The URL can be used to link to this page

Home My WebLink About05-0104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :ANAST ASIUS O. PETER, M.D. :and SUSQUEHANNA SURGEONS, LTD. :532 North Front Street :Wormleysburg, PA 17043 LORI CRISE and BRAD CRISE, Husband and Wife, :HOL Y SPIRIT HOSPITAL :Camp Hill, PA 17011, Defendants No.O~ - ICY! _Cio~L~~ : Civil Action - Law : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. x Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff 4~:11i~ April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 Supreme Court ID No. 46728 (717) 234-4161 Name/Address/Telephone No. of Attorney Date: 0/~~ 117225,1 " \ ):)~ ~ U'l ~ ~ CI\ ""- o.v l/1 ~ - D -..0 ~-J 9J ~ P- ~ n f'"o-,) = 0 r- C..:::1 <.;.11 ,I " '- --I .' :".;t~ -r , " . z fil~ ,," .' -nrri .' I -. I :0''7 eJ'. ',) ~~~: ~.C) -V -.,-! .-?, -"" {~~ ~r5 (..) '-3rt"! ~ .-.... "",,1 ~] '.~. c::> ~lJ ..... ~-~ 8 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS LORI CRISE AND BRAD CRISE Plaintiff Court of Common Pleas Vs. No. 05-104 CIVIL TERM In CivilAction-Law ANAST ASIUS O. PETER, M.D. AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 HOLY SPIRIT HOSPITAL CAMP HILL, P A 17011 Defendant To ANASTASIUS O. PETER, M.D. AND SUSQUEHANNA SURGEONS LTD. AND HOLY SPIRIT HOSPITAL You are hereby notified that LORI CRISE AND BRAD CRISE the Plaintiff has I have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date JANUARY 6, 2005 CURTIS R. LONG Prothonotary ~y 4a".; _P.7rf~ Deputy / C- Attorney: Name: APRIL L. STRANG-KUTAY, ESQUIRE Address: GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O.BOX 1268 HARRISBURG, PA 17108-1268 Attorney for: Plaintiff Telephone: 717-234-4161 Supreme Court ill No. 46728 LORI CRISE and BRAD CRISE Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-104 CIVIL PETER O. ANAST ASIUS, MD; SUSQUEHANNA SURGEONS, L TD; HOLY SPIRIT HOSPITAL. MEDICAL MALPRACTICE Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendant, Holy Spirit Hospital with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: February 4, 2005 -- 1') By: '" Wilbur c oy Otto, Esquire Supreme Court. LD. #01524 Two PPO Place, Suite 400 Pittsburgh, P A 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Hospital I -..1 ;-, " MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa. Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com (717) 651-3500 Attorneys {or De{endant, Anastasius 0. Peter, MD. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v, NO. 05-104 CIVIL TERM ANAST AS IUS O. PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, PA 17011 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Anastasius 0, Peter, M.D. only in the above referenced matter. DATE: ~,. 'i( 'ZOO~ BY: Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~~~ MICHAEL D. PIPA, E~IRE PA LD. NO.: 53624 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3515 Attorneys for Defendant,Anastasius 0. Peter, MD, 11'(0 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa. Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3500 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVIL TERM ANAST ASIUS 0, PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD, 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMPHILL,PA 17011 CERTIFICATION OF SERVICE I hereby certifY that I have served upon all parties listed below a true and correct copy of Entry of Appearance in the above-captioned matter this date by regular mail. April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.c. p, O. Box 1268 Harrisburg, P A Susquehanna Smgeons, LTD 532 Nonh Front Street Wonnleyburg, PA 17043 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN DATE: F-J-, L{r 1{JOC; BY:~ MICHAEL D. PIPA, E Q Attorneys for Defendant, Anastasius 0, Peter. M.D, ..------ -'-1 ~-"'J ,..,1" I ,_.' - , {",J C;l - . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVlL TERM ANASTASIUS 0, PETER, M,D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG. PA 17043 IN CIVIL ACTION - LA W HOLY SPIRIT HOSPITAL CAMP HILL, PA 1701 I PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue Rule upon Plaintiff, Lori Crise and Brad Crise. to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. RespectfuUy submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MICHAEL D, P Attorney 1.D. No. 5362 4200 Crums Mill Road, Suite B Harrisburg, PA 171 12 (717) 651-35]5 Attorneys jar Defendant, Anastasius 0. Peter. M.D MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No, 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO, 05-104 CIVIL TERM ANASTASIUS O. PETER. M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, PA 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, PA 1701 I CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman. P.c. P. 0, Box 1268 Harrisburg, P A Susquehanna Surgeons, LTD 532 North Front Street W ormleyburg, P A 17043 Holy Spirit Hospital 503 N. 21st St. Camp Hill, PA 17011 DATE: ~4.rc2. II;;' 005 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: MICHAEL D. PIP A, ES Attorneys for Defendant. Anastasius 0. Peter, MD. - RULE TO FILE COMPLAINT AND NOW, this 9~ay of ~ 2005, a Rule is entered upon Plaintiff to file a Complaint. (l,.ai:.,0 t:2 ~. PROTHONOT At{'y , . . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRISE LORI ET AL VS PETER ANASTASIUS 0 MD ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS HOLY SPIRIT HOSPITAL DEFENDANT was served upon the , at 1634:00 HOURS, on the lOth day of January 2005 at 210 SENATE AVENUE CAMP HILL, PA 17011 FRAN CHARNEY, DIRECTOR, 3RD FLOOR by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 11.10 .00 10.00 .00 27.10 Sworn and Subscribed to before me this d'f Ie, day of l;A'''~';( ..J.M!'; A.D. l..... j,."".<~ (1 n~..../ A O-"'J. # {Prothonotary , 7 / So Answers: ..-/"J / .~~ rW~'~4.('./:..e~ R. Thomas Kline 01/11/2005 GOLDBERG KATZMAN By: "' // ~ /1 A4>/! /~ JPl v DepUj Sfieri'f fj -. SHERIFF'S RETURN - REGULAR CASE NO: 2005-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRISE LORI ET AL VS PETER ANASTASIUS 0 MD ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania. who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUSQUEHANNA SURGEONS LTD the DEFENDANT , at 1625:00 HOURS, on the lOth day of January 2005 at 532 NORTH FRONT STREET WORLEYSBURG, PA 17043 by handing to TOM CALLAHAN, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ,r'~~~<~ R. Thomas Kline 01/11/2005 GOLDBERG KATZMAN Sworn and Subscribed to before By: ---~/ 7/, ,;7 , (k."I j/ Dep t Sherif/ me this .2 <I >e day of , LkAAd "(' :J ()tJ )/ A. D. I . \ IJ<[,", () !h" io,. -r ~""1f 'I rothonotary '. SH5RIFF'S RETURN - REGULAR CASE NO: 2005-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRISE LORI ET AL VS PETER ANASTASIUS 0 MD ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PETER ANASTASIUS 0 M D the DEFENDANT at 1625:00 HOURS, on the lOth day of January 2005 at 532 NORTH FRONT STREET WORLEYSBURG. PA 17043 by handing to TOM CALLAHAN, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 ?"~~ R. Thomas Kline 01/11/2005 GOLDBERG KATZMAN Sworn and Subscribed to before By, 7-4-1;0/ e(.' me this "'I - day of IaAW"! cJ{JtJ5' A.D. I ,--, \. t~, f2 'nt,;~</ ~ ! P othonotary . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs :ANASTASIUS 0, PETER, M.D, :and SUSQUEHANNA SURGEONS, LTD. :532 North Front Street :Wormleysburg, PA 17043 LORI CRISE and BRAD CRISE, Husband and Wife, :HOL Y SPIRIT HOSPlT AL :Camp Hill, PA 170Il, Defendants No. 05-104 Civil Action - Law : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-366 or 1-800-990-9108 NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona, Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE. SI NO TlENE ABOGADO 0 SINO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-366 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs :ANASTASIUS O. PETER, M.D. :and SUSQUEHANNA SURGEONS, LTD. :532 North Front Street :Worrnleysburg, PA 17043 LORI CRISE and BRAD CRISE, Husband and Wife, :HOL Y SPIRIT HOSPITAL :Camp Hill, PA 17011, Defendants No. 05-104 Civil Action - Law : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Lori Crise, and her husband, Brad Crise, by and through their attorneys, Goldberg, Katzman, P.c., who respectfully represent as follows: I. That the Plaintiffs are adult individuals, living and residing in Mt. Holly Springs, Cumberland County. Pennsylvania. 2. That the Defendant, Anastasius Peter, M.D. (hereinafter referred to as "Dr. Peter"), is a physician licensed to practice medicine in the Commonwealth of Pennsylvania, with his business office at North Front Street, Wormleysburg, Cumberland County, Pennsylvania. 3. That the Defendant, Holy Spirit Hospital, is a Pennsylvania hospital located in Camp Hill, Cumberland County, Pennsylvania. 4, That the Defendant, Susquehanna Surgeons, is a professional medical group located at North Front Street, Worrnleysburg, Cumberland County, Pennsylvania. 5, That on January 21,2003, Lori Crise (hereinafter Plaintiff), then 37 years of age, was seen in the Emergency Department at Carlisle Hospital for diffuse abdominal pain. She was examined and laboratory studies were inconclusive, resulting in a diagnosis of "irritable bowel syndrome," whereupon she was sent home with advice to return if symptoms worsened. 6. On January 22, 2003, Plaintiff was seen by her family physician since she was now running a fever of 100.9 with continued diffuse abdominal pain. Tests were ordered to determine the cause of her symptoms. 7. On January 23,2003, Plaintiff was seen at the Emergency Department of Holy Spirit Hospital for a CT scan, with a finding of appendicitis and probable perforation of the appendix. On the same day, she was taken to the operating room for a laparoscopic appendectomy by Dr. Brown of Susquehanna Surgeons, with finding of an acute suppurative appendix. A drain was placed at the time of surgery. On January 25, 2003, Dr. Peter discontinued her drain and discharged her, with a plan to see her in fo !low up in 10-14 days. 8. On January 28, 2003, Plaintiff contacted Susquehanna Surgeons to inquire about taking a stool softener; on February 3, 2003, Plaintiff contacted Susquehanna Surgeons again concerning her abdominal symptoms; on February 5, 2003, Plaintiff contacted Susquehanna Surgeons concerning worsening abdominal and rib pain; on February 7, 2003, Plaintiff again contacted Susquehanna Surgeons and was, on this occasion, seen by Susquehanna Surgeons for her complaints of bladder pressure and pain and, as a result of that visit, she was placed on the antibiotic Cipro for a presumed bladder infection. 2 9. On or about February 9, 2003, Plaintiff was seen by her family physician; she was now running a temperature of 103,3; she reported that she had an elevated temperature for the past two weeks, with additional symptoms of dysuria and frequency. 10. On February 11,2003, Plaintiff was seen at Holy Spirit Hospital for another CT scan, which revealed a large abdominal abscess, which was evaluated by Dr. Graf of Susquehanna Surgeons, Dr. Graf determined that the Plaintiff was now septic, and that the abscess was not amenable to conservative care, including percutaneous drainage. Another surgery was quickly undertaken, this time requiring a colon resection, a colostomy, followed by additional percutaneous drainage procedures and a surgery in May 2003 to reverse the colostomy, COUNT I - NEGLIGENCE Lori Crise vs. Anastasius Peter. M.D. II, Paragraphs 1 through 10 above are incorporated herein by reference. 12. That Dr. Peter was negligent and careless in the medical treatment of Lori Crise in that he: (a) Failed to appreciate the Plaintiffs gradual development of abdominal pain and fever, leading up to her surgery by Dr. Brown on January 23, 2003, when periappendicular inflammation was apparent; (b) Failed to appreciate the pathology of the appendix, which had been inflamed and symptomatic for at least three days, and which was 3 observed at the time of surgery to be suppurative with a disrupted- appearing distal portion accompanied by the peri appendicular inflammation reported on the pre-operative CT; c) Failed to thoroughly examine and evaluate Plaintiff at the February 7,2003 appointment, in order to make an accurate diagnosis of the intra-abdominal abscess which had developed; (d) Failed to treat the intra-abdominal abscess on February 7, 2003, exposing Plaintiff to increased risk ofhann from the continued intra-abdominal infection which, if diagnosed early, could have been treated less invasively, with a probable better outcome. 13 That as a result of Dr. Peter's conduct as described above, related to the period of treatment provided in January and February, 2003, wife-Plaintiff was exposed to an increased risk that her appendicitis would result in serious complications, which complications did, in fact, ensue. 14, That as a result of Dr. Peter's conduct as described above, wife-Plaintiff has been caused to incur additional medical expenses and may incur future medical expenses in relation to continued treatment for complications associated with her intra-abdominal infection/abscess and the complications which ensued. IS. That as a result of Dr. Peter's conduct as described above, Plaintiffs have lost income, 16. That as a result of Dr. Peter's conduct as described above, wife- Plaintiff has sustained abdominal dysfunction which will be permanent. 4 17. That as a result of Dr. Peter's conduct as described above, wife-Plaintiff was exposed to the increased risk of requiring further hospitalizations, colostomy, and surgery, which risk materialized with wife-Plaintiff requiring re-hospitalizations. 18, That as a result of Dr. Peter's conduct as described above, wife-Plaintiff has been caused to sustain, and will in the future continue to sustain scars, pain, suffering, inconvenience, emotional distress and depression, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff, Lori Crise, demands judgment in her favor and against Defendant, Dr.Peter, for a sum in excess of $35,000, together with interest and costs. COUNT II - NEGLIGENCE Lori Crise vs Holy Snirit Hospital 19. Paragraphs 1 through 18 above are incorporated herein by reference. 20, That Holy Spirit Hospital was negligent and careless in the medical treatment of Plaintiff in that it: (a) Failed, through its employees, servants and/or agents, to continue the treatment for the peri-appendicular inflammation which existed at the time of her appendectomy; (b) Prematurely discharged wife-Plaintiff who had suffered a disrupted distal appendix, prior to the conclusion of treatment for the intra-abdominal inflammation which had been identified both on CT, and, again, during the surgery of January 23, 2003. 5 21, That as a result of Defendant 's conduct as described above, wife-Plaintiff was exposed to an increased risk that her appendicitis would result in serious complications, which complications did, in fact, ensue. 22. That as a result of Defendant's conduct as described above, wife-Plaintiff has been caused to incur additional medical expenses and may incur future medical expenses in relation to continued treatment for complications associated with her colostomy and intra-abdominal abscess and the complications which ensued from this delay in treatment, 23. That as a result of Defendant' s conduct as described above, Plaintiffs have lost wages, 24. That as a result of Defendant's conduct as described above, wife-Plaintiff may have sustained a diminution in future wage compensation. 25, That as a result of Defendant's conduct as described above, wife-Plaintiff was exposed to the increased risk of requiring further surgeries, a colostomy, and an extensive and costly additional hospitalizations and treatments, which risk materialized with wife-Plaintiff requiring further treatment and re-hospitalizations in 2003. 26. That as a result of Defendant's conduct as described above, wife-Plaintiff has been caused to sustain, and will in the future continue to sustain scars, pain, suffering, inconvenience, emotional distress, embarrassment and loss oflife's pleasures. WHEREFORE, Plaintiff, Lori Crise, demands judgment in her favor and against Defendant, Holy Spirit Hospital, for a sum in excess of $35,000, together with interest and costs. 6 COUNT III - NEGLIGENCE Lori Crise vs. Susquehanna Sur!!:eons 27. Paragraphs I through 26 above are incorporated herein by reference. 28. That Susquehanna Surgeons were negligent and careless in the medical treatment of Lori Crise in that this Defendant, and its employees: (a) Failed to appreciate the Plaintiff's gradual development of abdominal pain and fever, leading up to her surgery on January 23, 2003, when periappendicular inflammation was apparent; (b) Failed to appreciate the pathology of the appendix, which had been inflamed and symptomatic, and which was suppurative with a disrupted-appearing distal portion and periappendicular inflammation on the pre-operative CT and pathology report; c) Failed to thoroughly examine and communicate among their group (specifically the physicians who had handled her surgery and care) at the evaluation of the Plaintiff on the February 7,2003, which resulted in failure to diagnose the intra-abdominal abscess which had developed as a consequence of the continued inflammation; (d) Failed to treat the intra-abdominal abscess on February 7, 2003, exposing Plaintiff to increased risk of harm from the 7 continued intra-abdominal infection which, if diagnosed early, could have been treated without surgery. 29. That as a result of Dr. Peter's conduct as described above, related to the period of treatment provided in January and February, 2003, wife-Plaintiff was exposed to an increased risk that her appendicitis would result in serious complications, which complications did, in fact, ensue, 30. That as a result of Susquehanna Surgeons' conduct as described above, wife- Plaintiff has been caused to incur additional medical expenses and may incur future medical expenses in relation to continued treatment for complications associated with her intra-abdominal infection/abscess and the complications which ensued. 31. That as a result of Susquehanna Surgeons' conduct as described above, Plaintiffs have lost income. 32. That as a result of Susquehanna Surgeons' conduct as described above, wife- Plaintiff has sustained abdominal dysfunction which will be permanent. 33. That as a result of Susquehanna Surgeons' conduct as described above, wife- Plaintiff was exposed to the increased risk of requiring further hospitalizations, colostomy, and surgery, which risk materialized with Plaintiff requiring re-hospitalizations, 34. That as a result of Susquehanna Surgeons' conduct as described above, wife- Plaintiff has been caused to sustain, and will in the future continue to sustain scars, pain, suffering, inconvenience, emotional distress and depression, embarrassment and loss oflife's pleasures, 8 WHEREFORE, Plaintiff, Lori Crise, demands judgment in her favor and against Defendant, Susquehanna Surgeons, for a sum in excess of $35,000, together with interest and costs. COUNT IV- LOSS OF CONSORTIUM Brad Crise vs. Dr. Peter. Susauehanna Surl!eons and Holy Spirit Hospital 35. Paragraphs I through 34 are incorporated herein by reference, 36. That as a result or Defendants' negligent conduct as noted above. husband/plaintiff has sustained damages as a result of the loss of services, guidance, companionship, society, affection and consortium of his wife. WHEREFORE, Plaintiffs request judgment in their favor and against Defendants for a sum in excess of Thirty-Five Thousand Dollars ($35,000), together with interest and cost of suit. Respectfully submitted: Date: 'i!II!O~ \19824,1 9 VERIFICATION I, April L. Strang-Kutay, Esquire, hereby acknowledge that I am the attorney for Plaintiffs; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Plaintiffs' Verifications are unavailable at present, but will be filed with the Court when they become available. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Respectfully submitted, GOLDBERG KATZMAN, P.c. ~A By: April L. rang-Kutay, Esquire Attorney I.D, No. 46728 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: 'l/uI,;- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, 4 c '\ . i 1 ~ [--- Pennsylvania, on" )''/;1 !Yj ,..Jr:r ) J Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 GOLDBERG KATZMAN, P.C. Glenda J. Ebers e, Legal Secretary to April L. Strang-Kutay, Esquire n ~ ( ',7 c;'" ;: . . :. ..~ r<> .-'~: ---J -r' -."" ".-V q :::;1 j ~: \ - f"'::' -0 n c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I10RI CRISE AND IIlRAD CRISE. Plaintiffs COURT OF COMMON PLEAS v, NO. 05-104 CIVIL TERM 4.NASTASlUS 0, PETER, M.D., AND $USQUEHANNA SURGEONS, LTD. IN CIVIL ACTION - LAW ~32 NORTH FRONT STREET o/ORMLEYSBURG, P A 17043 I 40L Y SPIRIT HOSPITAL lAMP HILL, PA 17011 I PRELIMINARY OBJECTIONS OF DEFENDANTS ANASTASIUS O. PETER, M.D. AND SUSOUEHANNA SURGEONS, LTD. TO PLAINTIFFS' COMPLAINT I I I AND NOW, come Defendants Anastasius O. Peter, M.D. and Susquehanna Surgeons, Jtd., by and thru there attorneys, and respectfully submit the following Preliminary Objections to I ~Iaintiffs' Complaint: I , I. This action was commenced by the filing of a Praecipe for a Writ of Summons, 2. Thereafter, the moving Defendants, Dr. Peter and Susquehanna Surgeons, asked tlkis Court to issue Rule requiring the Plaintiffs to file Complaint. I , I 3, Plaintiffs recently filed their Complaint, which consists ofthree Counts, one I a~ainst each named Defendant. , , 4. This is a medical professional liability action arising out of a procedure known as , allaparoscoPic appendectomy, which was performed on January 23, 2003, and the follow up , cfurse of medical treatment and care. I . 5, According to the Complaint, Plaintiff Lori Crise was discharged two days following the appendectomy by Dr. Peter of Susquehanna Surgeons, 6. Further, Plaintiffs allege that the Plaintiff Lori Crise contacted Susquehanna Surgeons on several occasions and was ultimately seen again on February 7, 2003, by Dr. Peter. 7. Dr. Peter is the only physician identified in the Complaint. 8. The claims against Dr. Peter are detailed in Count I of the Complaint, entitled ':Negligence." 9. The claims against Susquehanna Surgeons are similarly detailed in Count III of t~e Complaint, also entitled "Negligence." 10. At the close of both Counts I and III, Plaintiffs allege that, as a result of the 90nduct of the Defendants, "Plaintiffs have lost income." Complaints paragraphs 15 and 31. I ! II. Moreover, in Count III, Plaintiffs attempt to state a direct claim of negligence , , <jgainst the physician group, Susquehanna Surgeons, 12. The moving Defendants respectfully submit that the claim for lost income of i ~laintiffBrad Crise, the allegedly injured patient's husband, and the attempted direct claim of nlegligence against the physician group, should be stricken from the Complaint. LEGAL INSUFFICIENCY OF THE CLAIM FOR LOST WAGES PURSUANT TO PA.R.C.P. 1028(a)(4) 13. The Complaint arises out of medical treatment and care received by Lori Crise , ~d contains allegations that Plaintiff Lori Crise suffered physical injuries as a result of the ajleged negligence. 14. Count N, titled "Loss of Consortium," a claim is stated on behalf of Plaintiff of Lori Crise's husband, Plaintiff Brad Crise, for the loss of services, guidance, companionship, s~ciety, affection, and consortium of his wife, Complaint paragraph 36. 2 15. In addition, however, in both Counts I and III, claims of negligence on behalf of tori Crise against Dr. Peter and Susquehanna Surgeons, respectfully, Plaintiffs claim that as a , ~esu\t of the alleged negligent conduct in this case "Plaintiffs have lost income." 16. Pennsylvania law does not allow for the recovery of alleged lost wages or lost i~come of the spouse of an injured Plaintiff. 17. Defendants therefore respectfully submit that the claim for lost income on behalf i Jfboth Plaintiffs should be stricken from both paragraphs 15 and 31 of Plaintiffs' Complaint. WHEREFORE, the moving Defendants respectfully request this Court grant their tbjection for Legal Insufficiency and enter an Order dismissing the claim for lost income on ~ehalf of Plaintiff Brad Crise, with prejudice, I LEGAL INSUFFICIENCY OF COUNT III PURSUANT TO RULE l028(a)(4) 18. Based upon the allegations of Plaintiffs' Complaint, it is clear that this case arises ut of treatment and care provided by Dr. Peter of Susquehanna Surgeons to Plaintiff Lori Crise om January 23 through February 7.2003, 19. In Count I, Plaintiffs attempt to state a claim of negligence on the part of Dr. Beter. 20. No other physician or staff member of Susquehanna Surgeons is specifically itentified in the Complaint. 3 21. Although Plaintiffs allege that Dr. Peter and other unnamed persons treated Plaintiff Lori Crise in the course and scope of their employment with Susquehanna Surgeons, l>1aintiffs have not included in the Complaint a claim against Susquehanna Surgeons based upon i hcarious liability for the acts of its agents or employees. 22. Instead, in Count III of the Complaint, Plaintiffs attempt to state a direct claim of begligence against Susquehanna Surgeons, the physician practice group. 23. Under the circumstances of this case as alleged in the Complaint. and as stated in fount III. there is no basis in Pennsylvania law for a direct claim against the physician practice frouP' 22. Defendant Susquehanna Surgeons therefore respectfully submits that Count III I tust be dismissed, with prejudice, from Plaintiffs' Complaint. ! WHEREFORE, Defendant Susquehanna Surgeons Ltd. respectfully requests that this i four! grant its objection for legal insufficiency and enter an Order dismissing Count III from the fomPlaint, with prejudice. ! Respectfully submitted, I MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN MICHAEL D. PIP A, ES P A 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 BY: /j~ Attorneys for Defendants Anastasius 0, Peter, M.D. Susquehanna Surgeons, LId, ~ate: May 3, 2005 4 COMMONWEALTH OF PENNSYL V AN IA COUNTY OF CUMBERLAND Il-ORI CRISE AND $RAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. J.,NASTASIUS O. PETER, M.D., AND SUSQUEHANNA SURGEONS, LTD. ~32 NORTH FRONT STREET 'i\'ORMLEYSBURG, P A 17043 NO. 05-104 CIVIL TERM IN CIVIL ACTION - LAW , i mOLY SPIRIT HOSPITAL 1AMP HILL, PA 1701 I i CERTIFICATE OF SERVICE I I I, Michael D. Pipa, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do ~erebY certify that on May 3,2005, served a copy of the Preliminary Objections to Plaintiffs' ~omPlaint via First Class United States mail, postage prepaid as follows: I I April L. Strang-Kutay, Esquire dOLDBERG, KATZMAN, P.C. 320 Market Street pbst Office Box 1268 Harrisburg, PA 17108-1268 Wilbur McCoy Otto, Esquire Dickie, McCamey & Chilcote 2 TPG Place, Suite 400 Pittsburg, PA 15222 IOl_AIl.IABIMEPII.I.PGI183936IKPMI01012100132 ,", ....., C,",::! .,__:';:"J ,-J"' ~l~ .;,.,.. -4: J U1 C) -" --j -,- -rl .. 'r-~ '" U} - co w :~J (,..) .< DICKIE, MCCAMEY & CHILCOTE, P.c. BY: FRANCIS E. MARSHALL, JR., ES'~UlRE ATTORNEY ID. NO.27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA LORI CRISE and BRAD CRISE, Husband and Wife, PLAINTIFFS vs. NO. 05-104 ANASTASIUS O. PETER, M.D., SUSQUEHANNA SURGEONS, LTD., AND HOLY SPIRIT HOSPITAL, CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION DEFENDANTS JURY TRIAL DEMANDED El\TRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M. Chairs, Esquire on behalf of Defendant, Holy Spirit Hospital with respect to the above-captioned matter. Respectfully submitted, Date: May 17, 2005 DICKIE, MCCAMEY ~ yHiiCOTE, P.c. I ';j I ,-f""f , /.l (/ ./ By: Fr Cis . Marshall, Jr., Esqm e Supreme Court 1. D. #27594 Thomas M. Chairs, Esquire Supreme Court 1.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 (Attorney for Defendants, Holy Spirit Hospital) CERTIFICATE OF SERVICE AND NOW, this 17'h day of May, 2005, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Bv First-Class Mail: April L. Strong-Kutay, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (Counsel for Plaintiffs) Michael D. Pipa, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (Counsel for Anastasius 0, Peter, M,D. and Susquehanna Surgeons, L TD) /~ ~,;"/ ~ill, /h / 1?J ,,'/'C. '------- / ,i l' -- / ,/ C L'Thomas M. Chairs ------ , .._\ -, " '- l~ ., .' r,.j - APRIL L. STRANG-KUTA Y. ESQUIRE LD, #46728 GOLDBERG, KATZMAN P.C. 320 Market Street p, 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA LORI CRISE and BRAD CRISE, :ANASTASIUS O. PETER, M.D. Husband and Wife, :and SUSQUEHANNA SURGEONS, L TD, Plaintiffs :532 North Front Street :Wormleysburg, PA 17043 :HOL Y SPIRIT HOSPITAL :Camp Hill, PA 17011, Defendants No. 05-104 : Civil Action - Law : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO ANASTASIUS O. PETER, M.D. AND SUSOUEHANNA SURGEONS,LTD I, April L. Strang-Kutay, Esquire, certify that: ~ an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct increased the risk of harm or was a cause in bringing about the harm; OR - o the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR o expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: sIc/Ips I I 122537.1 , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, pennSYIVania,on~~ I) D)()(Y5: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 GOLDBERG KATZMAN, P.C. BY: ~A~/7 t&Aa4 lenda J. Eber~ Legal Secretary to April L. Strang-Kutay, Esquire C) L t') '-(\ .-, -)~ --' ;.,,\ ~ , -- {~,,) -- ( " DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO.27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, P A 17011 (717)731-4800 (Tele) (717) 731-4803 (Fax) ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL LORI CRISE and BRAD CRISE, Hnsband and Wife, PLAINTIFFS vs. ANASTASIUS O. PETER, M.D., SUSQUEHANNA SURGEONS, LTD., AND HOLY SPIRIT HOSPITAL, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-104 CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY OF CUMBERLAND: Please enter Judgment of Non Pros against Plaintiffs, Lori Crise and Brad Crise, in the professional liability claim against Holy Spirit Hospital in the above-captioned matter. I the undersigned, certify that the Plaintiffs named above have asserted a professional liability claim against Defendant, Holy Spirit Hospital, named above, which is a licensed professional, that no Certificate of Merit has been filed within the time required by P.A. R.C.P. 1042.3 and that there is no motion to extend the time for filing the Certificate pending before the Court. Respectfully submitted, Date: June 14, 2005 By: .~~--} ((J~ [t C {~OvV~ Thomas M. Chairs, Esquire Supreme Court LD. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, P A 17011 Phone 717-731-4800 Counsel to Defendant, Holy Spirit Hospital ~ ~ '- s;. ~ .- ;- -po ::> s~~, :2 Q. ::t-n fnp -0 (T1 -pc? f~3l:' ~:g tsH1 ~_A ,~ ~ ..p, I" 0" ( " CERTIFICATE OF SERVICE I, Thomas M. Chairs, Esquire, hereby certify that I am this 14th day of June, serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: April L. Strong-Kutay, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel for Plaintiffi) Michael D. Pipa, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (Counsel for Anastasius 0. Peter, MD. and Susquehanna Surgeons, LTD) Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.e. By: L'~)Cv~j 0t '" Ct/bv1/~ Francis E. Marshall, Jr., Esquire Supreme Court 1. D. #27594 Thomas M. Chairs, Esquire Supreme Court 1.D. #78565 1200 Camp Hill Bypass, Suite 205 CampHill,PA 17011-3700 (717) 731-4800 (Attorney for Defendant, Holy Spirit Hospital) ~. . - \ ~ "'tJ , ~ ~ V\ ~ ~ t ,..., = (;:::) cJ' <-. c~ -.- ..-;- ~ ..... :t--n rnp :9,q ~ {:~o c:._~\ ("'::.. ';Y' ".;c--'./Q ::.c '-I" ~~ 'f? A~ f') ~ 0' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVIL TERM ANAST ASlUS O. PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, P A 17011 STIPULATION OF THE PARTIES AND COUNSEL TO SUBSTITUTE It is hereby stipulated by the parties, acting through counsel who certify that they have the authority to act on behalf ofthe parties, as follows: I. The Heritage Medical Group is substituted as a defendant in this matter in place of Susquehanna Surgeons, Ltd. in the above-captioned action. 2. Heritage Medical Group maintained professional liability insurance providing coverage for Heritage Medical Group arising out of the acts and/or omissions of persons for whose acts or omissions Heritage Medical Group is legally responsible; such coverage is effective, in pertinent part, for the period March 1,2002 through March 1, 2003 (Policy #42925) and includes coverage for Heritage Medical Group arising out of the allegations set forth in the plaintiff's complaint against Anastasius O. Peter, M.D. 3. Susquehanna Surgeons, Ltd. is dismissed with prejudice as a defendant in the above- captioned action upon the substitution of the Heritage Medical Group. 4. The above caption will be amended to reflect the substitution of the Heritage Medical 7;:i.~di=i"~lOfS~U--SWgOOM~ H If: Date / / / A~ trang-Kutay, squire / Attorneys for Plaintiff Q/r3/0> Date { ( Michael D. Pipa, Esquir Attorneys for Anastasius O. Peter, M.D., and Heritage Medical Group Q ~ 1!'-'";:. -;) (~. \n~.1,-i '-/ >,., ~~;. l:'r~)- , f?;L ""- ':~;;IL'::~ yc ~ N ~ '-" % --0 I'" f'.> ~ o -n :'f.:,g ! 'rTI -0..0 ..;''' .L S~~ ~?i ~r-l1 'I~~~ B ."-\ '" -3: -0 ::J' r:-? U> - - v\ COMMONWEALTH OF PENNSYLVANIA RC'CE"":-r, 0"0 q e -om: ... ,'~..J~~,. '., COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVIL TERM ANASTASlUS O. PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, PA 17011 ORDER AND NOW, this '.10' dayof s:y~ , 2005, upon consideration ofthe attached Stipulation of the Parties and Counsel to Substitute, it is hereby ORDERED that the Heritage Medical Group is substituted as a Defendant in this matter in place of Susquehanna Surgeons, Ltd., and the Prothonotary is directed to amend the caption to reflect this substitution. /lJ. J. . if f . .J- iUJ j~ - , F f> ...D I- "" o (> '-\ ) L 0 :01 ~j~ or: d3S SOUl 'l:l\'l('" "ro" I ~"l '0 ^ " ..:,Ii ii.-' 'i ',,-,~ ~l'-l ... ,;' ~>..,Ii IJ...'..((....'~ ....1 I ".; 3::lH:iO-G3ll::l .... , .. -.. .. ; r---. ;-\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVIL TERM ANASTASIUS O. PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, PA 17043 IN CNlL ACTION - LAW HOLY SPIRIT HOSPITAL CAMPHILL,PA 17011 STIPULATION TO RESOLVE PRELIMINARY OBJECTIONS OF DEFENDANTS OF ANASTASIUS O. PETER. M.D. AND SUSOUEHANNA SURGEONS. LTD. It is hereby stipulated by Plaintiffs and Defendants Anastasius O. Peter, M.D. and Susquehanna Surgeons, Ltd., acting through counsel who certify that they have the authority to act on behalf of the parties, as follows: 1. In response to Plaintiffs' Complaint, Defendants filed Preliminary Objections, and the Plaintiffs and Moving Defendants now desire to resolve those objections by Stipulation. 2. The parties agree that Paragraphs 1.5 and 31 of the Plaintiffs' Complaint, the claim of "Plaintiffs" for lost income will be changed to the claim of "Plaintiff Lori Crise" for lost income and it is agreed that Plaintiff Brett Crise is not seeking to recover for lost income. 3. The parties agree that Paragraphs 15 and 31 of the Complaint are hereby amended as noted above. 9S0-j rOO/EOO'd 6l6-1 6rSllEWU A3H3NN3Q llVHS~Vn-WOjj rE: Ll 900l-0HO .~ ../ -;::- '" .~ r-- ~. 4. The parties agree that Plaintiff.' claims against thQ physician practice group of which Defendant Dr. Peter is a member, named in the Complaint as Susquehanna Surgeons, are based solely upon the theory of vicarious liability for the actions of Dr. Peter and Plaintiffs are not asserting any claim of direct negligence on any theory against the practice group Defendant. 5. The parties further agree that Plaintiffs' claim of vicarious liability against the Defendant practice group Susquehanna Surgeons is based solely upon the primary liability of Defendant Dr. Peter and no other person. 6. Counsel of record listed below enter this Stipulation on behalf of their respective clients and certify that they are authorized to do so. / jiJ.3/{)(' Datr! I ~ pril trang- Kuta, Ulre Attorneys for Plaintiff D2c;;r..v. . / , I JoO G Michael D. Pipa, Esquire Attorneys for Anastasius O. Peter, MD., and Heritage Medical Group 105_ A ILIABIMEPILLPGI19ZS841l<PMIOI 0 12\00 132 950-j roo/rOO.d 6l6-1 mIlE Wlt A3H3NN30 llVHs~vn-WOjj ~E:ll 9001-01-10 "-:::i'"- CO) c- '- ~ ,-:1 C:j -, _",J -,1 :::-J (,. 1 --, '.0 C,": c:) \.,(") / . ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE AND BRAD CRISE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05-104 CIVIL TERM ANASTASlUS O. PETER, MD, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, PA 17011 ORDER AND NOW, upon consideration of the attached Stipulation of the parties to Resolve Preliminary Objections, it is hereby ORDERED that the Stipulation is adopted. <.Jet, /7 ihx> t. Date .~4J / )- ('5 0(, CA-Y-W .~ yJ5 ~ fIl'b J. Sil .f' .c. L1..\ .t-...) ^ I C~l ~ Q\i:~,7 :to.' L_.l-' ~'Ul...t.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE and BRETT CRISE, Husband and wife, Plaintiffs COURT OF COMMON PLEAS NO. 05-104 CIVIL TERM v. IN CIVIL ACTION - LAW ANASTASIUS O. PETER, M.D, HERITAGE MEDICAL GROUP, and HOLY SPIRIT HOSPITAL, Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANTS, ANASTASIUS O. PETER, M.D. AND HERITAGE MEDICAL GROUP, TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Anastasius O. Peter, M.D. and Heritage Medical Group, by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and in answer to the Plaintiffs' complaint, state as follows: I. Answering Defendants are without sufficient knowledge to admit or deny the facts contained within this paragraph. The allegations are therefore denied pursuant to Rule 1029(e). 2. Admitted in part that Dr. Peter is a physician licensed to practice medicine in the Commonwealth of Pennsylvania. His business office is located on North Front Street, Wormleysburg, Cumberland County, Pennsylvania. By way of further answer, the business office of Heritage Medical Group d/b/a Susquehanna Surgeons is located at 532 North Front Street, Worrnleysburg, Cumberland County, Pennsylvania 17043. 3. Admitted. 4. Admitted, with further answer that Susquehanna Surgeons is a Physician Operating Division of the Heritage Medical Group. 5. Denied, pursuant to Pa.R.C.P. 1029(e). 6. Denied, pursuant to Pa.RC.P. 1029(e). 7. Admitted in part, denied in part. It is admitted that on January 23,2003, Plaintiff was seen at the emergency department of Holy Spirit Hospital. By way of further response, a CT scan had been performed on January 23, 2003 at the Heritage Diagnostic Center. It is admitted that on January 23, 2003, Dr. Brown (then of Susquehanna Surgeons) performed a laparoscopic procedure on the Plaintiff and that Dr. Peter attended to Plaintiff on January 25, 2003. The remainder of this paragraph is denied pursuant to Pa.R.C.P. 1029(e). The relevant medical records speak for themselves and are incorporated herein by reference. 8. Denied, pursuant to Pa.R.C.P. 1029(e). In so far as further response is deemed required, it is generally denied that Plaintiff contacted Susquehanna Surgeons on February 3, 2003, February 5, 2003, and February 7, 2003. It is admitted that Plaintiff was seen on February 7, 2003, as set forth in the medical records. 9. The Responding Defendants are without sufficient information to admit or deny the facts contained in this paragraph. In so far as further response is deemed required, Defendants deny this paragraph pursuant to Pa.R.C.P. 1029(e). 10. Denied, pursuant to Pa.R.C.P. 1029(e). To the extent a response is deemed required, the contents of the relevant medical records are incorporated herein by reference. 11. The answers to '11'111-10 above are incorporated herein by reference as if set forth at length herein. 2 12. (a- d). The averments of this paragraph are legal conclusions, to which no response is required. In so far as a response is deemed required, the allegations of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, all allegations of negligence or a failure to use due care and caution at any time relevant are denied, and it is averred, to the contrary, that Dr. Peter at all times met the applicable standard of care and acted with reasonable care and due caution under the circumstances then and there existing. 13. The suggested "causation" in this paragraph constitutes a legal conclusion, to which no response is required. In so far as a response is deemed required, the allegations of this paragraph are denied, pursuant to Pa.R.c.P. 1029(e). 14. In so far as the allegations of this paragraph implicate "causation", this paragraph calls for a legal conclusion to which no response is required. In so far as a response is deemed required, paragraph 14 is denied pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that the Plaintiff incurred additional medical expenses and/or may incur future medical expenses. 15. Pursuant to a Stipulation of the parties and Court Order dated February 13,2006, this paragraph of Plaintiff's Complaint is to be construed as a claim for lost income on the part of Plaintiff, Lori Crise only, and not Plaintiff Brad Crise. The allegations of this paragraph constitute a legal conclusion to which no response is required. In so far as further response is deemed required, the allegations are denied pursuant to 1029(e) and it is specifically denied that Dr. Peter's conduct caused Lori Crise to lose income. 3 16. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, the allegations ofthis paragraph are denied, pursuant to Pa.R.C.P. I 029( e). In so far as a more specific response is deemed required, Responding Defendants specifically deny that Dr. Peter's conduct caused Lori Crise permanent abdominal dysfunction. 17. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). Furthermore, it is specifically denied that Dr. Peter's conduct caused Lori Crise an increased risk of further hospitalizations, colostomy, and surgery. 18. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that Dr. Peter's conduct caused Lori Crise to sustain scars, pain, suffering, inconvenience, emotional distress and depression, embarrassment, and loss of life's pleasures. WHEREFORE, Defendants, Anastasius O. Peter, M.D. and Heritage Medical Group, demand judgment in their favor and against Plaintiff. 19. Answers to ~~1-18 above are incorporated herein by reference as ifset forth at length herein. 20. (a-b). The allegations of this paragraph and paragraphs 20-26 below are directed to a party other than Answering Defendants and no response is therefore required. The negligence and/or carelessness of a party is a legal conclusion to which no response is required. The allegations of paragraph 20 (a-b) are legal conclusions to which no response is required. In so far as a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). 21. The response to paragraph 20 above is incorporated herein by reference. 4 22. The response to paragraph 20 above is incorporated herein by reference. 23. The response to paragraph 20 above is incorporated herein by reference. 24. The response to paragraph 20 above is incorporated herein by reference. 25. The response to paragraph 20 above is incorporated herein by reference. 26. The response to paragraph 20 above is incorporated herein by reference. WHEREFORE, Defendants, Anastasius O. Peter, M.D. and Heritage Medical Group, demand judgment in their favor and against Plaintiff, Lori Crise. 27. Responses to "1-26 above are incorporated herein by reference as if set forth at length herein. 28. (a-d.) Negligence and carelessness are legal conclusions to which no response is required. To the extent that a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). By way of further answer, the response to paragraph 12 above is incorporated herein by reference as if set forth in full. 29. The suggested "causation" in this paragraph constitutes a legal conclusion, to which no response is required. In so far as a response is deemed required, the allegations of this paragraph are denied, pursuant to Pa.R.C.P. 1029(e). 30. In so far as the allegations of this paragraph implicate "causation," this paragraph calls for a legal conclusion to which no response is required. In so far as a response is deemed required, paragraph 30 is denied pursuant to Pa.R.c.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that the Plaintiff incurred additional medical expenses and/or may incur future medical expenses and strict proof to the contrary is demanded at the time oftrial. 5 31. Pursuant to a Stipulation of the parties and Court Order dated February 13, 2006, this paragraph of Plaintiff's Complaint is to be construed as a claim for lost income on the part of Plaintiff, Lori Crise only, and not Plaintiff Brad Crise. The allegations of this paragraph constitute a legal conclusion to which no response is required. In so far as further response is deemed required, the allegations are denied pursuant to 1029(e) and it is specifically denied that Dr. Peter's conduct caused Lori Crise to lose income. 32. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, the allegations of this paragraph are denied, pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, Responding Defendants specifically deny that Dr. Peter's conduct caused Lori Crise permanent abdominal dysfunction and strict proof of the contrary is demanded at the time of trial. 33. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, this paragraph is denied pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that Heritage Medical Group caused Lori Crise to be exposed to an increased risk of requiring further hospitalizations, colostomy, and surgery and strict proofto the contrary is demanded at the time oftrial. 34. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that Heritage Medical Group caused Lori Crise to sustain scars, pain, suffering, inconvenience, emotional distress and depression, embarrassment and loss of life's pleasures and strict proof of the contrary is demanded at the time of trial. 6 WHEREFORE, Defendants, Anastasius O. Peter, M.D. and Heritage Medical Group, demand judgment in their favor and against Plaintiff. 35. Responses to ~~1-34 are incorporated herein by reference as if set forth at length herein. 36. "Causation" is a legal conclusion to which no response is required. In so far as a response is deemed required, this paragraph is denied, pursuant to Pa.R.C.P. 1029(e). In so far as a more specific response is deemed required, it is specifically denied that Defendants negligently caused Brad Crise damages as a result of the loss of service, guidance, companionship, society, affection and consortium. WHEREFORE, Defendants, Anastasius O. Peter, M.D. and Heritage Medical Group, request judgment in their favor and against Plaintiffs. NEW MATTER 37. At no time relevant to the events referred to in Plaintiffs' complaint were the Defendants, their agents, servants, employees or otherwise acting on or in behalf of any other natural person, partnership, corporation or other legal entity. 38. At all times relevant to the events referred to in Plaintiffs' complaint, the Defendants complied with the applicable standard of care. 39. The Defendants are entitled to relief and contribution in accord with the Pennsylvania Comparative Negligence Act, 42 P.S. S 7102, as amended by Senate Bill 1089, effective August 14,2002. 7 40. In the event that it is determined that the Defendants were negligent with regard to any of the allegations contained in Plaintiffs' complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than the Defendants and over whom the Defendants had no control, right, or right to control and the Defendants therefore are not liable. 41. Any acts or omissions of the Defendants alleged to constitute negligence were not substantial causes, factual causes, or factors contributing to the injuries and damages alleged in Plaintiffs' complaint. 42. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of the Defendants but rather were caused by pre-existing medical conditions and/or causes beyond the control of the Defendant and the Plaintiffs therefore may not recover against the Defendants. 43. Plaintiffs claims are limited and barred by the provisions of the Medical Care Availability and Reduction of Errors (MCARE) Act, 40 P.S. 91303.101. 44. The damages alleged by the Plaintiffs did not result from acts or omissions of the Defendants, their agents, servants or employees, but rather resulted from acts or omissions of persons and/or entities over whom the Defendants had no right of control. 45. Plaintiffs' claims, the existence of which are specifically denied by the Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accord with Pennsylvania Statutes and the opinion ofthe Pennsylvania Supreme Court in Moorehead v. Crozer Chester Medical Center. 46. The Defendants demand trial by jury on all issues. 47. Answering Defendants are entitled to and assert all defenses available under the Fair Share Act, 42 Pa.C.S. 97102B. 8 48. Plaintiffs' claims may be barred in whole or in part by the applicable statue of limitation. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiffs, including interest, costs, and fees, and other relief deemed appropriate by this Court. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: .1{~ Michael D. Pipa, Es Sup. Ct. LD. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendant Anastasius Peter, MD. and Susquehanna Surgeons, Ltd. DATE: March;)), 2006 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE and BRETT CRISE, Husband and wife, Plaintiffs COURT OF COMMON PLEAS NO. 05-104 CIVIL TERM v. IN CIVIL ACTION - LAW ANAST ASlUS O. PETER, M.D, HERITAGE MEDICAL GROUP, and HOLY SPIRIT HOSPlT AL, Defendants JURY TRIAL DEMANDED VERIFICATION I, Anastasius O. Peter, M.D. and Heritage Medical Group, a Defendant in the above matter, verify that the facts set forth in Answer of Defendants, Ansastasius O. Peter, M.D. and Heritage Medical Group are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: :s - Z I - 0 (., ~ rI: b&- Anastasius O. Peter, M.D. Heritage Medical Group COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE and BRETT CRISE, Husband and wife, Plaintiffs COURT OF COMMON PLEAS NO. 05-104 CIVIL TERM v. IN CIVIL ACTION - LAW ANASTASlUS O. PETER, M.D, HERITAGE MEDICAL GROUP, and HOLY SPIRIT HOSPITAL, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing Answer with New Matter was served to parties listed herein via United States First-Class Mail on March ;) ~ , 2006. April L. Strang-Kutay, Esquire Goldberg, Katzman & Shipman, P.c. 600-11. Eden Road Lancaster,PA 17601 (Counsel for Plaintiffs) Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (Counsel for Defendant, Holy Spirit Hospital) 1v~ ~ 105_ A ILlABlGSMCINROY\LLPG\209730VLKA W ALECIO I 0 I 2\001 32 (.~, :;";'" c-.) C) ~~ ,,) c;:: (I --11 ::;J -'-.,-\ '..J ;.< 'f - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA LORI CRISE and BRETT CRISE, Husband and Wife, : No. 05-104 Plaintiffs : Civil Action - Law v. : JURY TRIAL DEMANDED ANASTASIUS O. PETER, MD. SUSQUEHANNA SURGEONS, LTD., and HOLY SPIRIT HOSPITAL Defendants PRAECIPE TO THE PROTHONOTARY: Please change the address of Plaintiff's attorney, April L. Strang-Kutay, Esquire to: Goldberg Katzman, P.C. 600-A Eden Road Lancaster, PAl 760 I (717) 509-6141 (717) 509-0148 - facsimile Date: 4 b)~ GOLDBERG KATZMAN, P.e. / BY: ;/,<.<, Aprilt. 0 rang-Kutay, Es ID # 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiffs " CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel ofrecord by depositing a copy of same in the United States Mail at rdf'vlA; 0 Lancaster, Pennsylvania, with first-class postage prepaid on the 3 day of =rVLA: 2006, addressed to the following: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 ByCJlvvlA 4Eh~ Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire -,-) ,-,., -.,j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI CRISE and BRETT CRISE, Husband and Wife, No. 05-104 Plaintiffs Civil Action - Law v. ; JURY TRIAL DEMANDED ANASTASIUS O. PETER, M.D. SUSQUEHANNA SURGEONS, LTD., and HOLY SPIRIT HOSPITAL Defendants PLAINTIFFS' RESPONSE TO NEW MATTER 37. This paragraph requires no response. 38. Paragraph 38 contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 39. Paragraph 39 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, Plaintiffs' believe that the doctrine of comparative negligence is not applicable in this matter, and therefore a denial is made. 40. Paragraph 40 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 41. Paragraph 41 of Defendant's New Matter contains a conclusion of law to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 42. Paragraph 42 of Defendant's New Matter contains a conclusion of law to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 43. Paragraph 43 of Defendant's New Matter contains a conclusion of law to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 44. Paragraph 44 of Defendant's New Matter contains a conclusion of law to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 45. Paragraph 45 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 46. Paragraph 46 requires no response. 47. Paragraph 47 of Defendant's New Matter contains a conclusion oflaw to which no answer is deemed to be required. To the extent that an answer is required, a denial is made. 48. Paragraph 48 of Defendant's New Matter contains a conclusion of law to which no answer is deemed to be required, however, Plaintiffs filed an action with this court within the applicable time, according to statutory limits. To the extent thaI an answer is required, a denial is made. WHEREFORE, Plaintiffs' demand judgment in their favor and against Defendants, Anastasius Peter, M.D. and Susquehanna Surgeons, Ltd., together with costs of suit. Respectfully submitted, GOLDBERG KATZMAN, P.e. Date: }I'}';~ ~ 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the ~rd day Of~, 2006, addressed to the following: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 By(Yl j)A9-~ ~~1e, Legal Secretary for April L. Strang-Kutay, Esquire , I (J\ --"', . , f'.> ..,,(, r<' CBRT:I1'ICATB PURSUANT TO RULB 4009.22 ORIG/NAL PREREQUISITB TO SBRVICB OF A SUBPOENA .. ) IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, CUMBERlJ\ND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS, LTD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/10/2006 R1.16 133-H DBll-0640561 27147-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS, LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS MID PENN UROLOGY, INC. MEDICAL RECORDS DRS MCCALL,BANOGON HAWN ASSOC.MEDICAL RECORDS GOOD HOPE FAMILY PRACTICE CTR.MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of MICHAEL D. PIPA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/21/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT CC: MICHAEL D. PIPA, ESQ. PAULETTE FREEMAN - 01012-00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16 133-H DE02-0337820 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, H/W File No. 05-104 vs. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHFO R mER .... at The MCS ('",ollP Ine 160] Market Street Suite 800 Philadelphia FA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL D. PIP A. ESO. ADDRESS: 4200 CRIJMS MIl J, ROAD SUITE B HARRISBURG. FA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT II) #: ATTORNEY FOR: Defendant Date: I ~ AUG 1 0 2D06 -..J ( 1 If> f )1":Jbb Seal of the Court 27147-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL & HEALTH SERVICES 246 PARKER STREET CARLISLE. PA 17013 RE: 27I47 LORI A. CRISE prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISE 11 AZALEA DRIVE, Mr. HOLLY SPRING, PA 17065 Social Security #: XXX-XX-3l13 Date of Birth: 11-05-1965 R1.l2S 133-H SU10-0633310 27147-LOl CERTIFICATE PURSUANT TO RULE 4009.22 U.r' 'V'" _ .... I . .,,"i,'" ~11J / '~ii " -.1 i"'" ! n-<J PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, CUMBERLAND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be servedl (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/10/2006 Rl.16 133-H DEll-0640562 27147 - L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS MID PENN UROLOGY, INC. MEDICAL RECORDS DRS MCCALL,BANOGON HAWN ASSOC.MEDICAL RECORDS GOOD HOPE FAMILY PRACTICE CTR.MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of MICHAEL D. PIPA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/21/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT cc: MICHAEL D. PIPA, ESQ. PAULEITE FREEMAN - 01012-00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16 133-H DE02-0337820 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, H/W FileNo. 05-1 04 vs. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MID PENN UROl DGY INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ........ SEE A IT ACHFO RIDER ........ at The MCS nrnu;p Ine 1601 Market Street Suite 800 Philadelnhia PA 1910l You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MIrHAFI D. PIPA ESO. ADDRESS: 4200 CRUMS MTl J, ROAD SUITE B HARRISBURG FA 17110 TELEPHONE: (2 I 5) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant BY THE COURT: r. AUG 1 0 2006 Date: '- Jl.<l'f If, ,).6010 Seal of the Court 27147-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MID PENN UROLOGY, INC. 423 N. 21ST STREET SUITE 300 CAMP HILL. PA 17011 RE: 27147 LORI A. CRISE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISE 11 AZALEA DRIVE, MT. HOLLY SPRING, PA 17065 Social Security #: XXX-XX-3113 Date of Birth: 11-05-1965 Rl.12S 133-H 8U10-0633312 27147-L02 CERTIl"ICATE PURSUANT TO RULE 4009.22 O/?/6:/Wtk PREREQUISITE TO SERVICE 01" A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE. H/W TERM, CUMBERLAND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS, LTD AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/10/2006 ~ MICHAEL D. Attorney for Rl.16 133-H DEll-0640563 27147-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS MID PENN UROLOGY, INC. MEDICAL RECORDS DRS MCCALL,BANOGON HAWN ASSOC.MEDICAL RECORDS GOOD HOPE FAMILY PRACTICE CTR.MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of MICHAEL D. PIPA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty {20} days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/21/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT CC: MICHAEL D. PIPA, ESQ. PAULETTE FREEMAN - 01012-00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16 133-H DB02-0337820 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, H/W File No. 05.104 vs. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DRS MCCAT.T ..BANOGON HAWN ASSOC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followiBg documents or things: ........ SEE ATTACHED RIDER ........ at TheMCSGroun In" ]601 Market Street. Suite 800 Fhil.delnhi. FA ]9103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL D. PIP A. ESO. ADDRESS: 4200 CRUMS MTT.T, ROAD STJITE B HARRISBURG FA 17110 TELEPHONE: (215)246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant AUG 1 0 2006 Date: .... JI{ Ly I;,~b Seal of the Court 27147-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DRS MCCALL.BANOGON HAWN ASSOC. 4700 UNION DEPOSIT RD. ST 140 HARRISBURG. PA 17111 RE: 27147 LORI A. CRISE prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISE 11 AZALEA DRIVE, Mr. HOLLY SPRING, PA 17065 Social Security #. XXX-XX-3l13 Date of Birth: 11-05-1965 Rl.12S 133-H SUlO-06333l4 27147-L03 CBRTIFICATE PREREQUISITB TO SBRVICB OF A SUBPOENA PURSUANT TO RULB 4009.22 a~t~;VAl IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, CUMBERLAND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS, LTD AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena. is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Attorney for DEFENDANT DATE: 08/10/2006 f~ Rl.16 133-H DBll-0640564 27147-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL RECORDS MID PENN ~LOCY, INC. MEDICAL RECORDS DRS MCCALL,BANOGON HAWN ASSOC.MEDICAL RECORDS GOOD HOPE FAMILY'PRACTICE CTR.MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL THOMAS M. CHAIRS, ESQ. MCS on behalf of MICHAEL D. PIPA. ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an Objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/21/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT CC: MICHAEL D. PIPA, ESQ. PAULETTE FREEMAN - 01012-00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16 133-H DI!02-0337820 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, HfW FileNo. 05-104 vs. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GOOD HOPE F AMIT,y PRACTICE CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .**. SEE A IT ACHED RIDER .**. at The MCS ('".oull me 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL D. PIP A. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG PA ]7110 l1ELEPHO~: (2]5)246-0900 SUPREME COURT ill #: A TIORNEY FOR: Defendant BY AUG 1 0 2006 ~luL( 1ft ~ Date: Seal of the Court 27147-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GOOD HOPE FAMILY PRACTICE CTR. 1830 GOOD HOPE ROAD ENOLA. PA 17025 RE: 27147 LORI A. CRISE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISB 11 AZALEA DRIVE, Mr. HOLLY SPRING, PA 17065 Social Security #: XXX-XX-3113 Date of Birth: 11-05-1965 R1.12S 133-H SU10-0633316 27147-L04 o ~ -ofu SF ~',~-.; Q~:' 1,-, r.-' <.....' -):::1--) ~:.i'-'l Pc' Z ::.r!. "" = = 0' :> c:::: (7) o ." :t:!] r'11("_ -om ::,;y 00 ..~:;:j ~ri ?~- :IJ ~;.J c"") 15m .~ ~ -< U1 ",. ::.: C5 COMMONWEALTH OF PENNSYL V AN1A COUNTY OF CUMBERLAND LORI CRISE AND BRAD CR1SE, Plaintiffs COURT OF COMMON PLEAS v. NO. 05.104 CIVIL TERM ANAST ASIUS O. PETER, M.D, AND SUSQUEHANNA SURGEONS, LTD. 532 NORTH FRONT STREET WORMLEYSBURG, P A 17043 IN CIV1L ACTION - LAW HOLY SPIRIT HOSPITAL CAMP HILL, PA 17011 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the enter the appearance of the undersigned on behalf of Defendant Anastasius O. Peter, M.D., only in the above captioned case. DA TE: ~ 1'6 lor;, BY: M1CHAEL D. PIPA, ES LD. NO. 53624 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant Anastasius O. Peter, M.D., only in the above captioned case. Respectfully Submitted, MARS COLE D G Y, WARNER, CRAIG A. 0 1.0. NO. 15907 4200 Crums Mill ad Harrisburg, PA 17112 (717) 651-3502 DATE: ~~ I~' Z)~ BY: (') c ~ -urn cpffl ~~',{' ~C )>. ":7e' -~C );c' .i :::;,! ...., = = "" ".. c:: (;'".) N N ~ -'- o ." ~:n l':JM1 t~9 -Tl~ cj:D zO Om ---I ~ o CX) CERTIFICATE OltJIC!~l ~,! fJlU,; lii il~. PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, CUMBERLAND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/18/2007 J S \ :M I ?~c>e~a=~ Ot. ? J ~SQ . MIC~~A, ESQ. ~ Attorney for DEFENDANT R1.23 133-H DEll-0666772 27147-LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JEFFREY D. SEDLACK, M.D. THREE SPRINGS FAMILY PRACTICE MEDICAL RECORDS MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL D. PIPA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/29/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT CC: MICHAEL D. PIPA, ESQ. PAULETTE FREEMAN - 01012-00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0350702 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, H/W File No. 05-104 vs. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JEFFREY D. SEDLACK. M.D. (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE A IT ACHED RIDER **** at The MCS Grolij). Inc 1601 Market Street Suite 800 Philadelphia P A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL D. PIP A. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: AITORNEY FOR: Defendant Date: ])€L j~ ~~~ , Seal of the Court Prothonotary/Clerk, Civil Divisio .Aa-L~7f~ Deputy <:.-.... 27147-05 EXPLANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JEFFREY D. SEDLACK, M.D. 220 WILSON STREET CARLISLE, PA 17013 RE: 27147 LORI A. CRISE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISE 11 AZALEA DRIVE, MT. HOLLY SPRING, PA 17065 Social Security #: XXX-XX-3113 Date of Birth: 11-05-1965 Rl.16S 133-H SUI0-0662318 27147-L05 CERTIFICATE l JIl'l O'R'G" ". ;ft..".'~.rlif,... ;; · ., " i '\Jt!iiiw PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, CUMBERLAND -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL D. PIPA, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/18/2007 s\:M ,on behalf ,OfD p~ ) Cc5Q I" MICH~AI ESQ. Attorney for DEFENDANT R1.23 133-H DEll-0666773 27147-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS LORI CRISE & BRAD CRISE, H/W TERM, -VS- CASE NO: 05-104 ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SURGEONS,LTD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 JEFFREY D. SEDLACK, M.D. THREE SPRINGS FAMILY PRACTICE MEDICAL RECORDS MEDICAL RECORDS TO: APRIL L. STRANG-KUTAY, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL D. PIPA, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/29/2006 MCS on behalf of MICHAEL D. PIPA, ESQ. Attorney for DEFENDANT CC: MICHAEL D. PIPA, ESQ. PAULETTE FREEMAN - 01012 - 00132 - 970971 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0350702 27147-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LORI CRISE & BRAD CRISE, WW File No. 05-104 Ys. ANASTASIUS O. PETER, M.D. & SUSQUEHANNA SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THREE SPRINGS F AMIL Y PRACTICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Ine.. 1601 Market Street Suite 800. Philadelphia PAl 91 03 You may deliver or mai11egible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL D. PIP A. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT II) #: ATTORNEY FOR: Defendant Date: -=:D.f:C JAN 1 8 2007 c9l., I :2t)O~ '"-- Seal of the Court 27147-06 .. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THREE SPRINGS FAMILY PRACTICE 303 N. BALTIMORE AVE. MT. HOLLY SPRINGS. PA 17065 RE: 27147 LORI A. CRISE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : LORI A. CRISE 11 AZALEA DRIVE, MT. HOLLY SPRING, PA 17065 Social Security #: XXX-XX-3113 Date of Birth: 11-05-1965 R1.16S 133-H SU10-0662320 27147-L06 '~1 1... '.." !-r (') C' ""'" = C.? --J t.- <>j .:<: ~: - o --n :r.!::J rll r: i>1 :g(;; i-:~(~) \::.:. ::;:A " ) (") .'~;rn ~ J;S :<.: N W J::>> ....,,- -~.... e- N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LORI CRISE and BRETT CRISE, Husband and Wife, Plaintiffs No. 05-104 : Civil Action -Law V. ANASTASIUS O. PETER, M.D. SUSQUEHANNA SURGEONS, LTD., and HOLY SPIRIT HOSPITAL Defendants JURY TRIAL DEMANDED F ' PP 1 0 THONo TA a 12 ,A 28 PM 1: 31 1_ ,M V I: ENJ YLVANIA PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as discontinued with prejudice. Attached to this Praecipe is Plaintiffs' executed Authorization to Discontinue. Thank you. GOLDBERG KATZMAN, P.C. Date: By: Z,,.: K Apr' L. Strang- ut uire I.D. # 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs 100591723;vII IN THE COURT OF COMMON PLEAS C1 TN4RPi21 . A Nil Pn1 TNTV PPNNCVi V A Ni A LORI CRISE and BRETT CRISE, Husband and Wife, No. 05-104 Plaintiffs Civil Action - Law V. JURY TRIAL DEMANDED ANASTASIUS O. PETER, M.D. SUSQUEHANNA SURGEONS, LTD., and HOLY SPIRIT HOSPITAL Defendants AUTHORIZATION TO DISCONTINUE SUIT We hereby give voluntary authorization to Attorney April Kutay and her law firm, Goldberg Katzman, P.C. to discontinue our lawsuit with prejudice. We understand that by discontinuing this action, we are relinquishing any legal right we may have to recover monetarily against Dr. Anastasius Peter for injuries he allegedly caused us to sustain. -_?ori Crise &S 4;? O"t? Brett Crise 100588628;v I } CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on theJ1441day of 2012, addressed to the following: Craig Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 By( JJzU JQ C Glenda J. Ebersole, / Legal Secretary for April L. Strang-Kutay, Esquire