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HomeMy WebLinkAbout13-3753 t s Supreme Co nnsylvania Cour O 'tn in leas For Prothonotary Use Only: ,� Y Docket No: OU Il / p ss The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ® Writ of Summons ® Petition ©i Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CAROL C. WOOLUMS CARLISLE REGIONAL MEDICAL CENTER T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes ®No O (check one) x outside arbitration limits } N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? r- I Yes XR No A Name of Plaintiff /Appellant's Attorney: DAVID JOSEPH CHAPMAN, SCHMIDT KRAMER PC Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment 13 Motor Vehicle ® Debt Collection: Other M Board of Elections r1l Nuisance 81 Dept. of Transportation Premises Liability Statutory Appeal: Other S r-1 Product Liability (does not include [ 3 Employment Dispute: E mass tort) Slander/Libel /Defamation Discrimination C Other: ®Employment Dispute: Other Q Zoning Board T © Other: I ® Other: O MASS TORT M Asbestos N ®i Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste Other: [3 Ejectment [3 Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent ® Mandamus Landlord/Tenant Dispute ® Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Wananto ® Dental ® Partition ® Replevin r-11 Legal [3 Quiet Title E3 Other: ff] Medical ® Other: Other Professional: Updated 1/1/2011 FILED O THE PROTI"'CNCTARY SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE? J 1U I.D. #209519 209 State Street CUMBERLAND COUNTY Harrisburg, PA 17101 P E %§gy> , &YAPlaintiff 717 232 -6300 ichapman(@-schmidtkramer.com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V . CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendant JURY TRIAL DEMANDED N O T IC: E TO . DEFEND YOU HAVE BEEN SUED IN COURT. If you. Wish to defend - against the claims set forth in the following pages, you must take .action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to, do so the case may proceed without you and .a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for Any other claim or .relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU :CANNOT AFFORD 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, PA 17013 (717) 249 -3166 i � s SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff i chapman(i�schmidtkramer. com CAROL C. WOOLUMS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n. dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249 -3166 SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff i chanmanaa,schmidtkramer. com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Carol C. Woolums, by and through her attorneys, Schmidt Kramer PC, and avers the following: 1. Plaintiff, Carol C. Woolums is an adult individual residing in Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant Carlisle HMA, Inc., is a corporation holding itself out as providing medical services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim is being made against this Defendant. 3. Defendant Carlisle HMA, LLC is a limited liability corporation holding itself out as providing medical services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim is being made against this Defendant. 4. Carlisle Regional Medical, Center .(hereinafter: "CRMC ") „ is a business organized and4 operating under the laws; of_.Pennsylvania, and holding itself out as providing medical services to the general public-at its facility, on Alexander : Spring Road, . Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim. is being made against this Defendant. 5. There were unnamed agents, servants, and employees of Defendants who were involved.. in Ms. Wollums' care :after a 1:1 supervision order was, called in . by Dr. Sipes on January. 6, 2012, who were agents, servants, and employees acting on behalf. of Defendants. -A medical professional negligence claim -is being made against these individuals. 6. At all times relevant to Plaintiff's cause of action, the aforesaid unnamed individuals, who were involved in Ms. Wollums' care after a 1:1 supervision order was, called in by Dr. Sipes on January 6, 2012, were agents, servants, and employees acting on behalf of Defendants. OPERATIVE FACTS 7. On January 4, 2012, Plaintiff arrived at the .Emergency Department at Carlisle Regional Medical Center :with abdominal pain, at approximately 3:13 p.m. 8. Plaintiff presented to the ED with diarrhea, nausea, and vomiting. . 9. Abnormal labs results indicated either acute or chronic pancreatitis, and Urinary Tract Infection,,,and. Plaintiff was admitted from the Emergency Department to the Med /Surg service of Carlisle Regional Medical Center at approximately 4:32 p.m. on January 4, 2012. s 22. At approximately 12:50, a.m., a sitter was in the room with Plaintiff. 23. On January 6, 2012, at approximately 3:50 p.m., Defendant's risk manager informed Plaintiff's fiance, Plaintiff had suffered a fracture resulting from fall. 24. On January 6, 2012, a failed attempt to reduce the fracture was made. 25. On January 10, 2012, right shoulder surgery was done; it was open reduction internal. fixation and humeral head hemiarthroplasty. 26. On January 15, 2012, Plaintiff was discharged from med/ surg to CRMC's inpatient rehab. 27. At all times relevant the staff responsible for Plaintiff's care were employees, servants, and /or agents of Defendants. 28. Plaintiff's injury was caused solely by the Defendants' negligence, and was in no way caused by her own actions. COUNT I NEGLIGENCE/ RESPONDEAT SUPERIOR CAROL WOOOLUMS V. DEFENDANTS 29. Paragraphs 1 -28 are incorporated as if set forth in full. 30. At all times relevant, Defendants were acting through their staff who were Defendants' employees, servants and /or agents. 31. Defendants' negligence consisted of the following: a) Failing to follow a doctor's order; b) Failing to communicate a doctor's order to those who would carry it out; c) Failing to follow a doctor's order for 1:1 supervision; d) Failing to recognize unsafe patient behavior requiring 1:1 supervsion; e) Failing to monitor patient closely after physician order for 1:1 monitoring for patient safety; fl Failing to place a sitter with Plaintiff; and g) Failing to restrain Plaintiff for her own safety when monitored 1:1. 32. As a sole result of Defendants' negligence, Plaintiff has suffered injuries, some of which are severe and permanent, including, but not limited to: a) Dislocation of the right shoulder; b) Right humeral head displaced inferiorly and medially; c) Anterior glenohumeral fracture - dislocation; d) Displacement of the humeral head fracture fragments; e) Four part facture dislocation , right shoulder. fl Right shoulder fracture resulting in failed attempt at closed reduction on January 7, 2012; g) Right shoulder fractures, requiring open reduction internal fixation surgery and humeral head hemiarthoplasty January 10, 2012; h) Lacerations to left knee and chin; i) Anemia; j) Scarring from surgery; and k) Damage to associated muscles, nerves, and ligaments. 33. As a result of Defendants' negligence, Plaintiff endured pain and suffering, and will continue to endure pain and suffering into the future. 34. As a result of Defendants' negligence, Plaintiff incurred medical costs, and will continue to incur medical costs into the future some of which may be recoverable medical liens and some of which may be unreimbursed out of pocket expenses. 35. As a result of Defendants' negligence, Plaintiff will require future medical treatment. 36. As a result of Defendants' negligence, Plaintiff suffered a loss of income, will continue to suffer a loss of income, and suffered an impairment of earning capacity. 37. As a result of Defendants' negligence, Plaintiff suffered a loss of life's pleasures. WHEREFORE, Plaintiff demands judgment in excess of the compulsory arbitration limit in Cumberland County. COUNT II CORPORATE NEGLIGENCE CAROL WOOLUMS V. DEFENDANTS 38. Paragraphs 1 -37 are incorporated herein as if set forth in full 39. Defendants owed Plaintiff a non - delegable duty to ensure her safety and wellbeing at the hospital. 40. Defendants negligence consisted of: a) Failure to hire, train, and supervise qualified and competent med /surg nurses; b) Failure to hire, train, and supervise qualified 1:1 patient sitters; C) Failure to supervise nurses to ensure they follow physician's orders; d) Failure to supervise nurses to ensure they communicate doctor's orders to those who would carry them out; e) Failure to establish policies, procedures, and protocols for 1:1 monitoring for patient safety; fl Failure to establish policies, procedures, and protocols for communicating physician orders to those who would carry them out; and g) Failure to have adequate staffing to give required 1:1 monitoring for patient safety, when ordered. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the compulsory limits for Cumberland County. Respectfully submitted, SCHMIDT KRAMER PC By.s �9 David Joseph Ch man, re I.D. No. 209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Date: �JNE L'[, L0�3 Attorney for Plaintiff VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Carol Woolums, verify that I am the Plaintiff in this action and that the foregoing Complaint is based upon the information which has been gathered by my counsel in preparation of this action. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Carol Woolums Date: SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff ichapman(&schmidtkramer. com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLISLE HMA, LLC I, David Joseph Chapman, Esquire, certify that: ❑ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND /OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ❑ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. . Respectfully submitted, SCHMIDT KRAMER PC By: David Josep hapman, squire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: :1 - 01 4 r. 2 7, 2,0t3 SCHMIDT KRAMER PC . BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff ichapmar a,schmidtkramer.com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLISLE HMA, INC. I, David Joseph Chapman, Esquire, certify that: ❑ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND /OR �the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ❑ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph an, Es wire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: IJN&C z 7 r 113 SCHMIDT KR.AMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff ichai)man(@-schmidtkramer.com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, Carlisle CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARLISLE REGIONAL MEDICAL CENTER I, David Joseph Chapman, Esquire, certify that: ❑ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or, exhibited by this physician in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND /OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ❑ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph C s uire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: SVAf S' 2 7 2-P%3 SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff ichapman(dschmidtkramer. com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. CARLISLE HMA LLC, Carlisle CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO UNNAMED AGENTS, SERVANTS, AND EMPLOYEES OF DEFENDANTS *'I, David Joseph Chapman, Esquire, certify that: I� 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 these medical 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; AND /OR ❑ the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ❑ expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, SCHMIDT KRAMER PC By: zog9�'t David Joseph Map-man", Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: J c0,! F 2 Z-06 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0 Till,fll�y 10 of OF TH PRO-M N 4,011 Jody S Smith 21113 JUt. I I AM 10: 3 10 Chief Deputy Richard W Stewart CUMBERLAW C00TY Solicitor OFDJICG(T T3Ic 44)i.E.Rlrr PENNSYLVANIA Carol C Woolums Case Number & CarvIisle HMA, Inc. (et al.) 2013-3753 SHERIFF'S RETURN OF SERVICE 07/05/2013 11:15 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Ann M. Spade, Chief Nursing Officer, who accepted as"Adult Person in Charge"for Carlisle HMA, Inc. at 361 Alexander Spring Road, South Middleton, Carlisle, PA 17015. J IE DIMAIAZZi, DEPUTY 07/05/2013 11:15 AM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Ann. M. Spade, Chief Nursing Officer,who accepted as"Adult Person in Charge"for Carlisle HMA, LLC. at 361 Alexander Spring Road, South Middleton, Carlisle, PA 17015. ,A lob TDIMAR-T+-t, DEPUTY 07/05/2013 11:15 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Ann M. Spade, Chief Nursing Officer, who accepted as"Adult Person in Charge"for Carlisle Regional Medical Center at 361 Alexander Spring Road, South Middleton, Carlisle, PA 17015. IE DIMAkjL*-, DEPUTY SHERIFF COST: $6724 SO ANSWERS, July 08, 2013 RbW4'� FANDERSON, SHERIFF (c)CountySufte Sheriff,Telecisoff,Inc. To: Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty(20)days from service hereof or a default judgment maybe entered against you. C Cs C Marc T. Levin,Esquire _ Caitlin J. Goodrich,Esquire U'�TC) .0 G CD WEBER GALLAGHER SIMPSON C'=' o STAPLETON FIRES &NEWBY LLP Attorneys for Defendant, � By: Marc T.Levin Carlisle HMA,LLC d/b/a = r a ID#70294 Carlisle Regional Medical Center Caitlin J. Goodrich,Esquire ID#209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg,PA 17101 (717)237-6940 CAROL C. WOOLUMS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : CIVIL ACTION CARLISLE HMA, LLC d/b/a NO. 13-3753 CARLISLE REGIONAL MEDICAL CENTER JURY TRIAL DEMANDED Defendant ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER OF DEFENDANT, CARLISLE HMA, LLC DB/A CARLISLE REGIONAL MEDICAL CENTER Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby answers Plaintiffs Complaint and avers as follows: 1. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the corresponding paragraphs of Plaintiffs Complaint. Moreover, the allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 2. Denied. Carlisle HMA, Inc. ceased operating business on or before March 26, 2009 and, therefore, did not provide medical services to the general public at the times relevant to Plaintiff's Complaint. By way of further answer, Carlisle HMA, Inc. was voluntarily dismissed by stipulation, thereby precluding the need for further response. 3. Denied as stated. It is admitted only that Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center is a corporation that maintains a licensed hospital at 361 Alexander Spring Road, Carlisle, Pennsylvania, 17015. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. 4. Denied as stated. It is admitted only that Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center is a corporation that maintains a licensed hospital at 361 Alexander Spring Road, Carlisle, Pennsylvania, 17015. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. 5. Denied. Any and all allegations of agency are denied inasmuch as the purported agents, servants and/or employees have not been identified. By way of further answer, it is specifically denied that Dr. Sipes was an agent, servant, and/or employee of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, or that he was acting within the course and scope of his agency and/or employment with Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. 6. Denied. Any and all allegations of agency are denied inasmuch as the purported agents, servants and/or employees have not been identified. By way of further answer, it is specifically denied that Dr. Sipes was an agent, servant, and/or employee of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, or that he was acting within the course and scope of his agency and/or employment with Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. OPERATIVE FACTS 7-26. Denied. Plaintiffs course of care and treatment is as set forth in the medical records relevant to this case. To the extent that the allegations contained in the Complaint are inconsistent with, differ from or are contrary to said records, those allegations are specifically denied and strict proof thereof is demanded at trial, if relevant. Furthermore, the remaining allegations contained in those paragraphs are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 27. Denied. Any and all allegations of agency are denied inasmuch as the purported agents, servants and/or employees have not been identified. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. 28. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. COUNT I: NEGLIGENCE/RESPONDEAT SUPERIOR Plaintiff v. Defendant 29. Answering Defendant incorporates by reference the answers to paragraphs 1 through 28, inclusive, as fully as though the same were set forth herein at length. 30. Denied. Any and all allegations of agency are denied inasmuch as the purported agents, servants and/or employees have not been identified. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 31. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 32. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 33. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 34. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 35. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 36. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 37. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiff. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. COUNT H: NEGLIGENCE Plaintiff v. Defendant 38. Answering Defendant incorporates by reference the answers to paragraphs 1 through 37, inclusive, as fully as though the same were set forth herein at length. 39. Denied. The allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. 40. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiff and in all respects conformed to accepted medical standards of care. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. NEW MATTER 41. Plaintiff s claims are barred by the Statute of Limitations at 42 Pa. C.S.A. Section 5524, in that this action was not commenced within two years from the time when the alleged injury was done. 42. Plaintiff has failed to plead facts sufficient to toll the applicable Statute of Limitations. 43. Answering Defendants at all times material hereto acted in a careful, reasonable, and prudent manner, consistent with the requisite Standards of Care which prevailed in the community at the time of the alleged occurrence. 44. Plaintiff's decedent's condition was pre-existing and/or the unfortunate outcome was likely despite any appropriate medical intervention by Answering Defendants herein. 45. Plaintiff failed to supply to Answering Defendants with a complete medical history upon which to formulate the most appropriate medical treatment. 46. Plaintiffs cause of action is barred in whole or reduced in part by the applicable doctrines of assumption of the risk, comparative negligence and/or contributory negligence. 47. If the Answering Defendants were negligent in any respect as alleged in the Complaint, all such allegations being specifically denied, said Defendant's negligence was passive, and the alleged damages sustained by the Plaintiff were the result of an intervening negligent act of a third person or persons, which was a superseding cause of Plaintiffs damages and, therefore, the Answering Defendants are not liable. 48. Plaintiffs claimed injuries, if proven true, were caused in whole or in part by entities and/or individuals over whom Answering Defendants neither had the right nor the ability to control. 49. Plaintiffs claimed injuries were caused in whole or in part by Plaintiff s decedent's failure to properly heed the instructions and/or warnings of Answering Defendants. 50. Plaintiffs cause of action is barred by the Equitable Doctrine of Latches. 51. Monetary damages sought, in the nature of either punitive or delay damage, are unconstitutional and/or violative of due process, equal protection and other constitutional standards. 52. Plaintiffs Complaint has failed to state a claim for which relief may be granted against Answering Defendants. 53. The Plaintiffs claim and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error Act (M-Care) 40 P.S. Sec. 1303.101, et seq., as amended. 54. The allegations of Plaintiffs Complaint do not state a claim against the Answering Defendants which would authorize or entitle Plaintiff to recover punitive or exemplary damages. 55. Plaintiff may have already entered into a release with other entities which has the effect of discharging Answering Defendants in this action. 56. Answering Defendants hereby plead the Mental Health Procedures Act, 50 P.S. §7114, and all other statutes under that Act as a full or partial defense to averments in Plaintiffs Complaint. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETONN FIRES &FWBY,LLP By. �--- Marc T. Levi , Esq. Caitlin J. Goodrich, Esq. Attorney for Defendant, Carlisle HMA, LLC and Carlisle Regional Medical Center Date: -74,103 VERIFICATION I, Richard Newell, Chief Executive Officer of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, verify that I am authorized to take this Verification on behalf of Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, and that the facts set forth in the foregoing Answer to Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to penalties of Pa. C.S.A. §4904 relating to unsworn falsification to authorities. RIC WELL Dated: 7-1& -13 Y CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP B : Y Marc T. Levin, Esquire Attorney ID# 70294 DATE: 7/�74 3 1 � fi {.iF Fiw� SCHMIDT KRAMER PC :; i�1'L t' 13 TH 0 N 01 BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 2313 JUL 24 AM 10' 23 209 State Street Harrisburg, PA 17101 CUMBERLAND COU P'' (717) 232-6300 , � 'aNSYU WAeys for Plaintiff jchapman n,schmidtkramer.com CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 13-3753 CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, MEDICAL PROFESSIONAL LIABILITY ACTION Defendant JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 41. Plaintiff's claims are not barred by the Statute of Limitations. 42. Denied. Plaintiff filed her Complaint within the proper time frame. 43. Denied. Medical care was not provided within the standard of care as set forth in greater detail in Plaintiff's Complaint. 44. Denied. This paragraph appears to be a standard and rote Defense allegation, having no application to this particular case as Plaintiff remains alive. To the extent that a response is required, the paragraph is specifically denied, and strict proof is required thereof. . 45. Denied. Plaintiff's medical history was well known, as set forth in greater detail within Plaintiff's Complaint. 46. Plaintiff's cause of action is not barred or reduced by the assumption of the risk, comparative negligence, nor contributory negligence. t � 47. This paragraph is a conclusion of law to which no response is required. 48. This paragraph is a conclusion of law to which no response is required. 49. Denied. Plaintiff's injuries were caused by the Defendants, as set forth more specifically in Plaintiff's Complaint. 50. Plaintiff's cause of action is not barred by the Equitable Doctrine of Laches. 51. This paragraph is a conclusion of law to which no response is required. 52. . Denied. Plaintiff's Complaint does state a claim on which this Court may grant relief. 53. Denied. Plaintiff's claims are not limited or barred by the provisions of MCARE. 54. Denied. Allegations within Plaintiff's Complaint may state a claim against Defendants where punitive or exemplary damages are appropriate, and Plaintiff demands strict proof of this allegation. 55. Denied. Plaintiff has not entered into a Release. 56. This paragraph is a conclusion of law to which no response is required. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the arbitration limits in Cumberland County. Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph Chapman, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorneys for Plaintiff 7/�3� .� CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this day, served a copy of the foregoing document by serving a cop of the e same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, Y , addressed to: Marc T. Levin, Esquire Caitlin Weber Gallagher S mpson Sta p Fires Fi 200 North Third Street Fles 8v Newby Suite 9A Harrisburg, PA 17101 Respectfully submitted, SCHMIDT KR.AMER PC By: David Josep Cha an, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date:-712 ( 3 Attorneys for Plaintiff WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP � , ,' b c'" u• r i. By: Marc T.D# 70294 Levin, Esq. Attorney fors t ' r r 'tjl d\ By: Caitlin J. Goodrich ' ID# 209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 CAROL C. WOOLUMS • IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : NO. 13-3753 CARLISLE HMA, LLC, CARLISLE HMA, INC., AND CARLISLE REGIONAL MEDICAL CENTER STIPULATION TO DISMISS AND AMEND CAPTION AND NOW COME the Plaintiffs and Defendants, by and through their respective counsel, and hereby stipulate and agree as follows: 1. Defendants hereby represent that Carlisle HMA, Inc. ceased operating business on or before March 26, 2009 and, therefore, did not provide health care services to Plaintiff as alleged in Plaintiff's Complaint; 2. Based upon the foregoing, counsel stipulate and agree that Carlisle HMA, Inc. is dismissed; 3. Defendants hereby represent that "Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center" is the proper legal name of Carlisle Regional Medical Center; a i 4. Based upon the foregoing, counsel stipulate and agree that "Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center" is substituted within the caption to reflect the proper name of defendants, "Carlisle HMA, LLC" and/or"Carlisle Regional Medical Center"; 5. The new caption shall read as follows: CAROL C. WOOLUMS IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY vs. . NO. 13-3753 CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER 6. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Ardrj By A. By • David Joseph 164.;man., Esq. Marc T. L- 'n, Esquire Attorneys for Plaintiff Caitlin J. Goodrich, Esquire Attorneys for Defendants, Carlisle Regional Medical Center, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, and Health Management Associates, Inc. BY THE COURT: Date: J. WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP tidt3 id By: Marc T. Levin, Esq. b" ., ID# 70294 Attorney for Defen ,-:-F . ' ,;� �� By: Caitlin J. GoodrichEP ' S`i VA NIA ID# 209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 CAROL C. WOOLUMS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : NO. 13-3753 CARLISLE HMA, LLC, CARLISLE HMA, INC., AND CARLISLE REGIONAL MEDICAL CENTER STIPULATION AND NOW COME the Plaintiff and Defendants, by and through their respective counsel, and hereby stipulate and agree that any and all claims for vicarious liability against Defendants, which are set forth in Plaintiffs Complaint for the actions or omissions of unidentified and unnamed healthcare providers, including any actual and/or ostensible agents, servants, and/or employees, are strictly limited to individuals identified by Plaintiff, by way of either written correspondence or supplemental answers to interrogatories, by the end of the discovery period in this matter. The end of discovery will be determined by either a court imposed deadline or a stipulated deadline. Defendants shall cooperate in good faith in producing documents and witnesses requested by Plaintiff in a timely manner. Either party may request the Court extend the factual discovery deadline for cause shown, which will also extend the deadline for Plaintiff to identify those persons for whom Plaintiff claims the Defendants are vicariously liable. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By 44 /I � B �•... _ � - Y David Joseph p . -., q. Marc T. Le , Esquire Attorneys for Plaintiff Caitlin J. Goodrich, Esquire Attorneys for Defendants, Carlisle Regional Medical Center, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, and Health Management Associates, Inc. BY THE COURT: Date: J. <'a c.wa WEBER GALLAGHER SIMPSON r n r° STAPLETON FIRES &NEWBY LLP Attorneys for Defendant, t.w By: Marc T. Levin Carlisle HMA,LLC d/b/a ID#70294 Carlisle Regional Medical Center Caitlin J. Goodrich,Esquire y. , —,' ID#209256 ,; Fulton Bank Building _ 200 North Third Street, Suite 9A Harrisburg,PA 17101 (717)237-6940 CAROL C. WOOLUMS, • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA v. • • CIVIL ACTION CARLISLE HMA, LLC d/b/a • NO. 13-3753 CARLISLE REGIONAL MEDICAL • CENTER • • JURY TRIAL DEMANDED Defendant • ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marc T Levin, Esquire, and Caitlin J. Goodrich, Esquire on behalf of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, in the above-captioned action. WEBER GALLAGHER SIMPSON STAPLETO► • !' _ _ EWBY, LLP By: Marc T. Levin, Esquire By: Caitlin J. Goodrich, Esquire DATE: 7/23/13 CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NE Y LLP By: Marc T. Levin, Esquire Attorney ID# 70294 DATE:7/25/13 WEBER GALLAGHER SIMPSON OF THE FRO Tliotio T'�rz ` STAPLETON FIRES &NEW_ BY LLP ZDI�JUL 25 ;�� By: Marc T. Levin, Esq. 8 22 ID# 70294 Attorney for Defert ,ans ���LD COUNTY By: Caitlin J. Goodrich 1' RLA ID# 209256 VANIA Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 CAROL C. WOOLUMS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. . NO. 13-3753 CARLISLE HMA, LLC, CARLISLE HMA, INC., AND CARLISLE REGIONAL MEDICAL CENTER STIPULATION AND NOW COME the Plaintiff and Defendants, by and through their respective counsel, and hereby stipulate and agree that any and all claims for vicarious liability against Defendants, which are set forth in Plaintiffs Complaint for the actions or omissions of unidentified and unnamed healthcare providers, including any actual and/or ostensible agents, servants, and/or employees, are strictly limited to individuals identified by Plaintiff, by way of either written correspondence or supplemental answers to interrogatories, by the end of the discovery period in this matter. The end of discovery will be determined by either a court imposed deadline or a stipulated deadline. Defendants shall cooperate in good faith in producing documents and witnesses requested by Plaintiff in a timely manner. Either party may request the Court extend the factual discovery �.� i, deadline for cause shown, which will also extend the deadline for Plaintiff to identify those persons for whom Plaintiff claims the Defendants are vicariously liable. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By By Ck�� David Joseph p ✓Marc T. Le , Esquire Attorneys for Plaintiff Caitlin J. Goodrich, Esquire Attorneys for Defendants, Carlisle Regional Medical Center, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, and Health Management Associates, Inc. BY THE COURT: Date: �3 T'h aS A. Placey J. Cpmmon Pleas Judge r"Ico 7�7 l L a! TI �10 14- 01480MG CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 x c.r, r-- In the Matter of: Court of Common Pleas-: 0' CAROL C. WOOLUMS Cumberland County - VS F• a "r CARLISLE REGIONAL MEDICAL CENTER No. 13 -3753 "' C7:7 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of MARC LEVIN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was /were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is /are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is /are identical to the subpoena(s) which is /are attached to the notice of intent to serve the subpoena(s). c\(1 _sukfu DATE: 3/24/2014 MARC LEVIN, ESQUIRE i Counsel for Defendant Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107. (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com CAROL C. WOOLUMS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS.. CARLISLE REGIONAL MEDICAL No. 13 -3753 CENTER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to CAROL WOOLUMS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 4, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com CAROL C. WOOLUMS VS. CARLISLE REGIONAL MEDICAL CENTER CCLR File NO. 14- 01480MG COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/4/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/24/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) !would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. *OOLUMS Plaintiff. : File No. 1 VS. CARLISLE REGIONAL MEDICAL CENTER Defendant —3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TopiLAN J. MIRA, MD MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail, legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SI413POENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:MARC LEVIN, ESQUIRE C(71,R, inc. ut Streei„ Ste- 601 l'ihae.,cielpies.1, PA 19107 215-732-1177 ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR:DEFENDANT Date: BY THE CO Prothorro Civil Divis n Deputy cc Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-01480MG ************************** ADDENDUM TO SUBPOENA ************************** To: ALAN J. MIRA, M.D. - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (008: 12129/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff. File No. 1 3 -3753 VS. CARLISLE REGIONAL MEDICAL CENTER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR TIHNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DEPT. OF PUBLIC WELFARE — OFFICE OF ADMINISTRATION (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 ADDENDUM * ** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE ,EOLLOWING"PERSON: �" R NAME :MARL LEUIN, ESQUIRE il., Inc. ADDRESS: 17"15 `'VVasiaut. Street, Ste 601 Philadelphia, PA 19107 TELEPHONE: 215 -732 -1177 SUPREME COURT I:D # ATTORNEY FOR: Dr%V1 N "UAN'1' BY THE COU Prothonotar ""' vi1 Division Date: Seal of the - urt Deputy CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01480MG * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * *** * * * * * * * *. * * ** To: DEPT OF PUBLIC WELFARE - OFFICE OF ADMINISTRATION Re: CAROL WOOLUMS ANY AND ALL RECORDS, REPORTS, DOCUMENTS, ANY WRITTEN INFORMATION PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff .: File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL CENTER Defendant SUBPOENA TO-PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO:IMAGING CENTER OF LANCASTER — RADIOLOGY FILE ROOM (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 ADDENDUM * ** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SU$POENA WAS - ISSUED AT THE REQUEST OF THE-- FOLLOWING PERSON: NAME:MARC LEVIN, ESQUIRE in C. ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DE1, 'ENDAN`1 Date: 1310 Waiout Street,, Ste, 601 P hkiadelph3n, PA 19107 215 -732 -1177 BY THE CO.' Prothonota Civil Divisio Deputy CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01480MG * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: IMAGING CENTER OF LANCASTER - RADIOLOGY FILE ROOM Re: CAROL WOOLUMS ANY AND ALL FILMS, MRI'S, CAT SCANS, X -RAYS, BILLING RECORDS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . File No. 1 3'3753 VS. CARLISLE REGIONAL MEDICAL CENTER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MASLAND ASSOCIATES INC— MEDICAL RECORDS DEPARTMENT (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 ADDENDUM at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE-REQUEST OF TIDE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT Date: Seal of the dourt 1315 a_ tc 6 Philadelphia, PA 19107 215 - 732 -1177 BY THE CP VIP otary, Civil Divi on Deputy • Ali, CCLR Center City Legal Reproductions; Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 Al • (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01480MG * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * ** * * * * * * * * * * * * * * * * * * * * ** To: MASLAND ASSOCIATES INC. - MEDICAL RECORDS DEPARTMENT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12129/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff .: File No. 1 3 — 3 7 5 3 VS. CARLISLE REGIONAL MEDICAL. CENTER Defendant SUBPOENA TO'P-RODUCE'DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ORTHOPEDIC INSTITUTE OF PA— MEDICAL RECORDS DEPARTMENT (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 ADDENDUM * ** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS • ISSUED AT THE REQUEST OF THE .FOLLOWING PERSON: NAMEMARC LEVIN, ESQUIRE r15 Walaut Stree,4 Ste 601. Phiciadelphia9PA 19107 TELEPHONE: SUPREME COURT fD # 215-73�'�� �77 ATTORNEY FOR: DEFENDANT Date: J Seal of the ours BY THE C notary, Civil Divisio Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-01480MG ************************** ADDENDUM TO SUBPOENA ************************** To: ORTHOPEDIC INSTITUTE OF PA - MEDICAL RECORDS DEPARTMENT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS FROM DR. FRANKENY, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS. REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff VS. CARLISLE REGIONAL MEDICAL` CENTER Defendant TO: FileNo. 13 -3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 SOCIAL SECURITY ADMINISTRATION DISABILITY DEPARTMENT (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 ADDENDUM *** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE - REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT Date: r CC -Lit, Inc. 1313 Wa ai<u.t Streei, Ste, 601 Philadielphia, PA 19107 215-732-1177 BY THE notary, Civil D Seal of the Court Deputy „Ash., CCLR • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 01480MG * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA *- * ** *. * * ***: * * ** * * *: * * * * *- * * ** To: SOCIAL SECURITY ADMINISTRATION - DISABILITY DEPARTMENT Re: CAROL WOOLUMS ANY AND ALL DISABILITY RECORDS, REPORTS, DOCUMENTS, ANY WRITTEN INFORMATION PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) 14-02328MG CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 +77-) cr, In the Matter of: Court of Common Plea CAROL C. WOOLUMS Cumberland County CO C7, VS - CARLISLE REGIONAL MEDICAL CENTER No. 13-3753 ‘=„. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of MARC LEVIN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 4/21/2014 MARC LEVIN, ESQUIRE Counsel for Defendant CC R Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com CAROL C. WOOLUMS vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CARLISLE REGIONAL MEDICAL No. 13 -3753 CENTER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to CAROL WOOLUMS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 31, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CCLR MEM III Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com CCLR File NO. 14- 02328MG CAROL C. WOOLUMS vs. CARLISLE REGIONAL MEDICAL CENTER • COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/31/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 4/21/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. yes / no yes / no (4) I would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff File No. 13-3753 • CARLISLE REGIONAL MEDICAL CTR Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:WEIS MARKETS—RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC n., ESQUIRE —A DDRESS ; 1315 0 TELEP e P 0.1 SUPREME COU'Ic 41:1,7T i • !OIL" ATTORNEY FOP_ EFENDANT Date: Seal of the urt BY THE COU Pro no Cwil Div ion Deputy • II II II Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-02328MG ************************** ADDENDUM TO SUBPOENA ************************** To: WEIS MARKETS - RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL PRESCRIPTION RECORDS, NAME OF PHYSICIAN PRESCRIBING MEDICATION, BILLS , INSURANCE AND PAYMENT RECORDS, PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 j chapman(r schmidtkramer, coin CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, Defendants 4r_8 coiseil)4AND c014 teys for Plaintiffs r4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 13-3753 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiff objects to the proposed subpoenas which are attached to these objections for the following reasons: mental health records are protected by the Pa. Mental Health Procedures Act, and they are not intended to lead to production of admissible evidence under the Pa. Rules of Civil Procedure. Respectfully submitted, SCHMIDT KRAMER PC By: Date: ink � 1-0( N vid Joseph Ch3man, squire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this 6th day of May, 2014, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires &, Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Respectfully submitted, SCHMIDT KRAMER PC By avid J• eph.p Attorney I.D. #' #9519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plamtiff. : File No. 1 3-3753 VS. CARLISLE REGIONAL MEDICAL CTR • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT BEHAVIORAL HEALTH MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are orderedb the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS —^" 1315 Walnut Street., 1 TEL SUP ATTORNEY 2116'•�_E l fNT .i • 4 a Date: I of the Cort _172z y on Deputy CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03071MG ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT BEHAVIORAL HEALTH - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . : File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL CTR -.: Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA COUNSELING CENTERS MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: 4,,�^� o , 1315 igr.::a..:. �ereet, Ste 601 TELE WNE: SUPRME COUR•F(140. IA 19107 ATTORNEY FO`Z2,I11#F jj}}A1T� Date: a Seal of the ours, Deputy BY THE C Prothono ary, Civil Divisi CCLR I ■ ■ ■ Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: PENNSYLVANIA COUNSELING CENTERS - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS • • Plaintiff .. : File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL.CTR: Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ROXBURY TREATMENT CENTER MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek .in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: ,, nc. 1315 Walnut Street, Ste. 601 TELEPERMilad Iin, PA 19107 SUPREME CO ATTORNEY FO Date: Seal of the Quit 1 BY THE • I ' T: i JL 'rothonotary, Civil Di ision Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: ROXBURY TREATMENT CENTER - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin ID# 70294 Caitlin J. Goodrich, Esquire ID# 209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER Defendant IN THE COURT OF COMMON PLEA; CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 13-3753 JURY TRIAL DEMANDED c-) C) 7.7 4) r t DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS AND PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORY REQUESTS Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby incorporates by reference all of the facts and case law set forth in its Memorandum of Law as if more fully set forth herein at length. WHEREFORE, Moving Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, respectfully requests that this Honorable Court enter the attached Order and strike Plaintiff's Objections to Defendant's Notices of Intent to Serve Subpoena on Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center and strike Plaintiff's Objections to Defendant's Supplemental Interrogatory Requests Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON IRES & NEWBY, LLP By: Date: f 1% Marc T. Le in, Esquire Caitlin J. Goodrich, Esquire Attorney for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin ID# 70294 Caitlin J. Goodrich, Esquire ID# 209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 13-3753 JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS AND PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORY REQUESTS I. MATTER BEFORE THE COURT Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center's (1) Motion to Strike Plaintiff's Objections to Notices of Intent to Subpoena Directed to Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center and Defendant's (2) Motion to Strike Plaintiff's Objections to Supplemental Interrogatory Requests. II. QUESTIONS PRESENTED 1. Should this Honorable Court strike Plaintiff's objections to the notices of intent to subpoena medical records directed to the facilities who provided Carol Woolums with mental health care and/or alcohol rehabilitation treatment inasmuch as these records are relevant to Plaintiff's claim for damages? SUGGESTED ANSWER: Yes. 2. Should this Honorable Court strike Plaintiff's objections to Defendant's Supplemental Interrogatory Requests related to Plaintiff s psychiatric and/or psychological care inasmuch as these records are relevant to Plaintiff's claim for damages? SUGGESTED ANSWER: Yes. III. FACTUAL AND PROCEDURAL HISTORY On January 4, 2012, Plaintiff, Carol Woolums, presented to the Carlisle Regional Medical Center Emergency Department with metabolic encephalopathy, acute pancreatitis, and history of recurrent pancreatitis secondary to alcoholism. Although her former bouts of pancreatitis were related to alcohol abuse, Plaintiff insisted that she had not consumed any drugs or alcohol for over seven months. Plaintiffs symptoms at the time of admission included abdominal pain lasting three days, with some nausea and vomiting. She also suffered from general weakness, memory impairment, and confusion as to place and time. On the evening of January 6, 2012, Plaintiff was observed to be restless and confused, and was attempting to climb out of bed. Ativan was ordered to decrease the patient's agitation and Plaintiff was placed on one-to-one supervision for safety. Notwithstanding one-to-one supervision, Plaintiff suffered a fall in her room approximately two hours later. As a result of the fall, Plaintiff suffered a laceration to her right chin and left knee, and a fracture to her right shoulder. In the course of discovery, Defendant became aware that Plaintiff required hospitalization and/or treatment at Holy Spirit Behavioral Health, Roxbury Treatment Center, and Pennsylvania Counseling Centers for mental health counseling and alcohol detoxification. Additionally, discovery revealed that Plaintiff has struggled with alcohol abuse for almost five decades, at that her alcohol abuse has significantly impaired her physical and mental health. In order to determine the extent of Plaintiff's depression and anxiety, as well as its effect on Plaintiff's overall well-being, Defendant served Plaintiff with supplemental interrogatory requests seeking information regarding Plaintiff's mental health treatment. Plaintiff responded by way of objection citing to the Mental Health Procedures Act. A true and correct copy of Plaintiffs Answers to Supplemental Interrogatories is attached hereto as Exhibit "A". Upon receipt of Plaintiff's Objections, counsel for the Defendant wrote to Plaintiff as follows: I am in receipt of your client's responses and objections to Defendant's Supplemental Interrogatory Requests, which I believe to be insufficient as a matter of law. While you are correct that the Mental Health Procedures Act provides safeguards for medical records, Defendant's interrogatory requests were certainly not in violation of the Act. With proper authorization or Court Order, mental health records may be produced within a medical malpractice action. Additionally, your claim that Defendant's interrogatory requests are "not likely to lead to admissible evidence as Plaintiff's claims for damages do not include a mental injury" ignores the fact that Plaintiff's Complaint asserts a claim for "loss of life's pleasures" and "impairment of earning capacity", both of which can be affected by a pre-existing mental health condition. Plaintiff, by filing the instant lawsuit to recover for personal injuries, has put her physical, mental, and emotional health at issue. Therefore, her medical records — including her mental health records — are relevant to the scope of Plaintiff's injuries, and are discoverable pursuant to the laws of this Commonwealth. I, therefore, ask that you provide amended responses to Defendant's Supplemental Interrogatory Requests, with proper verifications signed by Plaintiff. If I do not receive your amended responses within ten (10) days, I will have no choice but to file a motion to strike your responses to discovery. A true and correct copy of Attorney Goodrich's May 5, 2014 letter is attached hereto as Exhibit "B". Plaintiff's counsel responded the following day, indicating that he "disagree[d] that just because [Carol Woolums] is making a loss of life's pleasures claim that any mental health issues are admissible."' A true and correct copy of the email from Attorney Chapman dated May 6, 2014 is attached hereto as Exhibit "C". In addition to serving Plaintiff with discovery requests, Defendant similarly notified Plaintiff of its Intent to Notice Subpoenas of Plaintiff's mental health and substance abuse providers, including Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center. A true and correct copy of the Notices of Intent to Subpoena directed to Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center are attached hereto as Exhibit "D". Accompanying the Notices of Intent were requests for Plaintiff to sign Authorizations permitting release of the records. On May 6, 2014, Plaintiff's counsel advised Defendants that he would be objecting to the subpoenas and requested Defendants to contact the copy service to ensure that the records were not produced. See Exhibit "C". Plaintiff thereafter filed Objections to Subpoenas, which stated in pertinent part: Plaintiff objects to the proposed subpoenas which are attached to these objections for the following reasons: mental health records are protected by the Pa. Mental Health Procedures Act, and they are not intended to lead to production of admissible evidence under the Pa. Rules of Civil Procedure. See Objections to Subpoenas Pursuant to Rule 4009.21, which is attached hereto as Exhibit "E". Inasmuch as the requested information is relevant to Plaintiff's damages, Moving Defendant now files the instant (1) motion to strike Plaintiff's objections to supplemental interrogatory requests and compel more complete responses thereto and (2) motion to strike 1 Plaintiffs counsel acknowledged within the correspondence that Plaintiff would withdraw her claim for impairment of future income. See Exhibit "C". No mention was made within the correspondence regarding whether Plaintiff's claim for past lost income would be sought at trial; however, given the fact that Plaintiff was not employed at the time of her injury, Moving Defendant believes that Plaintiff's statements reflect the withdraw of all damages related to past and future income. Plaintiffs objections to the subpoenas directed to Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center. IV. ANALYSIS A. Plaintiff's Mental Health And Substance Abuse Records Are Relevant To Plaintiff's Claim For Damages And, Therefore, Are Discoverable. The overall policy of discovery is to obviate trial by surprise and, with very limited exception, to require parties to open their files to each other. It is not ground for objection that the information sought will be inadmissible at the time of trial if the information sought appears to be reasonably calculated to lead to the discovery of admissible evidence. Pennsylvania Rule of Civil Procedure 4003.1. Further, the courts have held that discovery should be liberally allowed and that limitations thereof should be narrowly construed. Weber v. Campbell's Soup Co., 41 Pa. D.&C. 3d 229, 230. The Courts have acknowledged that the disclosure of confidential medical information following the filing of a personal injury lawsuit by a plaintiff -patient constitutes "a limited invasion of privacy" that is "justified under the circumstances." In Re June 1979 Alleghany County Investigating Grand Jury, 490 Pa. 143, 152 n. 11, 415 A.2d 73, 78 n. 11 (1980). Moreover, a plaintiff impliedly is considered to have consented to the disclosure of information which is considered confidential in "civil matters brought by such patient for damages on account of personal injuries." 42 Pa.C.S. § 5929; Slayton v. Biebel, 37 Pa.D. & C.4th 140 (1998). Plaintiff's Complaint alleges that as a result of the negligence of Carlisle Regional Medical Center, Carol Woolums "endured pain and suffering, and will continue to endure pain and suffering into the future. See Plaintiff's Complaint at ¶ 33, which is attached hereto as Exhibit "F". Plaintiff's Complaint also alleges that Carol Woolums "suffered a loss of income, Will continue to suffer a loss of income, and suffered an impainrment of earning capacity." See Exhibit "F" at ¶ 36. Finally, Plaintiff alleges that Carol Woolums has sustained a loss of life's pleasures and will continue to suffer the same in the future as a result of Defendant's negligent conduct. See Exhibit "F" at ¶ 37. The information sought by subpoenas and written discovery are intended to illustrate Plaintiffs mental status prior to and after her injury and, therefore, are relevant to Plaintiff's claim for damages. By way of example, a jury may find that Plaintiff's claim for "loss of life's pleasures" should be diminished if she struggled with suicidal ideation, depression, anxiety, and excessive alcohol use in the years prior to her injury. Additionally, if something other than Plaintiff s fractured shoulder contributed to and/or caused Plaintiff depression and anxiety in the months following the subject injury, this is certainly important to Plaintiffs claim for emotional damages and, therefore, should be discoverable. Similarly, a jury may find that Plaintiffs history of excessive alcohol consumption may limit her future damages inasmuch as alcohol abuse is known to limit a person's life expectancy. Where a plaintiff alleges a permanent injury, the plaintiffs life expectancy is in issue. Kraus v. Taylor, 710 A.2d 1142, 1145 (Pa. Super. 1998) (holding that a claim for personal injury necessitates consideration of life expectancy), reargument denied, appeal granted 727 A.2d 1109, 556 Pa. 257, appeal dismissed as improvidently granted, 743 A.2d 451, 560 Pa. 220 (Pa. Super 2000); see also Mulholland v. Dietz, 896 F. Supp. 179, 180 (E.D. Pa. 1994) (holding that a court can order release of records where there is a finding of good cause, which includes claims which implicate plaintiffs physical or mental condition). Further, where life expectancy is at issue, the Plaintiffs history of chronic drug and alcohol abuse or use is relevant to determine life expectancy. Kraus, 710 A.2d at 1145. The Court in Kraus specifically held that "[a]llowing tplaintiff] to pursue a claim for permanent injury, while simultaneously barring [defendants] from access to appellant's long history of drug and alcohol abuse, would be manifestly unfair and grossly prejudicial." Id. (citing O'Boyle v. Jensen, 150 F.R.D. 519 (M.D. Pa. 1993). Finally, a jury may find that Plaintiff's history of alcohol use/abuse may have affected her recollection of events during the subject hospitalization. Although Plaintiff denied drinking alcohol in the seven months prior to her hospitalization, the myriad of prior hospitalizations reflect that Plaintiff had routinely been less than forthcoming about her alcohol use/abuse. If the mental health and alcohol rehabilitation treatment records reveal that Plaintiff was, in fact, abusing alcohol at the time of her hospitalization, Plaintiff's memory and credibility may be at issue. Plaintiff, by filing the instant lawsuit to recover for personal injuries, has put her physical, mental, and emotional health at issue. Therefore, her medical records are relevant to the scope of Plaintiff's injuries, and are discoverable pursuant to the laws of this Commonwealth. See Moses v. Underwriters Adjusting Company 379 Pa. Super. 150, 161, 549 A.2d 950 (1988) (holding that Plaintiff's medical records, including those pre -dating an alleged injury, are discoverable). Plaintiff should not be allowed to prevent Defendants from discovering all relevant information regarding her health by issuing blanket objections or limiting the scope of inquiry to certain information. Therefore, Plaintiff's Objections to the subpoenas and discovery requests must be stricken by this Court. B. The Mental Health Procedures Act Does Not Preclude The Production Of Mental Health Records In A Personal Injury Action; Rather, Mental Health Records May Be Produced Upon Written Consent By The Patient -Plaintiff Or Upon Court Order. In order to obtain relevant information regarding Plaintiffs mental health and substance abuse treatment, Defendant served onto Plaintiff supplemental interrogatory requests and a Notice of Intent to serve subpoenas. Plaintiff has objected to both, citing the Mental Health Procedures Act. See Exhibits "A" and "E". Although it is true that the legislature has enforced safeguards to protect a patient's mental health records, the Mental Health Procedures Act allows such records to be released upon written consent of the patient or by Court Order. See Mental Health Procedures Act, 50 P.S. § 5100.34(a), § 5100.32(a)(7), and § 5100.35(a)(1). Specifically, the Act reads as follows: Access to records, as defined in § 5100.33(b) (relating to patient's access to records and control over release of records) will be granted to persons other than the patient upon written consent of the client/patient. With the consent, copies of excerpts or a summary of a record may be provided to specific persons at the discretion of the director. If copies of excerpts or summaries are provided, a charge may be made against the patient or person receiving the record for the cost of making the copies. The facility may require payment for the copies in advance. Mental Health Procedures Act, 50 P.S. § 5100.34(a) (emphasis added). Assuming a patient does not consent to the release of his/her records — as is the case herein — mental health records may be produced in response to Court Order. Mental Health Procedures Act, 50 P.S. § 5100.35(b)(l) ("Whenever a client/patient's records are subpoenaed or otherwise made subject to discovery proceedings in a court proceeding, other than proceedings authorized by the act, and the patient/client has not consented or does not consent to release of the records, no records should be released in the absence of an additional order of court). Inasmuch as Plaintiff has refused to consent to disclosure of her mental health and substance abuse treatment records, Defendant now moves this Court for an Order demanding production of the same. As set forth more fully in Section (B) of this Motion, supra, Plaintiff's mental health records and substance abuse records are relevant to Plaintiff's claim for damages and, therefore, a Court Order releasing these records for the limited purpose of litigation is appropriate. Ultimately, the Court serves as the gatekeeper to discovery and, upon raising of a valid objection or other discovery dispute, the Court will have final say on what is discoverable and what is not. In the instant matter, the requested medical information is relevant to Plaintiff's allegations of damages, including Plaintiff's allegations of loss of life's pleasures, loss of income, and pain and suffering. Moving Defendant will be irreparably prejudiced in its ability to prepare and defend this case for trial if the requested records are not produced. Accordingly, Moving Defendant respectfully requests that this Honorable Court enter an Order striking Plaintiff's objections to Moving Defendant's subpoenas and discovery requests. V. CONCLUSION Based upon the foregoing, Moving Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, respectfully requests that this Honorable Court enter the attached Order and strike Plaintiff's Objections to Defendant's Notices of Intent to Serve Subpoena on Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center and strike Plaintiff s Objections to Defendant's Supplemental Interrogatory Requests Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Date: "C/13 i ILI Marc T. Levin, Esquire Caitlin J. Goodrich, Esquire Attorney for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center CERTIFICATE OF SERVICE I, Caitlin J. Goodrich, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By, DATE: 57 13 / ll aitlin J. Goodrich, Estire Attorney ID# 209256 MAY 0 5 RECD SchmidtKramer 209 State Street Harrisburg, Pennsylvania 17101 717.888.8888 FAX 717.232.6467 www.schmidtkramer.com INJURY LAWYERS April 24, 2014 Caitlin J. Goodrich, Esquire Weber Gallagher Simpson Stapleton Fires & Newby 2000 Market Street 13th Floor Philadelphia; PA 19103 RE: Woolums v. Carlisle Regional Medical Center, et al. Dear Ms. Goodrich: Enclosed please find Plaintiff's Answers to Defendant's Supplemental Interrogatories. Should you have any questions, please telephone me at the office. Thank you. Very truly yours, SCHMI K ' Odo D. Joseph C Attorney at Law DJC/ anb Enclosure SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 jchapman(3 schmidtkramer.com Attorneys for Plaintiffs CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 13-3753 CARLISLE HMA LLC, CARLISLE : CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES OF DEFENDANT, CARLISLE HMA, LLC D/B/A CARLISLE REGIONAL MEDICAL CENTER DIRECTED TO PLAINTIFF To: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 INTERROGATORIES 1. Have you ever received psychiatric or psychological care? Answer: Objection. This interrogatory is in violation of the PA Mental Health Procedures Act, and is not likely to lead to admissible evidence as Plaintiff's claims for damages do not include a mental injury. If your answer to the preceding Interrogatory is in the affirmative, please state: (a) The name and address of the treating psychiatrist, psychologist, or therapist; (b) The date(s) in which you sought psychiatric, psychological, or therapeutic treatment; Answer: Objection. This interrogatory is in violation of the PA Mental Health Procedures Act, and is not likely to lead to admissible evidence as Plaintiff's claims for damages do not include a mental injury. Respectfully submitted, SCHMIDT KRAMER PC id Joseph C'apman, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: Oftriit. 2,41 2-6, Lf VERIFICATION I, David Joseph Chapman, Esquire, verify that I am attorney of record for the Plaintiff, and that the foregoing document is based upon information within the knowledge of the Plaintiff and attorney. However, the Plaintiff has not been able to verify it fully as of yet. For that reason, I make this Verification on Plaintiffs behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: ,4ran- 75, z- 1 SCHMIDT KRAMER PC 2 450 avid Joseph C 'apma Attorney at Law Attorney I.D. No. 209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this 201'' day of April, 2014, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires 86 Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Respectfully submitted, SCHMIDT KRAMER PC 401.0 2.4 David Jose 4",11 an, Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Weber L Gallagher 2000 Market Street, 13`1' Floor Philadelphia, PA 19103 May 5,2014 VIA. FACSIMILE & U.S. MAIL David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 1(215)972-7900 r•' (215) 564-7699 Direct Dial: (267) 295-3367 Email: cgoodrich®wglaw.com RE: Woolums, Carol v. Carlisle Regional Medical Center, et al. Our File Number: 0070978 Dear Joe: I am in receipt of your client's responses and objections to Defendant's Supplemental Interrogatory Requests, which I believe to be insufficient as a matter of law. While you are correct that the Mental Health Procedures Act provides safeguards for medical records, Defendant's interrogatory requests were certainly not in violation of the Act. With proper authorization or Court Order, mental health records may be produced within a medical malpractice action. Additionally, your claim that Defendant's interrogatory requests are "not likely to lead to admissible evidence as Plaintiff's claims for damages do not include a mental injury" ignores the fact that Plaintiff's Complaint asserts a claim for "loss of life's pleasures" and "impairment of earning capacity", both of which can be affected by.a pre-existing mental health condition. Plaintiff, by filing the instant lawsuit to recover for personal injuries, has put her physical, mental, and emotional health at issue. Therefore, her medical records — including her mental health records — are relevant to the scope of Plaintiff's injuries, and are discoverable pursuant to the laws of this Commonwealth. I, therefore, ask that you provide amended responses to Defendant's Supplemental Interrogatory Requests, with proper verifications signed by Plaintiff. If I do not receive your amended responses within ten (10) days, I will have no choice but to file a motion to strike your responses to discovery. CJG/vlr Very truly yours, Caitlin J. Goodrich Weber Gallagher Simpson Stapleton Fires & Newby LLP I www.wglaw.com _ 1 , Caitlin J. Goodrich From: Joe Chapman <jchapman@schmidtkramer.com> Sent: Tuesday, May 06, 2014 10:16 AM To: Caitlin J. Goodrich Subject: RE: 0070978 Woolums, Carol v. Carlisle Regional Medical Center, et al. 2012308672: woolums v. crmc Caitlin. Understood. All fair. Thanks. Joe Chapman SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101. 717-888-8888 www.schmidtkramer.com From: Caitlin J. Goodrich [mailto:cgoodrich@wglaw.comj Sent: Tuesday, May 06, 2014 10:13 AM To: Joe Chapman Subject: RE: woolums v. crmc Joe, Thank you for your quick and courteous response. I will still want those records, even if a future work impairment claim is withdrawn, and will file a motion to strike objections and compel more specific responses. I will advise our copy service of your objections; however, please note that I will be filing a motion for those as well. As always, I appreciate your professionalism in this manner. Best regards, Caitlin J. Goodrich, Esquire Weber Gallagher 2000 Market Street, Suite 1300, Philadelphia, PA 19103 T: 267.295.3367, F: 215.564.7699 cgoodrich@wglaw.com, www.wglaw.com **** E-mail Confidentiality Notice**** The information contained in this electronic message may contain attorney-client privileged and confidential information intended only for the use of the owner of the email address listed as the recipient of this message. If you are not the intended recipient of this e-mail message you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please notify the sender by return e-mail; and by telephone at 215.972.7900. Weber Gallagher Simpson Stapleton Fires & Newby LLP From: Joe Chapman[mailto:jchapman@schmidtkramer.com] Sent: Tuesday, May 06, 2014 10:05 AM 1 To: Caitlin J. Goodrich Subject: woolums v. crmc Caitlin. • Good morning. Got your letter dated May 5, 2014. I am sorry that I did not call you before sending out the objections to the mental health records.. I just got jammed up or would have otherwise let you know. We withdraw the claim for impairment of future earnings. I will be glad to put that on the record when Ms. Woolums is deposed. I disagree that just because she is making a loss of life's pleasures claim that any mental health issues are admissible. By this email I also object to the subpoena of records from PA Counseling, Holy Spirit Behavioral Health, and Roxbury. Please do not allow those subpoenas to be sent by CCLR. We have always been more than civil, and I hope you understand this is just something we will probably disagree about. Thanks. Joe Chapman SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 717-888-8888 www. schmidtkramer. com 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . : File No. 13 - 3 7 53 VS. CARLISLE REGIONAL MEDICAL CTR'.. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:HOLY SPIRIT BEHAVIORAL HEALTH MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE 1.315 Walnut Surest, Alai. 601. TEL: SUPRE ATTORNEY 2c16-4. Date: Seal of the Ce(irt BY THE CO RT: , Civil Divi on Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03071MG ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT BEHAVIORAL HEALTH - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff VS. CARLISLE REGIONAL MEDICAL CTR Defendant File No. 13-3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009/2 T0: PENNSYLVANIA COUNSELING CENTERS MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: 6 L Inc. L115 ,-•.',,.. • 2..;; treet, 601 TELEPHONE: i SUPR ME COURT fffi 1. "cin 19107 ATTORNEY FUtflilzViA Seal of theourt BY THE C Prothonotary, Civil Divis Deputy CLLR ■ ■ ■ ■ Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ADDENDUM TO SUBPOENA ************************** To: PENNSYLVANIA COUNSELING CENTERS - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS • Plaintiff .: File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL.CTR: Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ROXBURY TREATMENT CENTER MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC�vvLEVIN, ESQUIRE ADDRESS: CCLR,, Inc. 1.315 Walnut Street, Ste. 601 TELEPEj41H SUPREME CO ATTORNEY FOR:2 Date: Seal of Court J BY THE rothonotary, Civil Di ision Deputy •s CCLR.411126. EIMEME Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: ROXBURY TREATMENT CENTER - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED " (DOB: 12129/1949) SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D, 4#209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 j ehapmanaschinidtkramer. com Attorneys for Plaintiffs CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v, : No. 13-3753 CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER,• • : CIVIL ACTION - LAW • • Defendants : JURY TRIAL DEMANDED OBJECTIONS TO SUBPOENAS PURSUANT TO RULE 4009.21 Plaintiff objects to the proposed subpoenas which are attached to these objections for the following reasons: mental health records are protected by the Pa. Mental Health Procedures Act, and they are not intended to lead to production of admissible evidence under the Pa. Rules of Civil Procedure. Respectfully submitted, SCHMIDT KRAMER PC B Date: /414-( 2-' N vid Joseph Ch man, squire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, 1, David Joseph Chapman, hereby certify that I have, this 6th day of May, 2014, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Respectfully submitted, SCHMIDT KRAMER PC By vidJ. eph Attorney I.D. 4# 519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff .: File No. 1 3— 3 7 53 VS. CARLISLE REGIONAL MEDICAL CTR•• . Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT BEHAVIORAL HEALTH MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered b the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADISS- CI',xe 1315 Walnut Street, Ata • 601 TELEMICIf.: SUP ATTORNEY 1216,. El` l BHNT Date: J;b t ,24:31y Seal of the Cotrt BY THE CO RT: P t , Civil Divi on Deputy CCLR ■ a .■ I Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03071MG ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT BEHAVIORAL HEALTH - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff VS. CARLISLE REGIONAL MEDICAL CTR Defendant FileNo. 13-3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA COUNSELING CENTERS MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: CCL .., 1315 Ti:Q►:;a.., , TELE SNF: SUPR v E COUR"F w#. 7. 'cj 19107 ATTORNEY FO,fl FBF I2A j� Date:/ Seal of the ourt BY THE C Prothonotary, Civil Divisi Deputy CLLR ■ ■ . ■ ■ Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ADDENDUM TO SUBPOENA ************************** To: PENNSYLVANIA COUNSELING CENTERS - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS VS. • Plaintiff . : File No. CARLISLE REGIONAL MEDICAL.CTR: Defendant 13-3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ROXBURY TREATMENT CENTER MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: CCLR, Inc. • TELEPF adelDhjj, P4 _19107 SUPREME COU ATTORNEY FOM, Al T Data: Seal of the ou THE � eT: 'honotary, Civil Di CCL ■ ■:.■ ■ Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: ROXBURY TREATMENT CENTER - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., •PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) 0£ Pa/3 8 00i EXHIBIT F SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE" I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 icharananAschmidtkramer. corn +.1"; 0 ..AND i , '✓ s ' ; `e i 'r AHI fXttorncys for Plaintiff CAROL C. WOOLUMS, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. a3 -.3)s. a/ CARLISLE HMA LLC, CARLISLE : CI'V'IL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, : MEDICAL PROFESSIONAL LIABILITY : ACTION Defendant : 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenur is e, -PA 17013 (717) 249'3166 �RUn COPY FROM }sl, Ira ssler.,;ws?r>c.Y.. �).q' Pr filOrlOar'y SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 2326300 jchapman(Qa schmidtkramer.com CAROL C. WOOLUMS, Plaintiff v. CARLISLE:HMA LLC, CARLISLE HMA, INC., and CARLISLE. REGIONAL MEDICAL CENTER, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. : CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY : ACTION • Defendant : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) Bias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier surra de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 ichapm aaschmidtkramen corn Attorneys for Plaintiff CAROL C. WOOLUMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA • v. : No. CARLISLE HMA LLC, CARLISLE CIVIL ACTION - LAW HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, : MEDICAL PROFESSIONAL LIABILITY : ACTION • • Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Carol C. Woolums, by and through her attorneys, Schmidt Kramer PC, and avers the following: 1. Plaintiff, Carol C. Woolums is an adult individual residing in Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant Carlisle HMA, Inc., is a corporation holding itself out as providing medical services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim is being made against this Defendant. 3. Defendant Carlisle HMA, LLC is a limited liability corporation holding itself out as providing medical services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim is being made against this Defendant. 4. Carlisle Regional Medical Center (hereinafter "CRMC") is a business organized and operating under the laws of Pennsylvania, and holding itself out as providing medical services to the general public at its facility on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. A medical professional negligence claim is being made against this Defendant. S. There were unnamed agents, servants, and employees of Defendants who were involved in Ms. Wollums' care after a 1:1 supervision order was called in by Dr. Sipes on January 6, 2012, who were agents, servants, and employees acting on behalf of Defendants. A medical professional negligence claim is being made against these individuals. 6. At all times relevant to Plaintiff's cause of action, the aforesaid unnamed individuals, who were involved in Ms. Wollums' care after a 1:1 supervision order was called in by Dr. Sipes on January 6, 2012, were agents, servants, and employees acting on behalf of Defendants. OPERATIVE FACTS 7. On January 4, 2012, Plaintiff arrived at the Emergency Department at Carlisle Regional Medical Center with abdominal pain, at approximately 3:13 p.m. 8. Plaintiff presented to the ED with diarrhea, nausea, and vomiting. 9. Abnormal labs results indicated either acute or chronic pancreatitis, and Urinary Tract Infection, and Plaintiff was admitted from the Emergency Department to the Med/Surg service of Carlisle Regional Medical Center at approximately 4:32 p.m. on January 4, 2012. 10. At approximately 10:00 p.m., Plaintiff was restless, and at approximately 10:20 she was given ativan for restlessness. 11. At 11:10 p.m., on January 4, 2012, she was found on the floor of her hospital room, when her roommate called for help. 12. In the morning of January 5, 2012, at approximately 8:05 a.m., she was noted to have periods of confusion. 13. On January 5, 2012, at approximately 4:00 p.m., Plaintiff said she was very drowsy and requested that the siderails be put up on the bed. 14. At or around 8:00 p.m., Plaintiff was restless, confused and climbing out of bed and leaving the room to "go home." A nursing supervisor was notified. 15. At a time between 7:45 p.m., and 8:40 p.m., a telephone order was received from Dr. Sipes by Lynda Ballentine, RN, to provide 1:1 supervision of Plaintiff due to agitation for patient's safety. Ativan was also to be given. 16. At approximately 8:00 p.m., Plaintiff was given Ativan for agitation. 17. Unnamed employees, servants, and agents were responsible to carry out Dr. Sipes' order and watch Plaintiff on 1:1 supervision basis. 18. At approximately, 10:00 p.m., Plaintiff pulled her IV out. 19. At or around 10:05 p.m., Plaintiff fell in her hospital room, and had laceration on left knee, and right chin; and stated her right arm hurt. 20. After her fall, Plaintiff was moved to a different room with another sitter. 21. At approximately 12:50 a.m., on January 6, 2012, a stat X-ray was called for Plaintiffs right shoulder. 4 22. At approximately 12:50, a.m., a sitter was in the room with Plaintiff. 23. On January 6, 2012, at approximately 3:50 p.m., Defendant's risk manager informed Plaintiff's fiance, Plaintiff had suffered a fracture resulting from fall. 24. On January 6, 2012, a failed attempt to reduce the fracture was made. 25. On January 10, 2012, right shoulder surgery was done; it was open reduction internal fixation and humeral head hemiarthroplasty. 26. On January 15, 2012, Plaintiff was discharged from med/surg to CRMC's inpatient rehab. 27. At all times relevant the staff responsible for Plaintiff's care were employees, servants, and/or agents of Defendants. 28. Plaintiffs injury was caused solely by the Defendants' negligence, and was in no way caused by her own actions. COUNT I NEGLIGENCE/ RESPONDEAT SUPERIOR CAROL WOOOLUMS V. DEFENDANTS 29. Paragraphs 1-28 are incorporated as if set forth in full, 30. At all times relevant, Defendants were acting through their staff who were Defendants' employees, servants and/or agents. 31. Defendants' negligence consisted of the following: a) Failing to follow a doctor's order; b) Failing to communicate a doctor's order to those who would carry it out; c) Failing to follow a doctor's order for 1:1 supervision; d) Failing to recognize unsafe patient behavior requiring 1:1 supervsion; e) Failing to monitor patient closely after physician order for 1:1 Monitoring for patient safety; f) Failing to place a sitter with Plaintiff; and g) Failing to restrain Plaintiff for her own safety when monitored 1:1. 32. As a sole result of Defendants' negligence, Plaintiff has suffered injuries, some of which are severe and permanent, including, but not limited to: a) Dislocation of the right shoulder; b) Right humeral head displaced inferiorly and medially; c) Anterior glenohumeral fracture-dislocation; d) Displacement of the humeral head fracture fragments; e) Four part facture dislocation , right shoulder. f) Right shoulder fracture resulting in failed attempt at closed reduction on January 7, 2012; g) Right shoulder fractures, requiring open reduction internal fixation surgery and humeral head hemiarthoplasty January 10, 2012; h) Lacerations to left knee and chin; i) Anemia; j) Scarring from surgery; and k) Damage to associated muscles, nerves, and ligaments. 33. As a result of Defendants' negligence, Plaintiff endured pain and suffering, and will continue to endure pain and suffering into the future. 34. As a result of Defendants' negligence, Plaintiff incurred medical costs, and will continue to incur medical costs into the future some of which may be recoverable medical liens and some of which may be unreimbursed out of pocket expenses. 35. As a result of Defendants' negligence, Plaintiff will require future medical treatment. 36. As a result of Defendants' negligence, Plaintiff suffered a loss of income, will continue to suffer a loss of income, and suffered an impairment of earning capacity. 37. As a result of Defendants' negligence, Plaintiff suffered a loss of life's pleasures. WHEREFORE, Plaintiff demands judgment in excess of the compulsory arbitration limit in Cumberland County. COUNT II CORPORATE NEGLIGENCE CAROL WOOLUMS V. DEFENDANTS 38. Paragraphs 1-37 are incorporated herein as if set forth in full 39. Defendants owed Plaintiff a non -delegable duty to ensure her safety and wellbeing at the hospital. 40. Defendants negligence consisted of: a) Failure to hire, train, and supervise qualified and competent med/surg nurses; b) Failure to hire, train, and supervise qualified 1:1 patient sitters; c) Failure to supervise nurses to ensure they follow physician's orders; d) Failure : to supervise nurses to ensure they communicate doctor's orders to those who would carry them out; e) Failure to establish policies, procedures, and protocols for 1:1 monitoring for patient safety; f) Failure to establish policies, procedures, and protocols for communicating physician orders to those who would carry them out; and g) Failure to have adequate staffing to give required 1:1 monitoring for patient safety, when ordered. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the compulsory limits for Cumberland County. Date: iJae Li1. LoI3 Respectfully submitted, SCHMIDT KRAMER PC David Joseph Ch I.D. No. 209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 14-03006MG CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas CAROL C. WOOLUMS Cumberland County - VS - CARLISLE REGIONAL MEDICAL CENTER No. 13-3753 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of MARC LEVIN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) whictpplare attached to the notice of intent to serve the subpoena(s). U) r r- -,< te- cj �r.: )V r ri -469_ vis DATE: 5/12/2014 'MARC LEVIN, ESQUIRE Counsel for Defendant CCLR •••• Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CAROL C. WOOLUMS VS. CARLISLE REGIONAL MEDICAL No. 13-3753 CENTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to CAROL WOOLUMS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: April 21, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CAROL C. WOOLUMS vs. CARLISLE REGIONAL MEDICAL CENTER CCLR File NO. 14-03006MG COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 4/21/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) (3) I would like copies of X -Rays sent to me. OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 5/12/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL CTR: Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ALISTAIR M. BOUSTRED, M.D.—MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: g� SUPREME -CO ) a PA ATTORNEY FgR1 D,EF,EI\IDT Dats Q5`I Seal of tilt Court Deputy CCLR •... Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: ALISTAIR M. BOUSTRED, M.D. - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff. .: File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL.CTR: TO: • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HERSHEY MEDICAL CENTER MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESSCU �� x Inc. yp TELEPHONE;, +'his PA SUPREME • u t , ,1;1# ATTORN ^'i •.p . . Sea! of the Court BY TH Civil Divis on Deputy CCLR ma Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: HERSHEY MEDICAL CENTER - MEDICAL RECORDS DEPT. Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff File No. 13-3753 VS. .• CARLISLE REGIONAL MFr)TC'AT C`TR Defendant • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:JOHN R. FRANKENY, II, MD—MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** atCENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: , Inc. TIELEI HONE: u Stye l . "'::,. 2. 60! SUPREME CQURT IQ # ATTORNEY"i R:- Date:-��� Sea! of the CAI Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03006MG ************************** ADDENDUM TO SUBPOENA ************************** To: JOHN R. FRANKENY, II, M.D. - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 12/29/1949) CF THE PiOTHCHo i } CAROL C. WOOLUMS, �, Plaintiff as-' 4 4Y 28 AM 2'4 CUMBERLAND COW PENNSYLVANIA v. CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendant Zonal) of Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-03753 CIVIL TERM IN RE: DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO SUBPOENAS AND PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORY REQUESTS ORDER OF COURT AND NOW, this day of May 2014, upon consideration of Defendant's Motion to Strike Plaintiff's Objections to Subpoenas and Plaintiff's Objections to Defendant's Supplemental Interrogatory Requests, a RULE is issued upon Plaintiff to show cause why the subpoenas should not be served on Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center and why Plaintiff should not be ordered to respond to Defendant's Supplemental Interrogatory Requests. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. RULE RETURNABLE twenty (20) days from the date of service. Plaintiff SHALL include a proposed Order with her response. BY THE OURT, tribution: CiD'tlin J. Goodrich, Esq. ./David Joseph Chapman, Esq. Zz:C.0 i-t'/iy Thom s . Placey C.P.J. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin ID# 70294 Caitlin J. Goodrich, Esquire ID# 209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, « PENNSYLVANIA G7) CIVIL ACTION NO. 13-3753 -4.1=,. v C),,' JURY TRIAL DEMANDED 77 CERTIFICATE OF SERVICE I, Caitlin J. Goodrich, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing Order of May 28, 2014 issued by the Honorable Thomas Placey on the following: David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: DATE: 06/2/14 Caitlin J. Goodrih, Esquire Attorney ID# 209256 Weber 0 Gallagher Fulton Bank Building, 200 North Third Street, Suite 9A Harrisburg, PA 17101 June 2, 2014 David Joseph Chapman, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 T(717) 237-6940 F(717) 237-6949 Direct Dial: (267) 295-3367 Email: cgoodrich@wglaw.com RE: Woolums, Carol v. Carlisle Regional Medical Center, et al. Our File Number: 0070978 Dear Mr. Chapman: In compliance with the Court Order dated May 28, 2014, enclosed please find the Order of Court issued by the Honorable Thomas Placey, and Certificate of Service for the same. I appreciate your attention to this matter. CJG/mdt Enclosure Very truly yours, Caitlin J. Goodrich Weber Gallagher Simpson Stapleton Fires & Newby LLP 1 www.wglaw.com ti CAROL C. WOOLUMS,` Plaintiff ??14 MA128 > 'IQ. Zia CUMBERLAND COON i `r" PENNSYLVANIA v. CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendant 4Cmnntp of Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-03753 CIVIL TERM IN RE: DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS TO ° SUBPOENAS AND PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORY REQUESTS ORDER OF COURT AND NOW, this day of May 2014, upon consideration of Defendant's Motion to Strike Plaintiff's Objections to Subpoenas and Plaintiffs Objections to Defendant's Supplemental Interrogatory Requests, a RULE is issued upon Plaintiff to show cause why the subpoenas should not be served on Holy Spirit Behavioral Health, Pennsylvania Counseling Centers, and Roxbury Treatment Center and why Plaintiff should not be ordered to respond to Defendant's Supplemental Interrogatory Requests. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. RULE RETURNABLE twenty (20) days from the date of service. Plaintiff SHALL include a proposed Order with her response. BY T E OURT, Distribution: Caitlin J. Goodrich, Esq. David Joseph Chapman, Esq. Thom s , Placey C.P.J. SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 ichapman(a;schmidtkramer.com , 10Ir u 6 ,ki Zf1111,1?111 16 PH 2: 05 CUMBERLAND CO NT' RENNSYU ANIA Attorneys for Plaintiffs CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA • • : No. 13-3753 : CIVIL ACTION - LAW • • • • : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW OBJECTIONS TO SUBPOENAS Plaintiff hereby withdraws her objections to Defendants' Subpoenas; objections having been filed on May 3, 2014 concerning the following providers: Holy Spirit Behavioral Health Pa. Counseling Centers Roxbury Treatment Center Respectfully submitted, SCHMID By: Date: jj004 13, Zoi y avid Joseph Ch man, Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff r 24951 CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this 13th day of June, 2014, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Respectfully submitted, SCHMIDT KRAMER PC By David Joseph Ch Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff 14-04864MG CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas CAROL C. WOOLUMS Cumberland County -VS- CARLISLE REGIONAL MEDICAL CENTER No. 13-3753 CD crl • • -2. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of MARC LEVIN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). Alitit, s DATE: 7/7/2014 MARC LEVIN, ESQUIRE Counsel for Defendant Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CAROL C. WOOLUMS VS. CARLISLE REGIONAL MEDICAL No. 13-3753 CENTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to CAROL WOOLUMS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: June 17, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CAROL C. WOOLUMS vs. CARLISLE REGIONAL MEDICAL CENTER CCLR File NO. 14-04864MG COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 6/17/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) (3) would like copies of X -Rays sent to me. OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 7/7/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no yes / no Attorney for plaintiff(s) / defendant(s) JOSEPH CHAPMAN, ESQUIRE SCHMIDT KRAMER, P.C. 209 STATE ROAD HARRISBURG, PA 17101 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . : File No. 13-3753 VS. CARLISLE REGIONAL MEDICAL CTR Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT BEHAVIORAL HEALTH MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT Date: jg ati 2t Seal of the Court BYTH.CO 'T: h.'otary, Civil D ision Deputy CLLR.40166._ ME Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-04864MG ************************** ADDENDUM TO SUBPOENA ************************** To: HOLY SPIRIT BEHAVIORAL HEALTH - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . : File No. VS. CARLISLE REGIONAL MEDICAL CTR Defendant 13-3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA COUNSELING CENTERS MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT Date: SeaioftheC u:t BY TH • RT: ary, Civil Divi ion Deputy CLLR •.•„,, Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-04864MG ************************** ADDENDUM TO SUBPOENA ************************** To: PENNSYLVANIA COUNSELING CENTERS - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAROL C. WOOLUMS Plaintiff . : File No. VS. CARLISLE REGIONAL MEDICAL CENTER Defendant 13-3753 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ROXBURY TREATMENT CENTER MEDICAL RECORDS DEPARTMENT (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 ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:MARC LEVIN, ESQUIRE ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEN'ENDAN1 Date: i Seal of the&AD rt BY THE e ' Irran: may, Civi ivision Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-04864MG ************************** ADDENDUM TO SUBPOENA ************************** To: ROXBURY TREATMENT CENTER - MEDICAL RECORDS DEPT Re: CAROL WOOLUMS ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO CAROL WOOLUMS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** SCHMIDT KRAMER PC BY: DAVID JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 j chapman@schmidtkramer. corn Attorneys for Plaintiff CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 13-3753 CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR CASE MANAGEMENT ORDER (STIPULATED) AND NOW, comes the Plaintiff, Carol Woolums, by and through her attorneys, Schmidt Kramer PC, and prays this Court will grant her motion for a case management order, and sets forth in support, the following: 1. The captioned case sounds in professional medical negligence. 2. The parties have agreed on a case management plan. (See Stipulated Case Management Plan attached as Ex. A.) 3. Plaintiff moves this Court to issue an order consistent with the stipulated plan. 4. Plaintiff has conferred with Defense counsel, and they concur. Respectfully submitted, SCHMIDT KR #0.. id Jose C - • .• > squire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff CAROL C. WOOLUMS, Plaintiff v. CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA • : No. 13-3753 : CIVIL ACTION - LAW • Defendants : JURY TRIAL DEMANDED STIPULATED CASE MANAGEMENT PLAN Factual Discovery Completed by 9/1/14 Plaintiff's Expert Reports by 10/1/14 Defendants' Expert Reports by 11/15/14 Plaintiff's Supplemental Expert Reports by 12/1/14 Defendants' Rebuttal Expert Reports by 12/15/14 Dispositive Motions and Supporting Briefs by 1/15/15 List for Trial by either party after 2/15/15 By: David Joseph C Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff By: dkile Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Attorneys for Defendants CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this 'day of July, 2014, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Caitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires 86 Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Respectfully submitted, SCHMIDT KRAMER P a., David Joseph CV..man, Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff By: CAROL C. WOOLUMS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : No. 13-3753 CARLISLE HMA LLC, CARLISLE HMA, INC., and CARLISLE REGIONAL MEDICAL CENTER, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED CASE MANAGEMENT ORDER AND NOW, in accord with C.C.R.P. 208.3(a),et seq. it is hereby Ordered that the following deadlines, as stipulated by the parties, apply to the captioned case: • Factual Discovery Completed by 9/1/14 • Plaintiff's Expert Reports by 10/1/14 • Defendants' Expert Reports by 11/15/14 • Plaintiff's Supplemental Expert Reports by 12/1/14 • Defendants' Rebuttal Expert Reports by 12/15/14 • Dispositive Motions and Supporting Briefs by 1/15/15 • List for Trial by either party . /15 1 WV 4£ 14��' hlfll aur- CD rn 4.� �v. 24014( J. Thomas A. Placey Common Pleas Judge i Distribution List: .X3oseph Chapman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 Phone: (717) 232-6300 Fax: (717) 232-6467 jchapman@schmidtkramer.com taitlin J. Goodrich, Esquire Marc Levin, Esquire Weber Gallagher Simpson Stapleton Fires 84 Newby LLP 2000 Market St. 13th Floor Philadelphia, PA 19103 Phone: (267) 295-3367 cgoodrich@wglaw.com Co `es dal 1 cr1_, y .._./7)