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HomeMy WebLinkAbout13-4029 • k Ij Date: 6/24/2013 Dauphin County r Usel LGARCIA Time: 09:47 AM - Complete Case History (� 2� ��� V l Page 1 of 10 Case: 2013 -CV- 00922 -CV J ` Walter Chruby vs. Jeffrey Beard, etal. Filed: 2/1/2013 � '� c,...• t . I .. Subtype: Civil — Physical File: Y Appealed: N N r cad Comment: -- C ; -- r- - it Status History Pending 2/1/2013 Closed 6/20/2013 Judge History Date Judge Reason for Removal 2/1/2013 No Judge, Administrative 5/28/2013 Clark, Lawrence F. Jr. Current Payments Receipt Date Type Amount Morris and Clemm 289411 2/1/2013 Civil Filing 162.00 Total 162.00 Plaintiff Name: Chruby, Walter SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Morris, Robert F (Primary attorney), Send Notices Defendant Name: Beard, Jeffrey SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Mazeski, Vincent R (Primary attorney) Send Notices Defendant Name: Vincent, Mardiann SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y C0 4 Id 66 Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:17 AM 3 Complete Case History Page 2 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Kovacs, Martin SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Chamberlin, Dawn SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Chamberland, Dawn SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Kowaleski, Annette SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Mazeski, Vincent R (Primary attorney) Send Notices Defendant Name: Kowalaski, Annette SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:17 AM Complete Case History Page 3 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Pitkins, David SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Salameh, Jawad SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Noel, Paul SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Fogle, Alan SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Ellers, Richard SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:17 AM Complete Case History Page 4 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Delie, Joan SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Deli, Joan SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Lechene, Marge SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Hillegass, Wayne SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Thomas, Derek SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:17 AM • Complete Case History Page 5 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Maurala, Joseph SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Thomas, John SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Aiken, Lucille SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: McGrath, Robert SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Ginchereau, Eugene SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:17 AM Complete Case History Page 6 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Hardisky, Bobbi SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Walker, Frankie SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Rosen, Rochelle SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Ohler, Dennis SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Robinson, John SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/2412013 Dauphin County User: LGARCIA Time: 09: 17 AM Complete Case History Page 7 of 10 Case: 2013-CV-00922-CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: - Pennsylvania Department of Corrections SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: McQuillan, Dr SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Lintz, Kenneth SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Prison Health Services Inc SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Zaslow, David R (Primary attorney) Send Notices Defendant Name: Doe, John SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09: 17 AM Complete Case History Page 8 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Defendant Name: Doe, Jane SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Piovarchy, Michael SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Dupont, John SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Smeal, Shirley Moore SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Wetzel, John E SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Mazeski, Vincent R (Primary attorney) Send Notices Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:1`7 AM ' Complete Case History Page 9 of 10 Case: 2013 -CV- 00922 -CV Walter Chruby vs. Jeffrey Beard, etal. Register of Actions 2/1/2013 New Civil Case Filed This Date. No Judge, Plaintiff: Chruby, Walter Attorney of No Judge, Record: Robert F Morris Filing: Complaint Paid by: Morris and No Judge, Clemm Receipt number: 0289411 Dated: 2/1/2013 Amount: $162.00 (Check) For: Beard, Jeffrey (defendant) CIVIL ACTION TRANSFERRED IN THIS No Judge, MONTH. (In the United States District Court for The Middle District of Pennsylvania) AOPC MONTHLY CIVIL COURT STATISTICAL REPORT DATA AOPC MONTHLY CIVIL COURT No Judge, STATISTICAL REPORT DATA (AGING PURPOSES - CIVIL ACTION) 2/11/2013 Morris & Clemm by Robert F Morris, Esq No Judge, and David R. Jacquette, Esq enters appearance on behalf of Plaintiff: Chruby, Walter 5/28/2013 Office of Chief Counsel, by Vincent R. No Judge, Mazeski, Esquire enters appearance on behalf of the remaining DOC Defendants, Beard, Wetzel and Kowalewski. See Praecipe, filed. Defendants' Joint Emergency Motion to No Judge, Dismiss and for Protective Order, filed. Judge assigned to case. Clark, Lawrence F. Jr. 5/30/2013 Upon consideration of the Defendant's Clark, Lawrence F. Jr. Joint Emergency Motion to Dismiss and for Protective Order, IT IS HEREBY ORDERED that a Rule is issued upon the Plaintiff to file a full and complete Response to the Defendants' said Motion. THIS RULE IS RETURNABLE within five (5) days from service thereof. See ORDER, filed. Copies dist by Chambers 5 -31 -13 6/7/2013 Plaintiffs answer to defendants' joint No Judge, emergency motion to dismiss and for protective order, filed. Certificate of Service of plaintiffs answer No Judge, to defendants' joint emergency motion to dismiss and for protective order, filed. 6/10/2013 White & Williams by David R Zaslow, Clark, Lawrence F. Jr. Esq., Rosemary R. Schnall, Esq and Kim Kocher, Esq enters appearance on behalf of Defendant: Prison Health Services Inc Date: 6/24/2013 Dauphin County User: LGARCIA Time: 09:1 AM ' Complete Case History Page 10 of 10 Case: 2013 -CV- 00922 -CV. Walter Chruby vs. Jeffrey Beard, etal. Register of Actions 6/20/2013 Upon review of the Defendants' Joint Clark, Lawrence F. Jr. Emergency Motion to Dismiss and For Protective Order and Plaintiffs Answer o Defendants' Joint Emergency Motion to Dismiss and For Protective order, it is apparent to this Court that we lack both venue and jurisdiction to decide any matters in the above - docketed case. See COMPLETEO RDER filed. Copies dist on 6/20/13. The above case is hereby Transfer to the Clark, Lawrence F. Jr. Court of Common Pleas of Cumberland County. * * * *NO MORE ENTRIES CASE Clark, Lawrence F. Jr. TRANSFERRED * * ** TO THE COURT OF COMMON J0 Z 4 4EAS CUMBERLAND COUNTY I hereby certify that the re oing is a true and cor ct cop of he rigiVal filed. Pro . .rtVW., WALTER CHRUBY, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENN YLVaIA C_ V. CIVIL ACTION - LAW "V-C Zk-- C:>t ^' z: JEFFREY BEARD, et al., —�, Defendants N0. 2013 CV 922 ORDER' AND NOW, to wit, this 20 day of June, 2013, upon.review of the Defendants' Joint Emergency Motion to Dismiss and For Protective Order and Plaintiff's Answer to Defendants' Joint Emergency Motion to Dismiss and For Protective Order, it is apparent to this Court that we lack both venue and jurisdiction to decide any matters in the above - docketed case. Therefore, IT IS HEREBY ORDERED that the above - captioned case shall be immediately transferred to the Cumberland County Court of Common Pleas. Inasmuch as the Motion for Protective Order filed by the Defendants' requires the prompt attention, the Dauphin County Prothonotary is directed to transfer the case file to the Cumberland County Prothonotary. BY =:THE. COURT: dulwao 13 . Lawr -nce= F.,;._Y =, ;fir. , .....M Judge'' - - 1�hereb�y ,cei�fy that ,the foregoing is 91 true and correct copy of the original filed. aft Prothn0btmly x � DISTRIBUTION: David R. Jacquette, Esquire, Plymouth Woods Office Center, 527 Plymouth Road, Suite 416, Plymouth Meeting, PA 19462 -1641 Vincent R. Mazeski, Esquire, PA Department of Corrections, Office of Chief Counsel, 1920 Technology Parkway, Mechanicsburg, PA 17050 David R. Zaslow, Esquire, 1650 Market Street, One Liberty Place, Suite 1800, Philadelphia, PA 19103 -7395 Cumberland County Prothonotary, 1 Courthouse Square, Suite 1.00, Carlisle, PA 17013 Dauphin County Prothonotary FILE 2 H ' Copies Distributed a DateL, Ynidals ® � WALTER CHRUBY, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA 1I-1 o V. CIVIL ACTION - LAW ` - c E. JEFFREY BEARD, et al., :, Defendants NO. 2013 CV 922 a f Z7 CJ ORDER w AND NOW, to wit, this 20 day of June, 2013, upon review of the Defendants' Joint Emergency Motion to Dismiss and For Protective Order and Plaintiff's Answer to Defendants' Joint Emergency Motion to Dismiss and For Protective Order, it is apparent to this Court that we lack both venue and jurisdiction to decide any matters in the above - docketed case. Therefore, IT IS HEREBY ORDERED that the above- captioned case shall be immediately transferred to the Cumberland County Court of Common Pleas. Inasmuch as the Motion for Protective Order filed by the Defendants' requires the prompt attention, the Dauphin County Prothonotary is directed to transfer the case file to the Cumberland County Prothonotary. BY= -THE-COURT: Lawre- n.ce - , F,; - Cla -rk Jr. , Judge'' JUN; 24 1013 h4'o y the foregoing Is a =40ff true and copy of the drlgi filed. Protbo Vincent R. Mazeski o Pennsylvania Department of Corrections' �c Office of Chief Counsel � aC> 1920 Technology Parkway - as_ ry = - nn Mechanicsburg, PA 17050 co (717) 728 -7763 Fax No.: (717) 728 -0307 F C) s � Email: vmazeski(a-state.pa.us IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, et al., Defendants DEFENDANTS' JOINT EMERGENCY MOTION TO DISMISS AND FOR PROTECTIVE ORDER AND NOW, come the Defendants, by and through Counsel, and hereby move this Honorable Court as follows: 1. This case contains a lengthy procedural and factual history. 2. Plaintiff, Walter Chruby, is an inmate incarcerated at the state correctional institution (SCI) at Laurel Highlands. 3. The remaining three Department of Corrections (DOC) Defendants are former Secretary of the DOC, Jeffrey Beard, current Secretary of the DOC, John Wetzel and the Corrections Health Care Administrator (CHCA) at SCI - Laurel Highlands, Annette Kowalewski. 4. The fourth remaining Defendant is Prison Health Services, Inc. (PHS), now Corizon. 5. Plaintiff initiated the present litigation in federal court in August 2009. Chruby v. Beard, No. 09 -1641 (M.D. Pa.). 6. In December 2012, the Parties stipulated to the dismissal of what was left of Plaintiffs third amended complaint with the exception of a breach of contract count against the above mentioned four Defendants. 7. In January 2013, the federal court declined supplemental jurisdiction over the remaining state claim and dismissed the case. 8. Plaintiff filed this case in Dauphin County on February 1, 2013. 42 Pa. C. S. § 5103. 9. Thereafter, as the pleadings had been closed in federal court, Plaintiff's Counsel attempted to begin discovery and schedule the deposition of Dr. Jawad Salameh, the medical director at SCI - Laurel Highlands. 10. Both Counsel for the DOC and PHS communicated their objections to Plaintiff's Counsel to this matter proceeding in Dauphin County. 11. Nevertheless, on May 16, 2013, Plaintiff's Counsel sent a notice of deposition for Dr. Salameh to be deposed in Philadelphia on June 11, 2013. 2 12. The breach of contract count arose from a settlement agreement .executed in August 2007. Chruby v. Beard, No. 05 -2397 (M.D. Pa.). 13. At all relevant times, Plaintiff was at SCI - Laurel Highlands in Somerset County, Pennsylvania, SCI - Pittsburgh in Allegheny County, Pennsylvania, or Conemaugh Hospital in Cambria County, Pennsylvania. 14. At all relevant times, DOC Defendants Beard and Wetzel were located in the DOC's Central Office in Cumberland County, Pennsylvania. 15. At all relevant times, DOC Defendant Kowalewski was at SCI - Laurel Highlands in Somerset County, Pennsylvania. 16. At all relevant times, PHS Defendant's corporate headquarters was located in Brentwood, Tennessee. 17. The alleged breaches occurred in Somerset County, Pennsylvania. 18. The Parties and the claims have no connection with Dauphin County. 19. Without explanation, Plaintiff persists in litigating this case in Dauphin County. Venue 20. Actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. 42 Pa. C. S. § 8523. 3 21. The principal offices of Commonwealth parties are the same as those offices designated in § 111.1(b) and (c) (relating to service of process). 37 Pa. Code § 111.4. 22. For the DOC, the designated office is the Office of Chief Counsel 2520 Lisburn Road Post Office Box 598 Camp Hill, Pennsylvania 17001 -8764. 37 Pa. Code § 111.1. 23. Though since October 2010, the Office of Chief Counsel has been located at 1920 Technology Parkway Mechanicsburg Pennsylvania 17050. 24. Either way, both addresses are in Cumberland County. 25. The local office of the Commonwealth party is the local office located in that county where the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. 37 Pa. Code § .111.4. 26. Based on the foregoing, venue is not proper in Dauphin County. 27. Venue would only be appropriate in Somerset County. Shaffer v. DOT, 842 A.2d 989 (Pa. Cmwlth. 2004)(Court affirmed order by the Allegheny CCP sustaining DOT's preliminary objections and transferring the case to Forest County where venue lie); Simons v. SCI -Camp Hill, 615 A.2d 924 (Pa. Cmwlth. 1992)(Court affirmed order by the Philadelphia CCP sustaining SCI -Camp Hill's preliminary objections and transferring the case to Cumberland County where venue lie); Bogetti v. DOT, 601 A.2d 421 (Pa. Cmwlth. 1991)(Court affirmed order 4 by the Allegheny CCP sustaining DOT's preliminary objections and transferring the case to Northumberland County where venue lie). Jurisdiction 28. Aside from the venue issue, the Court of Common Pleas of Dauphin County lacks jurisdiction to hear this case. 29. As this case is for breach of contract against a Commonwealth agency, jurisdiction exclusively lies with the Board of Claims. 62 Pa..C.S. § 1724. 30. Alternatively, as this case was filed against a Commonwealth officer, the Commonwealth Court has original jurisdiction. 42 Pa.C.S. § 761; Fattah v. Smeal, 201.1 Pa. Commw. Unpub. LEXIS 544 (Pa. Cmwlth. July 8, 2011)(As the named defendant was the acting Secretary of the DOC, jurisdiction rested with the Commonwealth Court and the trial court lacked jurisdiction to enter orders). Attorneys fees 31. This is not the first time Plaintiff wrongfully filed an action in a court of common pleas of his choosing. Chruby v. DOC, 4 A.3d 764 (Pa. Cmwlth. 2010)(Delaware County Court of Common Pleas lacked jurisdiction to enter an order granting Chruby preliminary injunctive relief.) . 32. DOC Counsel advised Plaintiff's Counsel that attorneys fees would be requested if he continued pursuing this case in the wrong forum. 5 33. Yet, Plaintiff insists on proceeding with discovery instead of seeking to transfer the case or withdraw and refile it in the proper forum. 34. Plaintiff's wrongful forum shopping in light of the prior history in Delaware County amounts to commencing this matter in bad faith. 35. Attorneys fees should be awarded for forcing DOC Counsel to file this motion and for the waste of the Court's time addressing this case that should never have been filed in Dauphin County. 42 Pa. C.S. § 2503. Protective Order 36. Rule 4012 allows a party to move for a protective order where discovery or deposition would be an unreasonable annoyance, burden or expense. Pa. R. C.P. 4012. 37. The facts underlying the breach of contract claim against Defendants are scattered throughout a 79 page, 394 paragraph third amended complaint. 38. DOC Defendants' Counsel sought to confirm the exact breaches at issue. 39. Plaintiff's Counsel responded with the breach of contract claim in the third amended complaint states the claim. 40. Both Defendants' Counsel seek a protective order prohibiting discovery generally and specifically the noticed deposition on June 11, 2013 where it is unreasonable to require Dr. Salameh, the medical director at SCI Laurel 6 Highlands, to travel to Philadelphia from Somerset for a deposition unlimited in time and on matters not clearly defined. 41. Further, as venue and jurisdiction are at issue, discovery must be prohibited. 42. Defendants do not request a hearing or argument on this motion and discovery is not necessary. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss the case for lack of jurisdiction and venue and prohibit discovery generally and the oral deposition of Dr. Jawad Salameh specifically and award a reasonable amount in attorneys fees. Respectfully submitted, By: L�� 1 Vincent R. Mazeski Assistant Counsel Attorney I.D. No. PA73795 Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728 -7763 Fax No.: (717) 728 -0307 Email: vmazeskigstate.pa.us Dated: May 28, 2013 s IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, CIVIL ACTION LAW V. NO. 2013-CV-00922-CV JEFFREY BEARD, et al., Defendants CERTIFICATE OF CONCURRENCE The undersigned, Vincent R. Mazeski, counsel for DOC Defendants, hereby certifies that he has emailed a substantially similar copy of this motion and order to Counsel for Plaintiff and Counsel for PHS for their review and comment. Based on a prior telephone conversation, it is believed Counsel for PHS joins in the motion to dismiss and for a protective order. Based on prior emails, the notice of deposition and lack of a response to the proposed motion and order, it is believed Counsel for Plaintiff does not concur with the motion. Respectfully submitted, By: G� Vincent R. Mazeski 8 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, et al., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Defendants' Joint Emergency Motion to Dismiss and for Protective Order upon the person(s) in the above - captioned matter. Service by first -class mail Addressed as follows: David R. Jacquette David R. Zaslow Counsel for Plaintiff Counsel for PHS Morris and Clemm, PC White and Williams, LLP Plymouth Woods Office Center 1650 Market Street 527 Plymouth Road, Suite 416 One Liberty Place, Suite 1800 Plymouth Meeting, PA 19462 -1641 Philadelphia, PA 19103 -7395 'Rose A. White Clerk Typist II Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728 -7763 Dated: May 28, 2013 9 �Y N MORRIS AND CLEMM, P.C. c� Robert F. Morris, Esquire Attorney I.D. No. 22706c v David R. Jacquette, Esquire Attorney I. D. No. 309586 527 Plymouth Road, Suite 416 ko Plymouth Meeting, PA 19462 (610) 825 -0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW WALTER CHRUBY No. 2013 -CV- 00922 -CV V. JEFFREY BEARD, et al. I PLAINTIFF'S ANSWER TO DEFENDANTS' JOINT EMERGENCY MOTION TO DISMISS AND FOR PROTECTIVE ORDER AND NOW, comes Plaintiff, Walter Chruby, by and through his counsel Morris and Clemm, P.C., and hereby responds to Defendants' Joint Emergency Motion to Dismiss and for Protective Order pursuant to the Court's Order setting a Rule Returnable of five (5) days from the service of the Order dated May 31, 2013, which was mailed to Plaintiffs counsel on June 3, 2013 and received on June 5, 2013. A true and correct copy of the Order and mailing envelope which the Order was contained in is attached hereto as Exhibit "A ". It must first be noted that Plaintiff objects to the instant Motion to Dismiss as it is not a valid pleading in an action in state court. Without waiving said objection, Plaintiff responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied as stated. In addition to SCI - Laurel Highlands, SCI - Pittsburgh, and Conernaugh Hospital, Plaintiff also spent time at UPMC - Shadyside. 14. Admitted. 15. Admitted. 16. Admitted. IT Admitted. 18. Admitted. As stated by DOC, the Central Office of DOC is located in Cumberland County, Pennsylvania While the national headquarters of PHS is located in Brentwood, Tennessee, PHS has its main Pennsylvania office in Cumberland County, located at 872 Poplar Church Road, Camp Hill, PA 17001 and conducts business in Cumberland County. 2 Therefore, Plaintiff is agreeable to have the instant matter transferred to Cumberland County, where venue is proper as to both DOC and PHS. 19. Denied as stated. As both defendants DOC and PHS have local offices in i Cumberland County and conduct business in Cumberland County, Plaintiff is agreeable to having the instant matter transferred to Cumberland County. 20. Denied as a conclusion of law to which no response is required. 21. Denied as a conclusion of law to which no response is required. 22. Admitted. 23. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 23, and strict proof thereof is demanded at the time of hearing or trial, if relevant. i 24. Admitted. i 25. Denied as a conclusion of law to which no response is required. 26. Denied as a conclusion of law to which no response is required. 27. Denied as a conclusion of law to which no response is required. 28. Denied as a conclusion of law to which no response is required. 29. Denied as a conclusion of law to which no response is required. By way of further response, pursuant to. the 2007 Settlement Agreement which the instant action arises froze, it was the intention of all parties for disputes arising from the 2007 Settlement Agreement to be determined by the federal courts. Therefore, Defendant DOC is no estopped from asserting that jurisdiction over the instant claims lies with the Board of Claims. Furthermore, the Board of Claims has no jurisdiction over claims against PHS. 3 30. Denied as a conclusion of law to which no response is required. 31. Denied as stated. Plaintiff did file the cited action in Delaware County Court of Common Pleas. By way of further response, the Delaware County Court of Common Pleas granted Plaintiffs request for an ex parte preliminary injunction, which the Commonwealth i Court then affirmed the Delaware County Court of Common Pleas was authorized to grant Pursuant to Pa.R.C.P. 15319(a). Chruby v. DOC 4 A.3d 764, 770 (Pa. Cmwlth. 2010). To the extent the averments of paragraph 31 differ from the foregoing, they are specifically denied. 32. Denied as stated. It is admitted that DOC counsel advised Plaintiffs counsel that DOC counsel would seek attorney's fees if Plaintiff continued to pursue the instant action. To the extent the averments of paragraph 32 differ from the foregoing, they are specifically denied. 33. Denied. Plaintiff properly proceeded to conduct discovery after filing the instant action in Dauphin County. As stated above, Plaintiff is agreeable to having the instant matter transferred to Cumberland County. 34. Denied. It is specifically denied that Plaintiff is forum shopping or has commenced the instant action in bad faith. 35. Denied as a conclusion of law to which no response is required. 36. Denied as a conclusion of law to which no response is required 37. Denied as stated. The Third Amended Complaint, which was dismissed by the District Court of the Middle District of Pennsylvania included the breach of contract claims that are at issue today. If Defendants consent to the filing of an Amended Complaint in order to clarify Plaintiffs claims, Plaintiff is agreeable to do so. 38. Admitted. 4 39. Admitted. By way of further response, Plaintiff is willing to file an Amended Complaint in order to clarify Plaintiffs claims. 40. Denied. It is specifically denied that it is unreasonable to conduct the deposition of Dr. Salameh at this time. 41. Denied as a conclusion of law to which no response is require. 42. Plaintiff requests a hearing on the instant motion of Defendants. WHEREFORE, plaintiff Walter Chruby respectfully requests this Honorable Court to deny Defendants' Emergency Motion to Dismiss and for Protective Order and to retain jurisdiction of the instant matter, or in the alternative, transfer the instant action to Cumberland County, and to permit Plaintiff to conduct discovery, specifically the oral deposition of Dr. Jawad Salameh. I MORRIS AND CLEMM, P.C. Dated: � By ' Ro ert F. Morris, E qui David R. J'acquette, Esq Attorneys for Plainti 5 i EXHIBIT A WALTER CHRUBY, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PE NNSYLVAKIA 1W .. V. CIVIL ACTION - LAW -cam Ze JEFFREY BEARD, et a1, :z Defendants NO. 2013 CV 922 CV y _ ORDER AND NOW, to wit, this 30 day of May, 2013, upon consideration of the Defendants' Joint Emergency Motion to Dismiss and for Protective Order, IT IS HEREBY ORDERED that a Rule is issued upon the Plaintiff to file a full and complete Response to the Defendants' said Motion. THIS RULE IS RETURNABLE within five (5) days from service thereof. BY THE COURT: / l 0� awrenc l e F. Clark, Jr., Judge DISTRIBUTION: Vincent R. Mazeski, Esquire, PA Department of Corrections, Office of Chief Counsel, 1920 Technology Parkway, Mechanicsburg, PA 17050 David R. Jacquette, Esquire, Plymouth Woods Office Center, 527 Plymouth Road, Suite 416, Plymouth Meeting, PA 19462 -1641 David R. Zaslow, Esquire, 1650 Market Street, 'One Liberty Place, Suite 1800, Philadelphia, PA 19103 -7395 FILE i MAY 312.013 I Mmb wdity .tho. the fcsregOirig is a true and correct copy oo the original filed. a � . Qkrrac a� LAWRENCE F. CLARK, JR, .IuorE COURT HOUSE HARRISBURG PENNSYLVANIA rl" Hasler FIRST -CLASS MAIL V:v d ✓{4 . V0.46- ` • { TTT ,1 7_!P 17171 011 D 12602170 David R. Jacquette, Esquire Plymouth Woods Office Center 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 -1641 iS14E :21 j E-4i M114 114 JI €Jt.. 1 tJf1It11Ill T WHITE AND WILLIAMS LLP Attorneys for Defendant, BY: David R. Zaslow, Esquire Prison Health Services, Inc. Rosemary R. Schnall, Esquire a Kim Kocher, Esquire CD Identification No(s). 77782/73455/66557 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 -7395 215. 864 .6844/215.864.6869 /215.864.6332 zaslowd @whiteandwilliams.com a schnallr @whiteandwilliams.com --� kocherk @whiteandwilliams.com WALTER CHRUBY DAUPHIN COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, ET AL Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel on behalf of Defendant, Prison Health Services, Inc., in the above - captioned matter. Papers may be served at the address set forth below. WHITE AND WILLIAMS LLP David R. Zaslow, Esquire Rosemary R. Schnall, Esquire Kim Kocher, Esquire Attorneys for Defendant, Prison Health Services, Inc. 1650 Market Street One Liberty Place, Suite 1800 J Dated: Philadelphia, PA 19103 -7395 � y (�-� 11498382v.1 i WHITE AND WILLIAMS LLP Attorneys for Defendant, BY: David R. Zaslow, Esquire Prison Health Services, Inc. Rosemary R. Schnall, Esquire Kim Kocher, Esquire Identification No(s). 77782/73455/66557 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 -7395 215.864.6844/215.864.6869 /215.864.6332 zaslowd @whiteandwilliams.com schnallr@whiteandwilliains.com kocherk @whiteandwilliams.com WALTER CHRUBY DAUPHIN COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, ET AL Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) named below in the above - captioned matter. Service by First -Class Mail Addressed as follows: David R. Jacquette, Esquire Vincent R. Mazeski, Assistant Counsel Morris and Clemm, PC Pennsylvania Department of Corrections Plymouth Woods Office Center Office of Chief Counsel 527 Plymouth Road, Suite 416 1920 Technology Parkway Plymouth Meeting, PA 19462 -1641 Mechanicsburg, PA 17050 David R. Zaslow, Esquire Dated: (� �(� ( 3 -2- 11498382v.1 I ` Supreme'Court of Pennsylvania i Cour , f' _i Common Pleas Civil „ COverf Sheet For Prothonotary Use Only: T , DAUPHINI l ' County Docket No: CV t2 The information collected on this form is used solely court administration purposes. This form does not supplement or replace the and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons F1 Petition El Notice of Appeal Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: 4 i T WALTER CHRUBY JEFFREY BEARD [ I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Robert F. Morris, Esquire and David R. Jacquette, Esquire k N I Dollar Amount Requested: within arbitration limits Are money damages requested? : Yes ❑ No (Check one)_ outside arbitration limits A Is this a Class Action Suit? ❑ Yes 14 No Nature of the Case Place an "X” to the left of the ONE case category that most accurately dessn y r PRIMARY CASE. If you are making more than one type of claim, checl one that you consider most important. C - ) TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL _ Ar ❑ Intentional ❑ Buyer Plaintiff Administrative Agbncie9..O ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Ass&meotl ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections" ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board / S ❑ Product Liability (does not include ❑ Statutory Appeal: Other ` E mass tort) El Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination C ❑ Other: ❑Employment Dispute: Other Judicial Appeals I T ❑ MDJ - Landlord/Tenant i I ❑ MDJ - Money Judgment Other: O MASS TORT Br of contract ❑ Other: ❑ Asbestos M N ❑ Tobacco t ❑ Toxic Tort - DES F ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: El Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin I ❑ Legal ❑ Medical ❑ Other: ❑ Other: r ❑ Other Professional: I Pa.R.C.P. 205.5 212010 1 au s C CV IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA { WALTER CHRUBY i Plaintiff i 1:09 -cv -1641 � rn V. (JUDGE MARIANI) JEFFREY A. BEARD, et al. Defendants «> crr ORDER Plaintiff initiated the above - captioned action on August 25, 2009. On December 19, 2012, the Court issued an order adopting the Voluntary Stipulation of the parties to dismiss most of the remaining defendants and the counts levied against them (Docs.184 and 185). By the j r c same Voluntary Stipulation, the parties acknowledged that the single remaining claim arose under state law for breach of contract against defendants Beard, Wetzel, Kowalewski, and PHS. Accordingly, no federal claims remain and Plaintiffs Third Amended Complaint provides no basis for the Court to exercise its jurisdiction on the basis of diversity. Pursuant to 28 U.S.C. § 1367(c)(3), a district court "may decline to exercise supplemental jurisdiction over a claim under subsection (a) if ... the district court has dismissed all claims over which it has original jurisdiction...." In the present matter, the Court issued an Order on December 19, 2012, adopting the Voluntary Stipulation of Dismissal, and no federal claims remain for this Court to decide. As the Supreme Court noted in Arbaugh -J., Y &H Corp., 546 U.S. 500, 506,126 S. Ct. 1235, 1240, 163 L.Ed.2d 1097 (2006): Certified from the ripcord Date 3 N1 ary E. 'Andrea, Clerk Per a. De uty Clerk The objection that a federal court lacks subject - matter jurisdiction, see FED. R. Civ. P. 12(b)(1), may be raised by a party, or by a court on its own initiative, at any stage in the litigation, even after trial and the entry of judgment. Rule 12(h)(3) instructs: "Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action." The Court, having dismissed all claims over which it had subject matter jurisdiction, declines to exercise its supplemental jurisdiction over the remaining non - federal claims. ACCORDINGLY, NOW, THIS 3RD DAY OF JANUARY, 2013 IT IS HEREBY ORDERED: 1. Plaintiffs Third Amended Complaint is DISMISSED. 2. Defendants' Motion for Extension of Time to Complete Discovery (Doc. 186) is DENIED as moot. a 3. The Clerk of the Court shall CLOSE the case. obert D. ariani United States District Judge 2 Pennsylvania Middle District Version 6.0.0 Page 1 of 27 CLOSED,PRISNR,SETOFF,STANDAR United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:09 -cv- 01641 -RDM Internal Use Only Chruby v. Beard et al Date Filed: 08/25/2009 Assigned to: Honorable Robert D. Mariani Date Terminated: 01/04/2013 Referred to: Magistrate Judge Thomas M. Blewitt Jury Demand: Both (Settlement) Nature of Suit: 550 Prisoner: Civil Cause: 42:1983 Prisoner Civil Rights Rights Jurisdiction: Federal Question Plaintiff Walter Chruby represented by L. Theodore Hoppe, Jr. Hoppe & Martin LLP 423 McFarlan Road Suite 100 Kenneth Square, PA 19348 610 - 444 -2001 Email: thoppe @hoppemartin.com TERMINATED: 0510412 011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron D. Martin Hoppe & Martin LLP 423 McFarlan Road Suite 100 Kennett Square, PA 19348 610.444.2001 Email: waysmeans @aol.com ATTORNEY TO BE NOTICED Alisa P. Marion Beckman & Marion 1650 Market Street 5500 One Liberty Place Philadelphia, PA 19103 215 -569 -8215 Fax: 215 -569 -8769 Email: amarion @beckmanmarion.com Certified'from the r cord TERMINATED: 0510412011 Date r ATTORNEY TO BE NOTICED M' r a- y E. 'Andrea, Clerk . ` Bradley T. Beckman Per De uty Clerk - Beckman &Marion 4 https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742-L-1- 1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 2 of 27 5500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 215.569.8011 Email: brad @beckmarunarion.com TERMINATED: 0510412011 ATTORNEY TO BE NOTICED David R Jacquette Morris and Clemm, P.C. 527 Plymouth Road Suite 416 Plymouth Meeting, PA 19462 610 - 825 -0500 Email: djacquette @morrisclemm.com ATTORNEY TO BE NOTICED Robert F. Morris Morris and Clemm, P.C. 527 Plymouth Road Suite 416 Plymouth Meeting, PA 19462 610 - 825 -0500 Fax: 610-834-1776 Email: rmorris @morrisclemm.com ATTORNEY TO BE NOTICED Timothy F. Rayne MacElree Harvey Ltd. 211 E. State St. P.O. Box 363 Kennett Square, PA 19348 610- 840 -0124 Email: trayne @macelree.com TERMINATED: 0912812010 ATTORNEY TO BE NOTICED V. Defendant Jeffrey Beard represented by Vincent R. Mazeski in his official and individual capacities Chief Counsel's Office Pennsylvania Department of Corrections 1920 Technology Parkway Mechanicsburg, PA 17050 717- 728 -7763 Fax: 717- 975 -2217 Email: vmazeski @pa.gov LEAD ATTORNEY https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 3 of 27 ATTORNEY TO BE NOTICED Defendant Mardiann Vincent represented by Vincent R. Mazeski in her individual capacities (See above for address) TERMINATED: 0913012011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Martin Kovacs represented by Vincent R. Mazeski in his individual capacities (See above for address) TERMINATED: 0913012011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dawn Chamberlin represented by Vincent R. Mazeski in her official and individual capacities (See above for address) TERMINATED: 0913012011 LEAD ATTORNEY also known as ATTORNEY TO BE NOTICED Dawn Chamberland TERMINATED: 0913012011 Defendant Annette Kowaleski represented by Vincent R. Mazeski in her official and individual capacities (See above for address) also known as LEAD ATTORNEY Annette Kowalaski ATTORNEY TO BE NOTICED Defendant David Pitkins represented by Vincent R. Mazeski in his official and individual capacities (See above for address) TERMINATED: 0913012011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Jawad Salameh represented by David R. Zaslow in his official and individual capacities White and Williams LLP One Westlakes 1235 Westlakes Drive Suite 310 Berwyn, PA 19312 -2416 215- 864 -6844 Email: zaslowd @whiteandwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci White & Williams LLP One Westlakes https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 4 of 27 1235 Westlakes Drive Suite 310 Berwyn, PA 19312 610- 240 -4700 Email: tuccik @whiteandwilliams.com TERMINATED: 0910912010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kim Kocher White and Williams LLP 1650 Market Street One Liberty Place, 18th Floor Philadelphia, PA 19103 215- 864 -6332 Email: kocherk @whiteandwilliains.com ATTORNEY TO BE NOTICED Defendant Dr. Paul Noel represented by David R. Zaslow White and Williams LLP TERMINATED: 1112312010 One Westlakes 1235 Westlakes Drive Suite 310 Berwyn, PA 19312 -2416 610- 240 -4716 Email: zaslowd @whiteandwilliams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci (See above for address) TERMINATED: 0910912010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Alan Fogle represented by Vincent R. Mazeski in his official and individual capacities See above for address) LEAD ATTORNEY TERMINATED: 0913012011 ATTORNEY TO BE NOTICED Defendant Richard Ellers represented by Vincent R. Mazeski in his official and individual capacities See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 5 of 27 Defendant Joan Defendant represented by Vincent R. Mazeski Delie in her official and individual capacities (See above for address) TERMINATED: 0913012011 LEAD ATTORNEY also known as ATTORNEY TO BE NOTICED Joan Deli TERMINATED: 0913 012 011 Defendant Marge Lechene represented by Vincent R. Mazeski R.N.S., in her official and individual (See above for address) capacities LEAD ATTORNEY TERMINATED: 0913012011 ATTORNEY TO BE NOTICED Defendant Wayne Hillegass TERMINATED: 0 410 912 010 Defendant Derek Thomas represented by Vincent R. Mazeski R.N., in his official and individual (See above for address) capacities LEAD ATTORNEY also known as ATTORNEY TO BE NOTICED Thomas Defendant Dr. Joseph Maurala represented by David R. Zaslow TERMINATED: 1112312010 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci (See above for address) TERMINATED: 0910912010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. John Thomas TERMINATED: 1111612009 Defendant Dr. Lucille Aiken represented by David R. Zaslow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kim Kocher (See above for address) https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 6 of 27 ATTORNEY TO BE NOTICED Defendant Dr. Robert McGrath represented by David R. Zaslow TERMINATED: 1112312010 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci (See above for address) TERMINATED: 0910912010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Eugene Ginchereau represented by Vincent R. Mazeski in his official and individual capacities (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Paul Noel represented by David R. Zaslow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci (See above for address) TERMINATED: 0910912010 ATTORNEY TO BE NOTICED Kim Kocher (See above for address) ATTORNEY TO BE NOTICED Defendant RN Bobbi Hardisky represented by Vincent R. Mazeski TERMINATED: 1112312010 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant RN Frankie Walker represented by Vincent R. Mazeski (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Rochelle Rosen represented by David R. Zaslow (See above for address) https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 7 of 27 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kim Kocher (See above for address) ATTORNEY TO BE NOTICED Defendant Dennis Ohler represented by Vincent R. Mazeski TERMINATED: 1112312010 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. John Robinson represented by David R. Zaslow TERMINATED: 0410912010 (See above for address) ATTORNEY TO BE NOTICED Defendant Pennsylvania Department of represented by Vincent R. Mazeski Corrections (See above for address) TERMINATED: 1112312010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. McQuillan represented by David R. Zaslow TERMINATED: 1112312010 (See above for address) ATTORNEY TO BE NOTICED Defendant Dr. Kenneth Lintz represented by David R. Zaslow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kim Kocher (See above for address) ATTORNEY TO BE NOTICED Defendant Prison Health Services, Inc. represented by David R. Zaslow also known as (See above for address) Prison Health Systems, Inc. LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen L. Tucci (See above for address) TERMINATED: 0910912010 LEAD ATTORNEY ATTORNEY TO BE NOTICED https:Hecf pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 8 of 27 Kim Kocher (See above for address) ATTORNEY TO BE NOTICED Defendant John or Jane Doe the current Health Care Administrator at SCI Pittsburgh Defendant John Does and Jane Does unknown employees of Defendant PA Dept. of Corrections and Defendant Prison Health Services, Inc. who participated in the violation of Plaintiffs rights, breach of contract, negligence, and malpractice, in their official and individual capacities also known as John and Jane Does Defendant Michael Piovarchy represented by Vincent R. Mazeski R.N.S., in his official and individual (See above for address) capacities ATTORNEY TO BE NOTICED TERMINATED: 0 913 012 011 Defendant John Dupont represented by Vincent R. Mazeski in his official and individual capacities (See above for address) TERMINATED: 0913012011 ATTORNEY TO BE NOTICED Defendant Shirley Moore Smeal represented by Vincent R. Mazeski (See above for address) ATTORNEY TO BE NOTICED Defendant John E. Wetzel represented by Vincent R. Mazeski in his official capacity as Secretary of (See above for address) the Pennsylvania Department of ATTORNEY TO BE NOTICED Corrections Amicus Shirley Moore Smeal in her official and individual capacities https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 9 of 27 Date Filed # Docket Text 08/25/2009 1 COMPLAINT against all defendants ( Filing fee $350, Receipt Number 1656852), filed by Walter Chruby. (Attachments: # 1 Civil Cover Sheet)(aaa) (Entered: 08/25/2009) 08/25/2009 Summons Issued as to Paul Noel, Alan Fogle, Richard Ellers, Joan Deli, Marge Lechene, Wayne Hillegass, Thomas, Joseph Maurala, John Thomas, Lucille Aiken, Robert McGrath, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Rochelle Rosen, Dennis Ohler, John Robinson, Pennsylvania Department of Corrections, McQuillan, Kenneth Lintz, Prison Health Systems, Inc., Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Dawn Chamberland, Annette Kowalaski, David Pitkins, Jawad Salameh and provided to Attorney for service on Defendant(s). (aaa ) (Entered: 08/25/2009) 08/27/2009 2 ORDER TRANSFERRING CASE - It is hereby ORDERED that this case is transferred to the Honorable William J. Nealon. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/27/09. (ki) (Entered: 08/27/2009) 10/23/2009 3 CERTIFICATE of Certificate of Merit by Walter Chruby for Dr. Aiken. (Hoppe, L.) (Entered: 10/23/2009) 10/23/2009 4 CERTIFICATE of Certificate of Merit by Walter Chruby for Dr. Mallura. (Hoppe, L.) (Entered: 10/23/2009) 10/23/2009 5 CERTIFICATE of Certificate of Merit by Walter Chruby for Dr. Robinson. (Hoppe, L.) (Entered: 10/23/2009) 10/23/2009 6 CERTIFICATE of Certificate of Merit by Walter Chruby for Dr. Rosen. (Hoppe, L.) (Entered: 10/23/2009) 10/23/2009 7 CERTIFICATE of Certificate of Merit by Walter Chruby for Dr. Salameh. (Hoppe, L.) (Entered: 10/23/2009) 11/16/2009 8 AMENDED COMPLAINT against all defendants, filed by Walter Chruby.(Hoppe, L.) (Entered: 11/16/2009) 01/05/2010 9 NOTICE of Appearance by David R. Zaslow on behalf of Paul Noel, Joseph Maurala, Robert McGrath, Prison Health Systems, Inc., Jawad Salameh (Zaslow, David) (Additional attachment(s) added on 1/5/2010: # 1 Entry of Appearance) (dc, ). (Entered: 01/05/2010) 01/05/2010 DOCKET ANNOTATION: Doc. No. 10 has been deleted due to a pdf error and will be refiled by counsel. (dc) (Entered: 01/05/2010) 01/05/2010 10 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Prison Health Systems, Inc. identifying Corporate Parent America Service Group, Inc. for Prison Health Systems, Inc.. (Zaslow, David) (Entered: 01/05/2010) 01/05/2010 11 MOTION to Dismiss by Paul Noel, Joseph Maurala, Robert McGrath, Prison Health Systems, Inc., Jawad Salameh. (Attachments: # 1 https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 10 of 27 Proposed Order, # 2 Exhibit(s))(Zaslow, David) (Entered: 01/05/2010) 01/05/2010 12 BRIEF IN SUPPORT re 11 MOTION to Dismiss filed by Paul Noel, Joseph Maurala, Robert McGrath, Prison Health Systems, Inc., Jawad Salameh.(Zaslow, David) (Entered: 01/05/2010) 01/14/2010 13 SUMMONS Returned Executed by Walter Chruby. Lucille Aiken served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 1.4 SUMMONS Returned Executed by Walter Chruby. Jeffrey Beard served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 15 SUMMONS Returned Executed by Walter Chruby. Pennsylvania Department of Corrections served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 16 SUMMONS Returned Executed by Walter Chruby. Richard Ellers served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 17 SUMMONS Returned Executed by Walter Chruby. Alan Fogle served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 18 SUMMONS Returned Executed by Walter Chruby. Eugene Ginchereau served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 1_9 SUMMONS Returned Executed by Walter Chruby. Bobbi Hardisky served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 20 SUMMONS Returned Executed by Walter Chruby. Martin Kovacs served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 21 SUMMONS Returned Executed by Walter Chruby. Annette Kowalaski served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 22 SUMMONS Returned Executed by Walter Chruby. Marge Lechene served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 23 SUMMONS Returned Executed by Walter Chruby. Kenneth Lintz served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 24 SUMMONS Returned Executed by Walter Chruby. Joseph Maurala served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 25 SUMMONS Returned Executed by Walter Chruby. Robert McGrath https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?112044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 11 of 27 served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 26 SUMMONS Returned Executed by Walter Chruby. Paul Noel served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 27 SUMMONS Returned Executed by Walter Chruby. Dennis Ohler served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 28 SUMMONS Returned Executed by Walter Chruby. Prison Health Systems, Inc. served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 29 SUMMONS Returned Executed by Walter Chruby. David Pitkins served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 30 SUMMONS Returned Executed by Walter Chruby. Rochelle Rosen served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 31 SUMMONS Returned Executed by Walter Chruby. Jawad Salameh served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 32 SUMMONS Returned Executed by Walter Chruby. Thomas served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 33 SUMMONS Returned Executed by Walter Chruby. Mardiann Vincent served on 12/11/2009, answer due 1/1/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/14/2010 34 SUMMONS Returned Executed by Walter Chruby. Frankie Walker served on 12/17/2009, answer due 1/7/2010. (Hoppe, L.) (Entered: 01/14/2010) 01/18/2010 35 CERTIFICATE of Merit by Walter Chruby for Dr. Ginchereau. (Hoppe, L.) (Entered: 01/18/2010) 01/18/2010 36 CERTIFICATE of Merit by Walter Chruby for Dr. Kenneth Lintz. (Hoppe, L.) (Entered: 01/18/2010) 01/18/2010 37 CERTIFICATE of Merit by Walter Chruby for Dr. Robert McGrath. (Hoppe, L.) (Entered: 01/18/2010) 01/18/2010 38 CERTIFICATE of Merit by Walter Chruby for Dr. Paul Noel. (Hoppe, L.) (Entered: 01/18/2010) 01/18/2010 39 CERTIFICATE of Merit by Walter Chruby for Dr. McQuillan. (Hoppe, L.) (Entered: 01/18/2010) 01/19/2010 40 BRIEF IN OPPOSITION re 1_1 . MOTION to Dismiss by Defendants, Dr. Jawad Salmeh, Dr. Paul Noel, Dr. Joseph Mollura, Dr. Robert https: / /eef.pamd.eirc3.dcn/cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 12 of 27 McGrath, and Prison Health Services, Inc. filed by Walter Chruby. (Hoppe, L.) (Entered: 01/19/2010) 01/19/2010 41. RESPONSE by Walter Chruby to I 1 MOTION to Dismiss by Defendants, Dr. Jawad Salmeh, Dr. Paul Noel, Dr. Joseph Mollura, Dr. Robert McGrath, and Prison Health Services, Inc.. (Hoppe, L.) (Entered: 01/19/2010) 02/01/2010 42 REPLY BRIEF re 11 MOTION to Dismiss filed by Paul Noel, Joseph Maurala, Robert McGrath, Prison Health Systems, Inc., Jawad Salameh.(Tucci, Karen) (Entered: 02/01/2010) 02/12/2010 43 NOTICE of Appearance by Vincent R. Mazeski on behalf of Alan Fogle, Richard Ellers, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Annette Kowalaski, David Pitkins. (Mazeski, Vincent) (Entered: 02/12/2010) 02/12/2010 44 MOTION for Extension of Time to Nunc Pro Tunc to Respond to Plaintiffs Amended Complaint by Alan Fogle, Richard Ellers, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Annette Kowalaski, David Pitkins. (Attachments: # 1. Proposed Order)(Mazeski, Vincent) (Entered: 02/12/2010) 02/17/2010 45 ORDER granting 44 Motion to Extend Time Nunc Pro Tunc. PA DOC Defendants shall file a response to the Amended Complaint, (Doc. 8), on or before March 2, 2010. Signed by Honorable William J. Nealon on 2/17/10 (ga, ) (Entered: 02/17/2010) 02/17/2010 � (Court only) Set/Reset Deadlines: Amended Complaint due by 3/2/2010. (ga, ) (Entered: *02/17/2010) 03/02/2010 46 DEMAND for Trial by Jury by Alan Fogle, Richard Ellers, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Annette Kowalaski, David Pitkins. (Mazeski, Vincent) (Entered: 03/02/2010) 03/02/2010 47 MOTION to Dismiss by Alan Fogle, Richard Ellers, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Annette Kowalaski, David Pitkins. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 03/02/2010) 03/02/2010 48 BRIEF IN SUPPORT re 47 MOTION to Dismiss filed by Alan Fogle, Richard Ellers, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Annette Kowalaski, David Pitkins.(Mazeski, Vincent) (Entered: 03/02/2010) https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 13 of 27 03/11/2010 49 MOTION to Exceed Page Limitation by Walter Chruby.(Hoppe, L.) (Entered: 03/11/2010) 03/12/2010 50 ORDER granting 49 Motion for Leave to File Excess Pages. Signed by Honorable William J. Nealon on 3/11/10 (ga, ) (Entered: 03/12/2010) 03/16/2010 51 BRIEF IN OPPOSITION re 47 MOTION to Dismiss of PA DOC Defendants filed by Walter Chruby.(Hoppe, L.) (Entered: 03/16/2010) 03/23/2010 52 ORDER - IT IS HEREBY ORDERED THAT within fifteen (15) days of the date of this Order, defendants Dr. Lucille Aiken and Dr. Rochelle Rosen shall file a responsive pleading to the Amended Complaint (Doc. 8). Signed by Honorable William J. Nealon on 3/23/10. (ga, ) (Entered: 03/23/2010) 03/23/2010 53 ORDER - IT IS HEREBY ORDERED that within fifteen (15) days of the date of this Order, Plaintiff is to file a waiver, to provide proof of service, or to show good cause for his failure to serve defendants Dawn Chamberland, Joan Deli, Wayne Hillegass, Dr. John Robinson, Dr, McQuillan, and Dr. Kenneth Lintz within 120 days after the Complaint was filed, which was on August 25, 2009; otherwise, the claims as to these defendants will be dismissed and they will be terminated from the action. Signed by Honorable William J. Nealon on 3/23/10. (ga, ) (Entered: 03/23/2010) 04/07/2010 54 NOTICE of Appearance by David R. Zaslow on behalf of Lucille Aiken, Rochelle Rosen, Kenneth Lintz ( Zaslow, David) (Entered: 04/07/2010) 04/07/2010 55 MOTION to Dismiss by Lucille Aiken, Rochelle Rosen, Kenneth Lintz. (Attachments: # 1 Proposed Order)(Zaslow, David) (Entered: 04/07/2010) 04/07/2010 56 BRIEF IN SUPPORT re 55 MOTION to Dismiss filed by Lucille Aiken, Rochelle Rosen, Kenneth Lintz.(Zaslow, David) (Entered: 04/07/2010) 04/08/2010 57 NOTICE of Appearance by Timothy F. Rayne on behalf of Walter Chruby. (Rayne, Timothy) (Entered: 04/08/2010) 04/08/2010 58 MOTION for Extension of Time to Extend Service Time and for Voluntary Discontinuance of Certain Defendants by Walter Chruby. (Attachments: # 1. Proposed Order Proposed Order)(Hoppe, L.) (Entered: 04/08/2010) 04/09/2010 59 ORDER granting 58 Motion to Extend Service. Defts Wayne Hillegass and Dr. John Robinson are DISMISSED W /OUT PREJUDICE as parties to this action. The Court notes the return of service filed with respect to deft Dr. Kenneth Lintz (Doc #23), and the rule issued with respect to such deft is DISCHARGED. (See Doc #53). The time for service of process upon defts Dawn Chamberland, Dr. McQuillan and Joan Deli is EXTENDED for 45 days for the date of the docketing of this order.Signed by Honorable William J. Nealon on 4/9/10 (ao, ) https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?112044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 14 of 27 (Entered: 04/12/2010) 04/09/2010 01 (Court only) * * * Party Wayne Hillegass and John Robinson terminated. (ao, ) (Entered: 04/12/2010) 04/21/2010 60 RESPONSE by Walter Chruby to 55 MOTION to Dismiss. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 04/21/2010) 04/21/2010 61 BRIEF IN SUPPORT of Plaintiffs Response to Defendants' Motion to Dismiss re 55 MOTION to Dismiss filed by Walter Chruby.(Hoppe, L.) (Entered: 04/21/2010) 04/23/2010 62 SUMMONS Returned Executed by Walter Chruby. Dawn Chamberland served on 4/10/2010, answer due 5/3/2010. (Hoppe, L.) (Entered: 04/23/2010) 04/23/2010 63 SUMMONS Returned Executed by Walter Chruby. McQuillan served on 4/7/2010, answer due 4/28/2010. (Hoppe, L.) (Entered: 04/23/2010) 04/23/2010 64 SUMMONS Returned Executed by Walter Chruby. Joan Deli served on 4/7/2010, answer due 4/28/2010. (Hoppe, L.) (Entered: 04/23/2010) 04/28/2010 65 NOTICE of Appearance by David R. Zaslow on behalf of McQuillan (Zaslow, David) (Entered: 04/28/2010) 04/28/2010 66 NOTICE of Appearance by Vincent R. Mazeski on behalf of Joan Deli, Dawn Chamberland. ( Mazeski, Vincent) (Entered: 04/28/2010) 04/28/2010 67 MOTION to Dismiss by Joan Deli, Dawn Chamberland. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 04/28/2010) 04/28/2010 68 MOTION to Dismiss by McQuillan. (Attachments: # l Proposed Order)(Zaslow, David) (Entered: 04/28/2010) 04/28/2010 69 BRIEF IN SUPPORT re 68 MOTION to Dismiss filed by McQuillan. (Zaslow, David) (Entered: 04/28/2010) 04/29/2010 70 BRIEF IN SUPPORT re 67 MOTION to Dismiss filed by Joan Deli, Dawn Chamberland.(Mazeski, Vincent) (Entered: 04/29/2010) 05/05/2010 71 REPLY BRIEF re 55 MOTION to Dismiss filed by Lucille Aiken, Rochelle Rosen, Kenneth Lintz.(Zaslow, David) (Entered: 05/05/2010) 05/12/2010 72 BRIEF IN OPPOSITION re 68 MOTION to Dismiss filed by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 05/12/2010) 05/12/2010 73 MOTION to File Brief in Excess of Five Thousand Words by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 05/12/2010) 05/12/2010 74 BRIEF IN OPPOSITION re 67 MOTION to Dismiss filed by Walter Chruby. (Attachments: # 1. Proposed Order Proposed Order)(Hoppe, L.) (Entered: 05/12/2010) https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 15 of 27 05/13/2010 75 ORDER - IT IS ORDERED that Plaintiff s Motion for Authorization to file Brief in Excess of Five Thousand Words Pursuant to M.D.Pa.L.R. 7.89(b)(3), it is ORDERED that Plaintiff is authorized to file a brief in support of his Response in Opposition to Defendant's Motion to Dismiss up to seven thousand five hundered (7,500) words in length. Signed by Honorable William J. Nealon on 5/13/10 (ga, ) (Entered: 05/13/2010) 06/21/2010 76 MOTION to Compel Access to Medical Records by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit(s) A, # 3 Exhibit(s) B)(Hoppe, L.) (Entered: 06/21/2010) 07/20/2010 77 CERTIFICATE of by Walter Chruby of No Response. (Hoppe, L.) (Entered: 07/20/2010) 07/26/2010 78 ORDER - Plaintiffs motion to compel access to medical records (Doc. 76) is deemed withdrawn. Signed by Honorable William J. Nealon on 7/23/10 (ga, ) (Entered: 07/26/2010) 08/02/2010 79 MOTION to Compel Access to Medical Records by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit(s) A, # 3 Exhibit(s) B)(Hoppe, L.) (Entered: 08/02/2010) 08/02/2010 80 BRIEF IN SUPPORT re 79 MOTION to Compel Access to Medical Records filed by Walter Chruby. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Hoppe, L.) (Entered: 08/02/2010) 08/02/2010 81 CERTIFICATE of Attorney's Certificate of Good Faith by Walter Chruby re 80 Brief in Support, 79 MOTION to Compel Access to Medical Records. (Hoppe, L.) (Entered: 08/02/2010) 08/16/2010 82 BRIEF IN OPPOSITION re 79 MOTION to Compel Access to Medical Records filed by Alan Fogle, Richard Ellers, Joan Deli, Marge Lechene, Thomas, Eugene Ginchereau, Bobbi Hardisky, Frankie Walker, Dennis Ohler, Pennsylvania Department of Corrections, Jeffrey Beard, Mardiann Vincent, Martin Kovacs, Dawn Chamberland, Annette Kowalaski, David Pitkins.(Mazeski, Vincent) (Entered: 08/16/2010) 08/20/2010 83 CERTIFICATE of by Walter Chruby re 81 Certificate of Attorney's Good Faith (Amended). (Hoppe, L.) (Entered: 08/20/2010) 09/09/2010 84 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Karen L. Tucci terminated on behalf of Dr. Jawad Salameh; Dr. Paul Noel; Dr. Joseph Mollura/Mallura; Dr. Robert McGrath; Prison Health Services, Inc.; Dr. Rochelle Rosen; Dr. Lucille Aiken; Dr. Kenneth Lentz/Lintz; and Dr. Bernard Patrick McQuillan. ( Tucci, Karen) (Entered: 09/09/2010) 09/13/2010 85 ORDER - 1. The motions to dismiss (Docs. 11,55,68) are GRANTED in part and DENIED in part: A. Counts I, II and III against Dr. Mollura, Dr. Noel, Dr. McGrath, Dr. Lentz, Dr. Aiken, Dr. McQuillan, and PHS are DISMISSED without prejudice. B. Count IV is DISMISSED https: / /.ecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 16 of 27 without prejudice as to all the moving defendants. C. Count V against Dr. Rosen, Dr. Aiken, Dr. Lentz, and Dr. McQuillan is DISMISSED with prejudice. D. Count VI against Dr. McGrath is DISMISSED with prejudice. E. The punitive damages claim against Dr. Noel, Dr. Mollura, Dr. Aiken, Dr. Lentz, and Dr. McQuillan under Count VI is DISMISSED without prejudice. F. Count VII is DISMISSED with prejudice as to all the moving defendants. 2. Plaintiff SHALL file a second amended complaint within twenty (20) days of the date of this Order addressing the deficiencies discussed in the Memorandum. 3. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.Signed by Honorable William J. Nealon on 9/13/10 (ga, ) (Entered: 09/13/2010) 09/13/2010 86 ORDER - 1. The motion to dismiss (Doc. 47) is GRANTED in part and DENIED in part: A. All claims seeking monetary damages from the moving defendants in their official capacities are DISMISSED. B. The official capacity claims against Defendants Vincent and Kovacs are DISMISSED with prejudice as moot. C. The official capacity claims against Defendants Pitkins, Ellers, and Ginchereau are DISMISSED without prejudice. D. All claims agains the Department of Corrections are DISMISSED with prejudice and it should be TERMINATED as a parry to this action. E. Counts I, 11, and III against the moving defendants, with the exception of Defendant Thomas, are DISMISSED without prejudice. The request to dismiss Count V is DENIED. G. As Defendant Thomas is not named in Count VI, the request to dismiss him from this count is GRANTED. H. The request to dismiss Count VI against Defendant Thomas is DENIED. I. Count VII is DISMISSED with prejudice as to all moving defenants. 2. Plaintiff shall file a second amended complaint within twenty (20) days of the date of this Order addressing the deficiencies discussed in this Memorandum. 3. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith. Signed by Honorable William J. Nealon on 6/13/10 (ga, ) (Entered: 09/13/2010) 09/13/2010 87 ORDER - 1. The motion to dismiss (Doc. 67) is GRANTED in part and DENIED in part: A. All claims seeking monetary damages from the moving defendants in their officaial capacities are DISMISSED with prejudice. B. Count I and all requests for injunctive relief against the moving defendants are DISMISSED with prejudice. D. Count III against the moving defendants is DISMISSED with prejudice. E. Count IV against the moving defendants is DISMISSED without prejudice. F. The motion to dismiss Count V is DENIED. G. Count VII against the moving defendants is DISMISSED with prejudice. 2. Plaintiff shall file a second amended complaint within twenty (20)days of the date of this Order addressing the deficiencies discussed in this Memorandum. 3. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.Signed by Honorable William J. Nealon on 9/13/10 (ga, ) (Entered: 09/13/2010) 09/20/2010 88 1 REPLY BRIEF re 79 MOTION to Compel Access to Medical Records filed by Walter Chruby. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 - Pennsylvania Middle District Version 6.0.0 Page 17 of 27 B)(Hoppe, L.) (Entered: 09/20/2010) 09/20/2010 89 CERTIFICATE OF SERVICE by Walter Chruby re 88 Reply Brief (Hoppe, L.) (Entered: 09/20/2010) 09/20/2010 90 MOTION to Stay Order Granting Leave to File Second Amended Complaint or, in the Alternative, for Extension of Time to File Second Amended Complaint by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 09/20/2010) 09/20/2010 91. BRIEF IN SUPPORT re 90 MOTION to Stay Order Granting Leave to File Second Amended Complaint or, in the Alternative, for Extension of Time to File Second Amended Complaint filed by Walter Chruby. (Hoppe, L.) (Entered: 09/20/2010) 09/20/2010 92 CERTIFICATE OF SERVICE by Walter Chruby re 90 MOTION to Stay Order Granting Leave to File Second Amended Complaint or, in the Alternative, for Extension of Time to File Second Amended Complaint, 91 Brief in Support (Hoppe, L.) (Entered: 09/20/2010) 09/20/2010 93 MEMORANDUM and ORDER denying pltf s 79 Motion to Compel access to medical records.Signed by Honorable William J. Nealon on 9/20/10 (ao, ) (Entered: 09/20/2010) 09/20/2010 94 ORDER - Pltf s 90 Motion to Stay or, alternatively, for an extension of time, IT IS HEREBY ORDERED THAT Pltf s request to stay is DENIED as moot, but the request for an extension of time to file a second amended complaint is GRANTED. A second amended complaint is now due on or before 11/22/10. Signed by Honorable William J. Nealon on 9/20/10 (ao, ) (Entered: 09/20/2010) 09/28/2010 95 MOTION to Withdraw as Attorney by Walter Chruby.(Rayne, Timothy) (Entered: 09/28/2010) 09/29/2010 (Court only) * * *Motions terminated: 95 MOTION to Withdraw as Attorney filed by Walter Chruby. (dc) (Entered: 09/29/2010) 10/04/2010 96 MOTION to Withdraw as Attorney by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 10/04/2010) 10/04/2010 97 BRIEF IN SUPPORT re 96 MOTION to Withdraw as Attorney filed by Walter Chruby.(Hoppe, L.) (Entered: 10/04/2010) 10/04/2010 98 CERTIFICATE OF SERVICE by Walter Chruby re 96 MOTION to Withdraw as Attorney, 97 Brief in Support (Hoppe, L.) (Entered: 10/04/2010) 10/27/2010 99 MOTION to Withdraw 98 Certificate of Service, 96 MOTION to Withdraw as Attorney, 97 Brief in Support -- Praecipe by Walter Chruby.(Hoppe, L.) (Entered: 10/27/2010) 10/28/2010 1.0_0 ORDER - The Praecipe to Withdraw the Petition (Doc. 99) is GRANTED. The petition of L. Theodore Hoppe, Jr., Esquire, for Leave to Withdraw as Counsel for Plaintiff, (Doc. 96), is DEEMED https:// ecf. pamd .circ3.dcn/cgi- bin/DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 18 of 27 WITHDRAWN. Signed by Honorable William J. Nealon on 10/28/10 (ga, ) (Entered: 10/28/2010) 11/04/2010 101. NOTICE of Change of Address by David R. Zaslow ( Zaslow, David) (Entered: 11/04/2010) 11/16/2010 102 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Allsa P. Marion on behalf of Walter Chruby Attorney Alisa Marion is seeking special admission. Filing fee $ 50, receipt number 0314- 2032171.. (Marion, Allsa) (Entered: 11/16/2010) 11/16/2010 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 11/16/2010) 11/16/2010 103 SPECIAL ADMISSIONS FORM APPROVED as to Alisa P. Marion.Signed by Honorable William J. Nealon on 11/16/2010. (bg, ) (Entered: 11/16/2010) 11/17/2010 1.04 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Bradley T. Beckman on behalf of Walter Chruby Attorney Bradley Beckman is seeking special admission. Filing fee $ 50, receipt number 0314 - 2032658.. (Beckman, Bradley) (Entered: 11/17/2010) 11/17/2010 DOCKET ANNOTATION: PA State Bar Record verified for Bradley T. Beckman and L. Theodore Hoppe, Jr. Oc) (Entered: 11/17/2010) 11/17/2010 105 Order - SPECIAL ADMISSIONS FORM APPROVED as to Bradley T. BeckmanSigned by Honorable William J. Nealon on 11/17/10. (ga, ) (Entered: 11/17/2010) 11/22/2010 106 AMENDED COMPLAINT (Second) against All Defendants, filed by Walter Chruby. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit (s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit (s), # 13 Exhibit(s), # 1_4 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s), # 22 Exhibit(s), # 23 Exhibit(s), # 24 Exhibit(s), # 25 Exhibit(s), # 26 Exhibit(s), # 27 Exhibit(s), # 28 Exhibit(s))(Marion, Alisa) (Entered: 11/22/2010) 11/23/2010 (Court only) ** *Party Michael Piovarchy and John Dupont added. Party Robert McGrath, McQuillan, Paul Noel, Dennis Ohler, Pennsylvania Department of Corrections, Bobbi Hardisky and Joseph Maurala terminated. (pjr) (Entered: 11/23/2010) 11/23/2010 107 AMENDED COMPLAINT Second -- Formatting Corrected against All Defendants, filed by Walter Chruby.(Marion, Alisa) (Entered: 11/23/2010) 11/23/2010 108 EXHIBIT by Walter Chruby re 106 Amended Complaint,,. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit (s), # 5 Exhibit(s))(Marion, Alisa) (Entered: 11/23/2010) 12/0612010 1.09 MOTION to Dismiss Second Amended Complaint by Jeffrey Beard, https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 19 of 27 Dawn Chamberlin, Joan Delie, John Dupont, Richard Ellers, Alan Fogle, Eugene Ginchereau, Martin Kovacs, Annette Kowaleski, Marge Lechene, Michael Piovarchy, David Pitkins, Shirley Moore Smeal, Derek Thomas, Mardiann Vincent, Frankie Walker. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 12/06/2010) 12/07/2010 11.0 MOTION to Dismiss Second Amended Complaint by Lucille Aiken, Kenneth Lintz, Joseph Maurala, Robert McGrath, McQuillan, Paul Noel, Prison Health Services, Inc., John Robinson, Rochelle Rosen, Jawad Salameh. (Attachments: # 1 Proposed Order)(Zaslow, David) (Entered: 12/07/2010) 12/17/2010 111 BRIEF IN SUPPORT re 1.10 MOTION to Dismiss Second Amended Complaint filed by Kenneth Lintz, Joseph Maurala, Robert McGrath, McQuillan, Paul Noel, Prison Health Services, Inc., John Robinson, Rochelle Rosen, Jawad Salameh. (Attachments: # 1 Proposed Order) (Zaslow, David) (Entered: 12/17/2010) 12/20/2010 11.2 BRIEF IN SUPPORT re 1.09 MOTION to Dismiss Second Amended Complaint filed by Jeffrey Beard, Dawn Chamberlin, Joan Delie, John Dupont, Richard Ellers, Alan Fogle, Eugene Ginchereau, Martin Kovacs, Annette Kowaleski, Marge Lechene, Pennsylvania Department of Corrections, Michael Piovarchy, David Pitkins, Shirley Moore Smeal, Derek Thomas, Mardiann Vincent, Frankie Walker.(Mazeski, Vincent) (Entered: 12/20/2010) 12/28/2010 11.3 MOTION for Extension of Time to File Brief to 109 MOTION to Dismiss Second Amended Complaint filed by Walter Chruby. (Attachments: # 1 Proposed Order)(Marion, Alisa) (Entered: 12/28/2010) 12/28/2010 115 MOTION for Extension of Time to File Brief to 1.10 MOTION to Dismiss Second Amended Complaint filed by Walter Chruby. (Attachments: # 1 Proposed Order)(Marion, Alisa) (Entered: 12/28/2010) 12/28/2010 DOCKET ANNOTATION: Doc #114 filed incorrectly and deleted. Filed correctly as Doc #115. (ao, ) (Entered: 12/28/2010) 12/29/2010 11.6 ORDER granting 1.13 Motion for Extension of Time to File Response/Reply re 110 MOTION to Dismiss Second Amended Complaint, 109 MOTION to Dismiss Second Amended Complaint; granting 11.5 Motion for Extension of Time to File Response/Reply re 11.0 MOTION to Dismiss Second Amended Complaint, 109 MOTION to Dismiss Second Amended Complaint Brief in Opposition due by 1/28/2011 Brief in Support due by 1/12/2011 Signed by Honorable William J. Nealon on 12/29/10 (ep, ) (Entered: 12/29/2010) 01/28/2011 117 BRIEF IN OPPOSITION re 109 MOTION to Dismiss Second Amended Complaint filed by Walter Chruby. (Attachments: # 1 Exhibit (s) Exhibit 1 - Motion to Consolidate Actions)(Marion, Alisa) (Entered: 01/28/2011) https:Hecf.pamd.circ . dcn/cgi- bin /DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 20 of 27 01/28/2011 1..18 BRIEF IN OPPOSITION re 1 10 MOTION to Dismiss Second Amended Complaint filed by Walter Chruby.(Marion, Alisa) (Entered: 01/28/2011) 02/01/2011 CONSOLIDATE CASES FILE 3:10 -cv -1248. (lh,) (Entered: 02/01/2011) 02/11/2011 119 BRIEF IN SUPPORT re 109 MOTION to Dismiss Second Amended Complaint filed by Jeffrey Beard, Dawn Chamberlin, Joan Delie, John Dupont, Richard Ellers, Alan Fogle, Eugene Ginchereau, Martin Kovacs, Annette Kowaleski, Marge Lechene, Pennsylvania Department of Corrections, Michael Piovarchy, David Pitkins, Shirley Moore Smeal, Derek Thomas, Mardiann Vincent, Frankie Walker.(Mazeski, Vincent) (Entered: 02/11/2011) 03/08/2011 120 MOTION to Withdraw as Attorney by Bradley T. Beckman and Alisa P. Marion by Walter Chruby. (Attachments: # 1 Proposed Order) (Beckman, Bradley) (Entered: 03/08/2011) 03/09/2011 121 MOTION to Withdraw as Attorney by Walter Chruby. (Attachments: # 1 Proposed Order Proposed Order)(Hoppe, L.) (Entered: 03/09/2011) 03/09/2011 122 BRIEF IN SUPPORT re 120 MOTION to Withdraw as Attorney by Bradley T. Beckman and Alisa P. Marion filed by Walter Chruby. (Beckman, Bradley) (Entered: 03/09/2011) 03/10/2011 123 ORDER - IT IS HEREBY ORDERED THAT within fourteen (14) days of the date of this Order, Plaintiff SHALL file a response to the motions to withdraw as counsel filed by Bradley T. Beckman, Esquire, and Alisa P. Marion, Esquire, (Doc. 120), and by L. Theordore Hoppe, Jr. Esquire, (Doc. 121), indicating whether or not he objects to counsels' requests to withdraw. If Plaintiff fails to timely respond, he shall be deemed not to oppose the motions. Signed by Honorable William J. Nealon on 3/10/11. (ga, ) (Entered: 03/10/2011) 03/10/2011 124 BRIEF IN SUPPORT re 121 MOTION to Withdraw as Attorney filed by Walter Chruby.(Hoppe, L.) (Entered: 03/10/2011) 03/22/2011 125 BRIEF IN OPPOSITION re 120 MOTION to Withdraw as Attorney by Bradley T. Beckman and Alisa P. Marion filed by Walter Chruby.(ga, ) (Entered: 03/22/2011) 03/23/2011 126 ORDER - Plaintiff shall file objections to the Motions to withdraw and a supporting brief no later than April 14, 2011 (See Order for further details) re 1.25 Brief in Opposition filed by Walter Chruby Signed by Honorable William J. Nealon on 3/23/11. (ga, ) (Entered: 03/23/2011) 03/31/2011 127 MOTION For Leave To Have All Motions, Filings, And/Or Hearings, Relating To All Counsels' Motions To Withdraw Be Submitted Under Seal For In Camera Review by Walter Chruby.(ga, ) (Entered: 03/31/2011) 03/31/2011 128 1 BRIEF IN SUPPORT re 127 MOTION For Leave To Have All Motions, Filings, And/Or Hearings, Relating To All Counsels' Motions https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 21 of 27 To Withdraw Be Submitted Under Seal For In Camera Review filed by Walter Chruby.(ga, ) (Entered: 03/31/2011) 04/02/2011 130 RESPONSE by Walter Chruby to 127 MOTION For Leave To Have All Motions, Filings, And/Or Hearings, Relating To All Counsels' Motions To Withdraw Be Submitted Under Seal For In Camera Review, Docket Annotation, 1.28 Brief in Support. (Beckman, Bradley) Modified on 4/4/20110 c). (Entered: 04/04/2011) 04/04/2011 DOCKET ANNOTATION: COUNSEL is advised that Document 129 filed 4/2/11 is to be REDOCKETED using the event RESPONSE located under OTHER DOCUMENTS. 0c) (Entered: 04/04/2011) 04/04/2011 DOCKET ANNOTATION: Document 129 filed 4/2/11 deleted and replaced by Document 130. Oc) (Entered: 04/04/2011) 04/04/2011 131. ORDER granting 127 Motion to file under seal. Signed by Honorable William J. Nealon on 4/4/2011 (bg, ) (Entered: 04/04/2011) 04/06/2011 132 DOCUMENT SEALED pursuant to Court Order dated April 4, 2011. (ga, ) (Entered: 04/06/2011) 04/06/2011 133 DOCUMENT SEALED pursuant to Court Order dated April 4, 2011. (ga, ) (Entered: 04/06/2011) 04/14/2011 1.34 DOCUMENT SEALED pursuant to Court Order. Counsel will be sent copy. (ga, ) (Entered: 04/14/2011) 04/14/2011 135 DOCUMENT SEALED pursuant to Court Order (kc, ) (Entered: 04/14/2011) 04/14/2011 136 DOCUMENT SEALED pursuant to Court Order (kc, ) (Entered: 04/14/2011) 05/03/2011 137 NOTICE of Appearance by Robert F. Morris on behalf of All Plaintiffs. (Morris, Robert) (Entered: 05/03/2011) 05/04/2011 1.38 NOTICE of Appearance by Aaron D. Martin on behalf of Walter Chruby (Martin, Aaron) (Entered: 05/04/2011) 05/04/2011 SPECIAL ADMISSION AND ECF REGISTRATION FORMS SENT to Robert F. Morris. (pjr) (Entered: 05/04/2011) 05/04/2011 139 ORDER granting 1.20 Motion to Withdraw as Attorney.; granting 121 Motion to Withdraw as Attorney. Attorneys Bradley T. Beckman, Alisa P. Marion, and L. Theodore Hoppe, Jr. are TERMINATED on behalf of Plaintiff. Signed by Honorable William J. Nealon on 5/4/11 (ga, ) (Entered: 05/04/2011) 05/04/2011 (Court only) * ** Attorney Alisa P. Marion; Bradley T. Beckman and L. Theodore Hoppe, Jr terminated. (ga, ) (Entered: 05/04/2011) 05/09/2011 140 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert F. Morris on behalf of All Plaintiffs Attorney Robert Morris is seeking special admission. Filing fee $ 50, receipt number 0314 - 2177636., filed https: / /ecf.pamd.eirc3.dcn/egi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 22 of 27 . by on behalf of All Plaintiffs.(Morris, Robert) (Entered: 05/09/2011) 05/09/2011 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 05/09/2011) 05/10/2011 1.41 MOTION to Supplement ('lake Judicial Notice) Brief in Opposition to Motion to Dismiss by Walter Chruby. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order, # 3 Certificate of Service)(Martin, Aaron) (Entered: 05/10/2011) 05/13/2011 142 SPECIAL ADMISSIONS FORM APPROVED as to Robert F. MorrisSigned by Honorable William J. Nealon on 5/13/11. (ga, ) (Entered: 05/13/2011) 08/23/2011 1.43 NOTICE by Walter Chruby (Suppelemental Authority pursuant to M.D.L.R. 7.36) (Martin, Aaron) (Entered: 08/23/2011) 09/30/2011 1.44 ORDER - The motion to dismiss (Doc.9) is GRANTED in part and DENIED in part. (See Order for further details)Signed by Honorable William J. Nealon on 9/30/11 (ga, ) (Entered: 09/30/2011) 09/30/2011 ni (Court only) * ** Party John Dupont, Alan Fogle, Martin Kovacs, Marge Lechene, Michael Piovarchy, David Pitkins, Mardiann Vincent, Dawn Chamberlin and Joan Delie terminated. (ga, ) (Entered: 09/30/2011) 10/03/2011 145 ORDER granting 1.41 Motion to Supplement Signed by Honorable William J. Nealon on 10/3/11 (ga, ) (Entered: 10/03/2011) 10/05/2011 DOCKET ANNOTATION: Document #146 "Order" deleted, due to clerical error. (ga, ) (Entered: 10/05/2011) 10/05/2011 146 ORDER - IT IS HEREBY ORDERED THAT: This Court's Memorandum and Order dated Sepetember 30, 2011, (Doc. 144), is AMENDED to GRANT Plaintiffs request to supplement his pleadings to add claims of deliberate indifference occurring on December 9, 2009, and December 10, 2009. (See order for further details).Signed by Honorable William J. Nealon on 10/5/11. (ga, ) (Entered: 10/05/2011) 10/18/2011 147 MEMO & ORDER granting in part and denying in part 110 Motion to Dismiss; Within thirty (30) days of the date of this Order, Pltf shall file a Third Amended Complaint eliminating all the paragraphs, claims and defts dismissed by this Court; w /in thirty (30) days of receipt of Pltf s Third Amended Complaint, the PHS Defts shall file an Answer thereto;Signed by Honorable William J. Nealon on 10/18/11 (ep, ) (Entered: 10/18/2011) 10/18/2011 (Court only) Set/Reset Deadlines: Amended Pleadings due by 11/18/2011. (ep, ) (Entered: 10/18/2011) 11/10/2011 VERBAL ORDER - Case Reassigned to Honorable Robert D. Mariani. Honorable William J. Nealon no longer assigned to the case.(admin, ) (Entered: 11/10/2011) https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 23 of 27 11/17/2011 148 AMENDED COMPLAINT (THIRD) against All Defendants, filed by Walter Chruby. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 1_0 Exhibit(s) J, # l_1 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 1.7 Exhibit(s) Q, # 18 Exhibit(s) R, W - 1 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W, # 24 Exhibit(s) X, # 25 Exhibit(s) Y, # 26 Certificate of Service)(Martin, Aaron) (Entered: 11/17/2011) 12/15/2011 149 MOTION for Extension of Time to File Answer re 148 Amended Complaint„ (Third Amended) by Lucille Aiken, Kenneth Lintz, Paul Noel, Prison Health Services, Inc., Rochelle Rosen, Jawad Salameh. (Kocher, Kim) (Entered: 12/15/2011) 12/16/2011 SPECIAL ADMISSION AND ECF REGISTRATION FORMS SENT to Kim Kocher. (pjr) (Entered: 12/16/2011) 12/16/2011 1.50 ORDER having considered Defendants' Motion for Enlargement of Time to File Answer (Doc. 149), IT IS HEREBY ORDERED: 1. Defendants' Motion for Enlargement of Time to File Answer (Doc. 149) is GRANTED. 2. January 18, 2012. Defendantsshall file an Answer to Plaintiffs Third Amended Complaint no later thanSigned by Honorable Robert D. Mariani on 12/16/11 Ofg) (Entered: 12/16/2011) 12/19/2011 151 REPLY by Jeffrey Beard, Richard Ellers, Eugene Ginchereau, Annette Kowaleski, David Pitkins, Derek Thomas, Frankie Walker, John E. Wetzel. to 148 Amended Complaint„ Answer with Affirmative Defenses. (Mazeski, Vincent) (Entered: 12/19/2011) 12/20/2011 1.52 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kim Kocher on behalf of Kenneth Lintz, Rochelle Rosen, Prison Health Services, Inc., Paul Noel, Jawad Salameh, Lucille Aiken Attorney Kim Kocher is seeking special admission. Filing fee $ 50, receipt number 0314 - 2360175., filed by on behalf of Kenneth Lintz, Rochelle Rosen, Prison Health Services, Inc., Paul Noel, Jawad Salameh, Lucille Aiken. (Kocher, Kim) (Entered: 12/20/2011) 12/20/2011 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa ) (Entered: 12/20/2011) 12/21/2011 1.53 ORDER re 152 Petition for Special Admission - Pro Hac Vice, filed by Kenneth Lintz, Rochelle Rosen, Paul Noel, Jawad Salameh, Prison Health Services, Inc., Lucille Aiken. Special Admission granted for Kim Kocher. Signed by Honorable Robert D. Mariani on 12/21/11. Ofg) (Entered: 12/21/2011) 01/18/2012 154 ANSWER to 1.48 Amended Complaint„ (Third Amended Complaint) by Lucille Aiken, Kenneth Lintz, Paul Noel, Prison Health Services, Inc., Rochelle Rosen, Jawad Salameh.(Zaslow, David) (Entered: 01/18/2012) 01/19/2012 155 ORDER:THAT a telephonic status conference shall be conducted on https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 24 of 27 Friday, February 24,2012 at 3:00 p.m. Counsel for plaintiff is responsible for arranging the call to (570) 207 -5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 1/19/12. 0fg) (Entered: 01/19/2012) 02/24/2012 156 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic Status Conference before Judge Mariani on 2/24/2012. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 2/24/2012. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) (Entered: 02/24/2012) 02/24/2012 1.57 ORDER 1. Within fourteen (14) days of this Order, counsel for the parties will jointly submit a proposed order setting forth adiscovery plan, together with adate for the filing of dispositive motions or partially dispositive motions.2. The proposed order shall further address the issue of mediation with respect to some or all of Plaintiffs claims. Signed by Honorable Robert D. Mariani on 2/24/12. Ofg) (Entered: 02/24/2012) 02/24/2012 158 (Court only) Minute Sheet for proceedings held before Honorable Robert D. Mariani: Telephone Conference held on 2/24/2012. (Court Reporter YEAGER.)Total Time in Court [1:48] Ofg) (Entered: 03/01/2012) 03/09/2012 159 ORDER - (a) No additional parties may be joined. No amendments of the pleadings may be made except by leave of court. (b) All discovery, except expert discovery, shall be completed by December 31, 2012. (c) On or before June 30, 2012, each of the parties shall notify the court in writing whether mediation has been scheduled either through the court system or through private mediation and, if not, whether mediation would be helpful in disposing of any of the issues in this case. (d) Motions for Summary Judgment raising any issues unrelated to the production of expert reports shall be filed on or before January 31, 2013; (e) Plaintiff shall serve expert reports within sixty (60) days after the disposition of motions for summary judgment. If no motions for summary judgment are filed, Plaintiffs expert reports shall be served on or before February 28, 2013. Defendants' expert reports shall be due within thirty (30) days after receipt of Plaintiffs expert reports. (f) Any additional motions for summary judgment not covered by subsection (d) above shall be filed within thirty (30) days after service of Defendants' expert reports.Signed by Honorable Robert D. Mariani on 3/9/12. Ofg) (Entered: 03/09/2012) 06/29/2012 1.60 STATUS REPORT by Jeffrey Beard, Richard Ellers, Eugene Ginchereau, Annette Kowaleski, Shirley Moore Smeal, Derek Thomas, Frankie Walker, John E. Wetzel. (Mazeski, Vincent) (Entered: 06/29/2012) 06/29/2012 161 Letter from Robert Morris re: scheduling mediation. (lh, ) (Entered: https:Hecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742 -L_1 _0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 25 of 27 06/29/2012) 06/29/2012 162 STATUS REPORT OF PHS DEFENDANTS by Lucille Aiken, Kenneth Lintz, Paul Noel, Prison Health Services, Inc., Rochelle Rosen, Jawad Salameh. (Zaslow, David) (Entered: 06/29/2012) 07/09/2012 163 Letter from Judge Mariani to Atty Morris:I am in receipt of your letter of June 28, 2012, in which you write to advise the Court that mediation has not yet been scheduled in this matter. Based upon this representation, theCourt is presently seeking a mediator to assist in the prompt resolution of this dispute. Once a mediator is secured, we will issue an Order directing mediation and setting a date for its commencement. Ofg) (Entered: 07/09/2012) 07/12/2012 164 ORDER Counsel for the parties having contacted the Court and requesting that the Court appoint a mediator /settlement officer in this case, IT IS HEREBY ORDERED that this matter is referred to United States Magistrate Judge Thomas M. Blewitt for the purpose of conducting settlement negotiations with the parties at such date and time as Magistrate Judge Blewitt shell direct. Signed by Honorable Robert D. Mariani on 7/12/12. Ofg) (Entered: 07/12/2012) 07/13/2012 165 SCHEDULING ORDER: Telephone Scheduling Conference set for 8/6/2012 11:00 AM before Magistrate Judge Thomas M. Blewitt. Signed by Magistrate Judge Thomas M. Blewitt on 7/13/12. (tmbsec, ) (Entered: 07/13/2012) 08/06/2012 166 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Telephone Conference held on 8/6/2012. Settlement conference set for September 6th at 10:00 a.m. Total Time in Court [:10] (ga, ) (Entered: 08/06/2012) 08/07/2012 167 SCHEDULING ORDER: Settlement Conference set for 9/6/2012 10:00 AM in Scranton before Magistrate Judge Thomas M. Blewitt. See Order for further details.Signed by Magistrate Judge Thomas M. Blewitt on 8/7/12. (tmbsec, ) (Entered: 08/07/2012) 08/28/2012 168 NOTICE of Appearance by David R Jacquette on behalf of Walter Chruby. (Jacquette, David) (Entered: 08/28/2012) 08/28/2012 169 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by David R Jacquette on behalf of Walter Chruby Attorney David Jacquette is seeking special admission. Filing fee $ 50, receipt number 0314- 2564221.. (Jacquette, David) (Entered: 08/28/2012) 08/28/2012 DOCKET ANNOTATION: Peitioning attorney and associate counsel's bar status verified. (aaa ) (Entered: 08/28/2012) 08/29/2012 171 ORDER re 169 Petition for Special Admission - Pro Hac Vice filed by Walter Chruby Special Admission granted for Atty Jacquette. Signed by Honorable Robert D. Mariani on 8/29/12. Ofg) (Entered: 08/29/2012) 08/31/2012 DOCKET ANNOTATION: Document #170 deleted per request of https:// ecf. pamd. circ3. dcn/ cgi- bin /DktRpt.pl ?l 12044723179742- L_1_0 -1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 26 of 27 Court. (kc, ) (Entered: 08/31/2012) 09/06/2012 172 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Settlement Conference held on 9/6/2012. Total Time in Court [3:20] (tmbsec, ) (Entered: 09/06/2012) 09/06/2012 173 SCHEDULING ORDER: Telephone Status Conference set for 9/19/2012 03:00 PM before Magistrate Judge Thomas M. Blewitt. Conference shall be initiated by the Court.Signed by Magistrate Judge Thomas M. Blewitt on 9/6/12. (tmbsec, ) (Entered: 09/06/2012) 09/20/2012 1.74 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Telephone Conference held on 9/20/2012. Total Time in Court [:10] (tmbsec, ) (Entered: 09/20/2012) 09/20/2012 1.75 SCHEDULING ORDER: Telephone Status Conference set for 10/4/2012 10:00 AM before Magistrate Judge Thomas M. Blewitt.Signed by Magistrate Judge Thomas M. Blewitt on 9/20/12. (tmbsec, ) (Entered: 09/20/2012) 10/04/2012 176 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Telephone Conference held on 10/4/2012. Total Time in Court [:10] (tmbsec, ) (Entered: 10/04/2012) 10/05/2012 177 SCHEDULING ORDER: Telephone Status Conference set for 10/29/2012 03:00 PM before Magistrate Judge Thomas M. Blewitt.Signed by Magistrate Judge Thomas M. Blewitt on 10/5/12. ( tmbsec, ) (Entered: 10/05/2012) 10/31/2012 178 SCHEDULING ORDER: Telephone Status Conference set for October 29, 2012 is RESCHEDULED. The conference shall be conducted on November 5, 2012 at 9:30 AM and shall be initiated by the Court. Signed by Magistrate Judge Thomas M. Blewitt on 10/31/12. (ms) (Entered: 10/31/2012) 11/05/2012 1.79 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Telephone Conference held on 11/5/2012. Total Time in Court [:15] (ms) (Entered: 11/05/2012) 11/05/2012 180 SCHEDULING ORDER: Settlement Conference set for 11/14/2012 10:30 AM in Scranton before Magistrate Judge Thomas M. Blewitt.Signed by Magistrate Judge Thomas M. Blewitt on 11/5/12. (ms) (Entered: 11/05/2012) 11/14/2012 Qj- 1.81 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Settlement Conference held on 11/14/2012. Total Time in Court [1:45] (ms) (Entered: 11/14/2012) 11/26/2012 182 SCHEDULING ORDER - A telephonic status conference shall be conducted in the above - captioned action on December 10, 2012 at 10:30 a.m. The conference shall be initiated by the Court. Signed by Magistrate Judge Thomas M. Blewitt on 11/26/12. (ms) (Entered: 11/26/2012) https: // ecfpamd .circ3.dcn /cgi- bin/DktRpt.pl ?1 12044723179742-L10-1 01/15/2013 Pennsylvania Middle District Version 6.0.0 Page 27 of 27 12/10/2012 183 (Court only) Minute Sheet for proceedings held before Magistrate Judge Thomas M. Blewitt: Telephone Conference held on 12/10/2012. Total Time in Court [:15] (ms) (Entered: 12/10/2012) 12/18/2012 184 STIPULATION of Voluntary Dismissal by Prison Health Services, Inc., filed by Prison Health Services, Inc.. (Attachments: # 1. Proposed Order)(Zaslow, David) (Entered: 12/18/2012) 12/19/2012 1.85 ORDER re 184 Stipulation filed by Prison Health Services, Inc. upon consideration of the Parties' Stipulation of Voluntary Dismissal, it is hereby ORDERED that the Stipulation is accepted. Signed by Honorable Robert D. Mariani on 12/19/12. Ofg) (Entered: 12/19/2012) 12/28/2012 186 MOTION for Extension of Time to Complete Discovery by Jeffrey Beard, Annette Kowaleski, John E. Wetzel. (Attachments: # 1 Proposed Order)(Mazeski, Vincent) (Entered: 12/28/2012) 01/04/2013 187 ORDER 1. Plaintiffs Third Amended Complaint is DISMISSED. 2. Defendants' Motion for Extension of Time to Complete Discovery (Doc. 186) is DENIED as moot. 3. The Clerk of the Court shall CLOSE the case.Signed by Honorable Robert D. Mariani on 1/4/13. Ofg) (Entered: 01/04/2013) https: / /ecf.pamd.circ3.dcn/cgi- bin /DktRpt.pl? 112044723179742- L_1_0 -1 01/15/2013 IMAGEE Pk ffil:G' � �tV ... � © OF- NpT48 2013FE911 Ap 9.2, MORRIS AND CLEMM P.C. &AUPy�,y Robert F. Morris, Esquire "'N UN r Attorney I.D. No. 22706 PEN 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 (610) 825 -0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW WALTER CHRUBY No. 2013 -CV- 00922 -CV V. JEFFREY BEARD, et al. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff in the above - captioned matter. MORRIS AND CLEMM, P.C. Dated: February 6, 2013 B R F. Morris, Esquire Attorney for Plaintiff ` to IMAGED OFFICE OF PROTHONOTARY 1013 FEB i t AM 9: 23 DAUPHIN COUNTY MORRIS AND CLEMM, P .C. PENNA David R. Jacquette, Esquire Attorney I.D. No. 309586 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 (610) 825 -0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW WALTER CHRUBY No. 2013 -CV- 00922 -CV V. JEFFREY BEARD, et al. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff in the above - captioned matter. MORRIS AND CLEMM, P.C. IL Dated: February 6, 2013 By :� _ David R. Jacquette, E quire Attorney for Plaintiff r 1 IMAG s 3 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA WALTER CHRUBY, c�cy - -t-nrt Plaintiff, CIVIL ACTION LAW N' 00 C r n =rnZ V. NO. 2013 -CV- 00922 -CV A Vn - 0 JEFFREY BEARD, et al., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of the remaining DOC Defendants, Beard, Wetzel and Kowalewski in the above - captioned matter. Papers may be served at the address set forth below. Respectfully submitted, By: 4�� Vincent R. Mazeski Assistant Counsel Attorney I.D. No. PA73795 Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728 -7763 Fax No.: (717) 728 -0307 Email: vmazeski a,state.pa.us Dated: May 28, 2013 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, et al., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) in the above - captioned matter. Service by first -class mail Addressed as follows: David R. Jacquette David R. Zaslow Counsel for Plaintiff Counsel for PHS Morris and Clemm, PC White and Williams, LLP Plymouth Woods Office Center 1650 Market Street 527 Plymouth Road, Suite 416 One Liberty Place, Suite 1800 Plymouth Meeting, PA 19462 -1641 Philadelphia, PA 19103 -7395 ose A. White Clerk Typist II Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 (717) 728 -7763 Dated: May 28, 2013 Cop es Distributed Date , WALTER CHRUBY, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY BEARD et al =m X 7Z C3 Defendants NO. 2013 CV 922 CV "� q C,3 c..r� r ORDER AND NOW, to wit, this 30 day of May, 2013, UTron consideration of the Defendants' Joint Emergency Motion to Dismiss and for Protective Order, IT IS HEREBY ORDERED that a Rule is issued upon the Plaintiff to file a full and complete Response to the Defendants' said Motion. THIS RULE IS RETURNABLE within five (5) days from service thereof. BY THE COURT: l awrenc l e F. Clark, Jr., Judge DISTRIBUTION: Vincent R. Mazeski, Esquire, PA Department of Corrections, Office of Chief Counsel, 1920 Technology Parkway, Mechanicsburg, PA 17050 David R. Jacquette, Esquire, Plymouth Woods Office Center, 527 Plymouth Road, Suite 416, Plymouth Meeting, PA 19462 -1641 David R. Zaslow, Esquire, 1650 Market Street, One Liberty Place, Suite 1800, Philadelphia, PA 19103 -7395 FILE �. A =D MORRIS AND CLEMM, P.C. rnZ � -nLn Robert F. Morris, Esquire >C) =go Attorney I.D. No. 22706 X. v -n cj David R. Jacquette, Esquire Attorney I. D. No. 309586 �o 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 (610) 825 -0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW WALTER CHRUBY No. 2013 -CV- 00922 -CV V. JEFFREY BEARD, et al. PLAINTIFF'S ANSWER TO DEFENDANTS' JOINT EMERGENCY MOTION TO DISMISS AND FOR PROTECTIVE ORDER AND NOW, comes Plaintiff, Walter Chruby, by and through his counsel Morris and Clemm, P.C., and hereby responds to Defendants' Joint Emergency Motion to Dismiss and for Protective Order pursuant to the Court's Order setting a Rule Returnable of five (5) days from the service of the Order dated May 31, 2013, which was mailed to Plaintiffs counsel on June 3, 2013 and received on June 5, 2013. A true and correct copy of the Order and mailing envelope which the Order was contained in is attached hereto as Exhibit "A ". It must first be noted that Plaintiff objects to the instant Motion to Dismiss as it is not a valid pleading in an action in state court. Without waiving said objection, Plaintiff responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied as stated. In addition to SCI - Laurel Highlands, SCI - Pittsburgh, and Conemaugh Hospital, Plaintiff also spent time at UPMC - Shadyside. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. As stated by DOC, the Central Office of DOC is located in Cumberland County, Pennsylvania. While the national headquarters of PHS is located in Brentwood, Tennessee, PHS has its main Pennsylvania office in Cumberland County, located at 872 Poplar Church Road, Camp Hill, PA 17001 and conducts business in Cumberland County. 2 Therefore, Plaintiff is agreeable to have the instant matter transferred to Cumberland County, where venue is proper as to both DOC and PHS. 19. Denied as stated. As both defendants DOC and PHS have local offices in Cumberland County and conduct business in Cumberland County, Plaintiff is agreeable to having the instant matter transferred to Cumberland County. 20. Denied as a conclusion of law to which no response is required. 21. Denied as a conclusion of law to which no response is required. 22. Admitted. 23. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 23, and strict proof thereof is demanded at the time of hearing or trial, if relevant. 24. Admitted. 25. Denied as a conclusion of law to which no response is required. 26. Denied as a conclusion of law to which no response is required. 27. Denied as a conclusion of law to which no response is required. 28. Denied as a conclusion of law to which no response is required. 29. Denied as a conclusion of law to which no response is required. By way of further response, pursuant to the 2007 Settlement Agreement which the instant action arises from, it was the intention of all parties for disputes arising from the 2007 Settlement Agreement to be determined by the federal courts. Therefore, Defendant DOC is no estopped from asserting that jurisdiction over the instant claims lies with the Board of Claims. Furthermore, the Board of Claims has no jurisdiction over claims against PHS. 3 30. Denied as a conclusion of law to which no response is required. 31. Denied as stated. Plaintiff did file the cited action in Delaware County Court of Common Pleas. By way of further response, the Delaware County Court of Common Pleas granted Plaintiffs request for an ex parte preliminary injunction, which the Commonwealth Court then affirmed the Delaware County Court of Common Pleas was authorized to grant pursuant to Pa.R.C.P. 15319(a). Chruby v. DOC 4 A.3d 764, 770 (Pa. Cmwlth. 2010). To the extent the averments of paragraph 31 differ from the foregoing, they are specifically denied. 32. Denied as stated. It is admitted that DOC counsel advised Plaintiffs counsel that DOC counsel would seek attorney's fees if Plaintiff continued to pursue the instant action. To the extent the averments of paragraph 32 differ from the foregoing, they are specifically denied. 33. Denied. Plaintiff properly proceeded to conduct discovery after filing the instant action in Dauphin County. As stated above, Plaintiff is agreeable to having the instant matter transferred to Cumberland County. 34. Denied. It is specifically denied that Plaintiff is forum shopping or has commenced the instant action in bad faith. 35. Denied as a conclusion of law to which no response is required. 36. Denied as a conclusion of law to which no response is required 37. Denied as stated. The Third Amended Complaint, which was dismissed by the District Court of the Middle District of Pennsylvania included the breach of contract claims that are at issue today. If Defendants consent to the filing of an Amended Complaint in order to clarify Plaintiffs claims, Plaintiff is agreeable to do so. 38. Admitted. 4 39. Admitted. By way of further response, Plaintiff is willing to file an Amended Complaint in order to clarify Plaintiffs claims. 40. Denied. It is specifically denied that it is unreasonable to conduct the deposition of Dr. Salameh at this time. 41. Denied as a conclusion of law to which no response is require. 42. Plaintiff requests a hearing on the instant motion of Defendants. WHEREFORE, plaintiff Walter Chruby respectfully requests this Honorable Court to deny Defendants' Emergency Motion to Dismiss and for Protective Order and to retain jurisdiction of the instant matter, or in the alternative, transfer the instant action to Cumberland County, and to permit Plaintiff to conduct discovery, specifically the oral deposition of Dr. Jawad Salameh. MORRIS AND CLEMM, P.C. Dated: (o By Robert F. Morris, E qui David R. Jacquette, Esq i Attorneys for Plainti 5 EXHIBIT A WALTER CHRUBY, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVA A V. CIVIL ACTION - LAW Q om , JEFFREY BEARD, et al, Defendants NO. 2013 CV 922 CV C : ) rn ORDER AND NOW, to wit, this 30 day of May, 2013, upon consideration of the Defendants' Joint Emergency Motion to Dismiss and for Protective Order, IT IS HEREBY ORDERED that a Rule is issued upon the Plaintiff to file a full and complete Response to the Defendants' said Motion. THIS RULE IS RETURNABLE within five (5) days from service thereof. BY THE COURT: awrence F. Clark, Jr., Judge DISTRIBUTION: office of Vincent R. Mazeski, Esquire, PA Department of Corrections, Chief Counsel, 1920 Technology Parkway, Mechanicsburg, PA 17050 David R. Jacquette, Esquire, Plymouth Woods office Center, 527 Plymouth Road, Suite 416, Plymouth Meeting, PA 19462 -1641 David R. Zaslow, Esquire, 1650 Market Street, One L- i6erty. , Place, Suite 1800, Philadelphia, PA 19103 -7395 1.'2 FILE Thereby cKC4 thai the torOgoing is a V and correct copy of the original filed. job LAWRENCE F. CLARK, JR JUDGE Has ler F1119T CLA9s� MAIL COURT HOUSE HARRISBURG, PENNSYLVANIA 17101 0- 61kM -!2013 rta 2 ! � ZIP 17101 011D12602100 David R. Jacquette, Esquire Plymouth Woods Office Center. 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 -1641 `. . Y t . - 11 rfieesfl l�i {:firt:gi #'1i} # #�fl #.fll��)ij =; ra �. co, .. . cs w 61 MORRIS AND CLEMM, P.C. '° r3 Robert F. Morris, Esquire ©, Attorney I.D. No. 22706 David R. Jacquette, Esquire o Attorney I. D. No. 309586 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 Attorneys for Plaintiffs (610) 825 -0500 IN THE COURT OF COMMON PLE N OF DAUPHIN COUNTY, PA CIVIL AC WALTER CHRUBY No. 2013 -CV- 009 - CV V. JEFFREY BEARD, et al. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiffs Answer to Defendants' Joint Emergency Motion to Dismiss and for Protective Order was served on this date by United States First Class Mail, postage prepaid, to the following: Vincent R. Mazeski, Esquire Assistant Counsel Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 David R. Zaslow, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 -7395 MORRIS AND CLEMM, P.C. Dated: June 6, 2013 By ' squire David R. J cquett , sq Attorney r Pla' f AGED WHITE AND WILLIAMS LLP Attorneys for Defendant, BY: David R. Zaslow, Esquire Prison Health Services, Inc. Rosemary R. Schnall, Esquire Kim Kocher, Esquire zC3 C_ _ Identification Nos . 77782/73455/66557 U 1650 Market Street rn— q © One Liberty Place, Suite 1800`' Philadelphia, PA 19103 -7395 z' 215. 864 .6844/215.864.6869 /215.864.6332' zaslowd @whiteandwilliams.com o schnallr @whiteandwilliams.com kocherk@whiteandwilliams.com WALTER CHRUBY DAUPHIN COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, ET AL Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel on behalf of Defendant, Prison Health Services, Inc., in the above - captioned matter. Papers may be served at the address set forth below. WHITE AND WILLIAMS LLP David R. Zaslow, Esquire Rosemary R. Schnall, Esquire Kim Kocher, Esquire Attorneys for Defendant, Prison Health Services, Inc. 1650 Market Street One Liberty Place, Suite 1800 1-3 Philadelphia, PA 19103 -7395 Dated: 11498382v.1 WHITE AND WILLIAMS LLP Attorneys for Defendant, BY: David R. Zaslow, Esquire Prison Health Services, Inc. Rosemary R. Schnall, Esquire Kim Kocher, Esquire Identification No(s). 77782/73455/66557 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 -7395 215. 864 .6844/215.864.6869 /215.864.6332 zaslowd@whiteandwilliams.com schnallr @whiteandwilliams.com kocherk@whiteandwilliams.com WALTER CHRUBY DAUPHIN COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL ACTION LAW V. NO. 2013 -CV- 00922 -CV JEFFREY BEARD, ET AL Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) named below in the above - captioned matter. Service by First -Class Mail Addressed as follows: David R. Jacquette, Esquire Vincent R. Mazeski, Assistant Counsel Morris and Clemm, PC Pennsylvania Department of Corrections Plymouth Woods Office Center Office of Chief Counsel 527 Plymouth Road, Suite 416 1920 Technology Parkway Plymouth Meeting, PA 19462 -1641 Mechanicsburg, PA 17050 David R. Zaslow, Esquire Dated: �j q l ( -2- 11498382v.1 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, V. NO. 2013-4029 Civil ' JEFFREY BEARD, et al., Defendants DOC DEFENDANTS' MOTION TO TRANSFER AND NOW come the DOC Defendants, by and through Counsel, Vincent R. Mazeski, and hereby move this Honorable Court as follows: 1. Although this case has not been before a judge of this Court, it contains a lengthy procedural and factual history. 2. Plaintiff, Walter Chruby, is an inmate incarcerated at the state correctional institution (SCI) at Laurel Highlands. 3. The remaining three Department of Corrections (DOC) Defendants are former Secretary of the DOC, Jeffrey Beard; present Secretary of the DOC, John Wetzel; and the Corrections Health Care Administrator (CHCA) at SCI- Laurel Highlands, Annette Kowalewski. 4. The fourth remaining Defendant is Prison Health Services, Inc. (PHS), now Corizon. 5. Plaintiff initiated the present litigation in federal court in August 2009. Chruby v. Beard, No. 09-1641 (M.D. Pa.). 6. In December 2012, the Parties stipulated to the dismissal of what was left of Plaintiff's third amended complaint with the exception of a breach of contract count against the above mentioned four Defendants. 7. In January 2013, the federal court declined supplemental jurisdiction over the remaining state claim and dismissed the case. 8. Plaintiff filed this case in Dauphin County on February 1, 2013. 9. On May 28, 2013, Defendants filed a joint motion to dismiss raising issues as to venue and jurisdiction. 10. On June 7, 2013, Plaintiff filed an answer to Defendants' motion. 11. On June 20, 2013, the Court of Common Pleas of Dauphin County issued an order finding that it lacked venue and jurisdiction and further transferred the case to Cumberland County. 12. The breach of contract count arose from a settlement agreement executed in August 2007. Chruby v. Beard, No. 05-2397 (M.D. Pa.). 13. Two of the four defendants are the former Secretary and present Secretary of the Pennsylvania Department of Corrections. 14. Without explanation, Plaintiff persists in litigating this case in a court of common pleas of his choosing. 2 Jurisdiction 15. As this case is for breach of contract against a Commonwealth agency,jurisdiction exclusively lies with the Board of Claims. 62 Pa.C.S. § 1724. Clark v. Pennsylvania State Police, 436 A.2d 1383 (Pa. 1981). 16. Alternatively, as this case was filed against a Commonwealth officer, the Commonwealth Court has exclusive original jurisdiction. 42 Pa.C.S. § 761; Fattah v. Smeal, 2011 Pa. Commw. Unpub. LEXIS 544 (Pa. Cmwlth. July 8, 2011)(As the named defendant was the acting Secretary of the DOC, jurisdiction rested with the Commonwealth Court and the trial court lacked jurisdiction to enter orders); Chruby v. DOC, 4 A.3d 764 (Pa. Cmwlth. 2010)(Delaware County Court of Common Pleas lacked jurisdiction to enter an order granting Chruby preliminary injunctive .relief.) . 17. Either way, the Court of Common Pleas of Cumberland County lacks subject matter jurisdiction over a breach of contract (settlement agreement) action against a statewide officer named nominally on behalf of the Department of Corrections. 18. Questions of subject matter jurisdiction may be raised at any time, even on appeal, by the parties or by the court sua sponte. McKeown v. Commonwealth, DOT, 601 A.2d 486 (Pa. Cmwlth. 1991). 3 19. The case should be transferred to the Board of Claims or Commonwealth Court. 42 Pa.C.S. § 5103. 20. Based on their respective positions on this issue in Dauphin County, concurrence from Counsel for Plaintiff and Counsel for PHS was not sought. WHEREFORE, DOC Defendants respectfully request this Honorable Court to transfer the case for lack of jurisdiction. Respectfully submitted, By: 1*'-7 Z-- Vincent R. Mazeski Assistant Counsel Attorney I.D. No. PA73795 Pennsylvania Department of Corrections Office of Chief Counsel 1920.Technology Parkway Mechanicsburg, PA 17050 (717) 728-7763 Fax No.: (717) 728-0307 Email: vmazeski @pa.gov Dated: August 14, 2013 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, V. NO. 2013-4029 Civil JEFFREY BEARD, et al., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. Mail a true and correct copy of the foregoing DOC Defendants' Motion to Transfer to be served upon the following person(s) in the above-captioned matter. Service by first-class mail addressed as follows: David R. Jacquette David R. Zaslow Counsel for Plaintiff Counsel for PHS Morris and Clemm, PC White and Williams, LLP Plymouth Woods Office Center 1650 Market Street 527 Plymouth Road, Suite 416 One Liberty Place, Suite 1800 Plymouth Meeting, PA 19462-1641 Philadelphia, PA 19103-7395 Mary Warner Legal Assistant Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 (7 17) 728-7763 Dated: August 14, 2013 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WALTER CHRUBY, Plaintiff, V. NO. 2013-4029 Civil JEFFREY BEARD, et al., Defendants ORDER AND NOW, this z 2' day of _�/ w 2013, upon consideration of the DOC Defendants' Motion to Transfer, it is hereby ORDERED that the Motion is GRANTED. This action is hereby transferred to the BY THE OURT: J. c _ Col t4 XCD . o. A", U . P22 zFs kt $/� -/13 3' i 0{i e tJt•y1i y" Z;I ALIG 23 AH 11: 31 CWIBERL.A, _ MORRIS AND CLEMM, P.C. PEN.PjS y�VA NIA Robert F. Morris, Esquire Attorney I.D.No. 22706 David R. Jacquette, Esquire Attorney I. D. No. 309586 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 (610) 825-0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW WALTER CHRUBY No. 2013-04029 V. JEFFREY BEARD, et al. PLAINTIFF'S ANSWER TO MOTION TO TRANSFER OF DEFENDANT DEPARTMENT OF CORRECTIONS AND NOW, comes Plaintiff, Walter Chruby, by and through his counsel Morris and Clemm, P.C., and hereby responds to Motion to Transfer of Defendant Department of Corrections ("DOC") as follows: 1. Admitted. . 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied as stated. Plaintiff has willingly accepted the determination of the Court of Common Pleas of Dauphin County which held that proper venue for the instant civil action is in Cumberland County. As both defendants DOC and Prison Health Services ("PHS") have local offices in Cumberland County and conduct business in Cumberland County, Plaintiff agrees with the Court of Common Pleas of Dauphin County that Cumberland County is the proper venue. 15. Denied as a conclusion of law to which no response is required. By way of further response, pursuant to the 2007 Settlement Agreement which the instant action arises from, it was the intention of all parties for disputes arising from the 2007 Settlement Agreement to be determined by the federal courts. Therefore, Defendant DOC is now estopped from asserting that jurisdiction over the instant claims lies with the Board of Claims. Furthermore, the Board of Claims has no jurisdiction over claims against PHS, a defendant in this action. 16. Denied as a conclusion of law to which no response is required. 17. Denied as a conclusion of law to which no response is required. 18. Denied as a conclusion of law to which no response is required. 2 19. Denied as a conclusion of law to which no response is required. By way of further response, the Central Office of DOC is located in Cumberland County, Pennsylvania. While the national headquarters of PHS is located in Brentwood, Tennessee, PHS has its main Pennsylvania office in Cumberland County, located at 872 Poplar Church Road, Camp Hill, PA 17001 and conducts business in Cumberland County. 20. Denied. Plaintiff is not aware of the legal position of PHS in relation to the instant Motion. WHEREFORE, plaintiff Walter Chruby respectfully requests this Honorable Court to enter an Order denying the Motion to Transfer of Defendant Department of Corrections. MORRIS AND CLEMM, P.C. Dated: C9 By: SRob;ert . Mo 's, Esqu e David R. Jac uette, E ui Attorneys for intif S:/work/rfm/chruby/pleadings-cumberland/answer motion to transfer 13.08.21 3 MORRIS AND CLEMM, P.C. Robert F. Morris, Esquire ?1MAUG23 Attorney I.D. No. 22706 lot David R. Jacquette, Esquire C'jMBERLAND COUNTY Attorney I. D. No. 309586 PENNSYLVANIA 527 Plymouth Road, Suite 416 Plymouth Meeting, PA 19462 (610) 825-0500 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW WALTER CHRUBY No. 2013-04029 V. JEFFREY BEARD, et al. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiffs Answer to Motion to Transfer of Defendant Department of Corrections was served on this date by United States First Class Mail,postage prepaid,to the following: Vincent R. Mazeski,Esquire Assistant Counsel Pennsylvania Department of Corrections Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 David R. Zaslow, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 MORRIS AND CLEMM,P.C. Dated: August 21, 2013 By: David R. Jacque ,. Es ire tiff �� C& Attorney for Plai K iff X—)