 ? ? ? ? C' % '`^5 1 ?'..4 ?+^^ ?' . Ft Y t ?? ? ? ? f _ ?a V W^1r a . .,.y.