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HomeMy WebLinkAbout13-6255 . e Supreme Cori" nsylvania Cour .Commo leas For Prothonotary Use Only: cil ii ;rte Vt Docket No: r,�9r sr9 C CU LAND ))� County X11 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint x; Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: SUSAN A. SCOTT, ADMINISTRATRIX RICHARD GRIFFITHS, D.O. T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Soutside arbitration limits O N Is this a Class Action Suit? 0 Yes lx1 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: ROBERT L. SACHS, JR. 0 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional © Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other ® Board of Elections ® Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) El Slander/Libel /Defamation Discrimination C 0 Other: © Employment Dispute: Other 0 Zoning Board , [3 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -I mplant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: � Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: Medical 0 Other: 0 Other Professional: Updated 1/1/2011 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) SUSAN A. SCOTT, ADMINISTRATRIX OF EST. OF KENNETH LEE FENTON, 15 Pine Grove Road Gardners PA 17324 Case No. 6 1W,5S Civil Term VS. Civil Action AT LAW Defendant(s) & Address(es) Richard Griffiths, D.O., 1211 Forge Road, Carlisle PA 17013;The Kunkel Surgical Group, 1211 Forge Road, Carlisle PA 17013; Carlisle HMA, LLC, r °o d /b /a Carlisle REgional Medical -� Center, 361 Alexander Spring Rd., Carlisle PA 17015. -`{ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY /CLERK OF SAID COURT: 2 CD Issue summons in the above case F° C:) 7- --t Writ of Summons shall be issued and forwarded Attorne eriff. a Circl c < Date. 10/24/2013 Signature of A71torXey • Print Name: ROBERT L. SACHS, JR. Address: 2005 MARKET STREET, STE. 2300 PHILADELPHIA PA 19103 Telephone #. 215- 568 -7771 Supreme Court ID Number: 41355 0 0 0 0 0 O WRIT OF SUMMONS aO �� TO: CARLISLE HMA, LLC, d /b /a CARLISLE REGIONAL MEDICAL CENTER R 8�9`7 YOU ARE NOTIFIED THAT THE ABOVE -NAMED P S ,AINTIFF(S) HAS/HAVEE OMX� AN ACTION AGAINST YOU. <, Prothonotary /Clerk, Civil Division Date: Deputy .. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) SUSAN A. SCOTT, ADMINISTRATRIX OF EST. OF KENNETH LEE FENTON, 15 Pine Grove Road Gardners PA 17324 Case No. / Civil Term VS. Civil Action AT LAW Defendant(s) & Address(es) Richard Griffiths, D.O., 1211 Forge Road, Carlisle PA 17013;The Kunkel Surgical Group, 1211 Forge Road, Carlisle PA 17013; Carlisle HMA, LLC, d /b /a Carlisle Regional Medical Center, 361 Alexander Spring;Rd., Carlisle PA 17015. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded o Attorne heriff. as i4AtTo • Date: 10/24/2013 Signature o L Print Name: ROBERT L. SACHS, JR. Address: 2005 MARKET STREET, STE. 2300 PHILADELPHIA PA 19103 Telephone #: 215- 568 -7771 Supreme Court ID Number: 41355 WRIT OF SUMMONS TO: THE KUNKEL SURGICAL GROUP YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary �Ierk,vil Division Date: l� b Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) SUSAN A. SCOTT, ADMINISTRATRIX OF EST. OF KENNETH LEE FENTON, 15 Pine Grove Road Gardners PA 17324 Case No. ' 6 Term VS. Civil Action AT LAW Defendant(s) & Address(es) Richard Griffiths, D.O., 1211 Forge Road, Carlisle PA 17013;The Kunkel Surgical Group, 1211 Forge Road, Carlisle PA 17013; Carlisle HMA, LLC, d /b /a Carlisle Regional Medical Center, 361 Alexander Spring Rd., Carlisle PA 17015. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarde ttorne eriff. as ircle h Date : 10/24/2013 Signature of A orn Print Name: ROBERT L. SACHS, JR. Address: 2005 MARKET STREET, STE. 2300 PHILADELPHIA PA 19103 Telephone #: 215- 568 -7771 Supreme Court ID Number: 41355 • • • • • WRIT OF SUMMONS TO: RICHARD GRIFFITHS, D.O. YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. / O tl.L' .t zy Prothonotary/Clerk, Civil Division Date:- 3 . Deputy a SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 Attorneys for Plaintiff One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY KENNETH LEE FENTON, deceased CIVIL ACTION V. No. 13-6255 RICHARD GRIFFITHS, D.O.; c-, THE KUNKEL SURGICAL GROUP; and CARLISLE HMA, LLC, d/b/a =M CARLISLE REGIONAL MEDICAL CENTER CD CERTIFICATE OF MERIT AS TO THE KUNKEL GROUP =c:) In accordance with Rule 1042.3(a) v I, Robert L. Sachs, Jr., Attorney for Plaintiff, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. RO ER L. ACHS,JR. t� 1 � 1 Date _ s SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 Attorneys for Plaintiff One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY KENNETH LEE FENTON, deceased CIVIL ACTION V. No. 13-6255 RICHARD GRIFFITHS, D.O.; THE KUNKEL SURGICAL GROUP; and CZ CARLISLE HMA, LLC, d/b/a �-z- CARLISLE REGIONAL MEDICAL CENTER C r <CD CERTIFICATE OF MERIT AS TO CARLISLE HMA, LLC, d/b/4 c-3 °r' CARLISLE REGIONAL MEDICAL CENTER . In accordance with Rule 1042.3(a) - c:) I,Robert L. Sachs, Jr., Attorney for Plaintiff, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied 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; 4 OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. ROB RT L. SA HS,JR. Date SHRAGER, SPIVEY & SACHS 'Ft T#3 Q*;E7 ° By: Robert L. Sachs, Jr./Jason A. Tucl7r3NCi11 ! } Identification Number: 41355/31205 ' �' blkttorneys for Plaintiff One Commerce Square, Suite 2300 CUMBERLAND COUNTY 2005 Market Street PENNSYLVANIA Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY KENNETH LEE FENTON, deceased CIVIL ACTION V. No. 13-6255 RICHARD GRIFFITHS, D.O.; THE KUNKEL SURGICAL GROUP; and CARLISLE HMA, LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER CERTIFICATE OF MERIT AS TO RICHARD GRIFFITHS,D.O. In accordance with Rule 1042.3(a) I, Robert L. Sachs, Jr., Attorney for Plaintiff, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. ROBER L. SA HS,M. cc o� 3 Date Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff tL Jody S Smith t«� 6t tiitar6e y�r I,,{ fiF- PRA I HOMO iii 'i Chief Deputy Richard W Stewart 7013 NOV 15 Pri 2" 33 Solicitor OFF ICE OF THE�`,ERIFFF 'CUMBERLAND OUNT Y PENNc, 3 LVANIA Susan A Scott Administratrix of Estate of Kenneth Lee Fenton vs. Richard Griffiths, D.O. (et al.) Case Number 2013-6255 SHERIFF'S RETURN OF SERVICE 11/07/2013 11:56 AM - Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Jill Baughman, Office Secretary, who accepted as"Adult Person in Charge"for Carlisle HMA at 361 Alexander Spring Road, South Middleton Township, Carlisle, PA 17015. 404L CLINE, DEPUTY 11/07/2013 01:32 PM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Donna Geen, Office Clerk, who accepted as"Adult Person in Charge"for The Kunkel Surgical Group at 1121 Forge Road, South Middleton, Carlisle, PA 17015, ,4e_ Ez�_ -WILLIAM CLINE, DEPUTY 11/07/2013 01:32 PM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Donna Green, Office Clerk, who accepted as"Adult Person in Charge"for Richard Griffiths, D.O. at 1211 Forge Road, Suite 200, S. Middleton Twp., Carlisle, PA 17015. LLIAM CLINE, DEPUTY SHERIFF COST: $73.56 SO ANSWERS, ' November 08, 2013 ! ' RONNY R ANDERSON, SHERIFF (c)(,0U^IVSU1 O Sheriff,78!u0sofi,Inc. 01P 3 uov pp, HENRY & BEAVER LLP h By: Wiley P. Parker, Esquire rC?,#1`4D oU�jF•�� Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Griffiths, D.O. & The Kunkel Surgical Group SUSAN A. SCOTT, ADMINISTRATRIX IN THE COURT OF COMMON PLEAS OF EST. OF KENNETH LEE FENTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. ACTION NO. 13-6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, CARLISLE HMA, LLA, d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Wiley P. Parker, Esquire, and Amy B. Leonard, Esquire, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorneys for Richard Griffiths, D.O., the Defendant in the above-captioned matter. Dated: HENRY & BEAVER LLP By: WILEY P. squire I.D. #2065 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant Richard Griffiths, D.O. HENRY & BEAVER LLP B : EO R I.D. 9 26 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Defendant Richard Griffiths, D.O. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Praecipe for Entry of Appearance and Praecipe for Rule to File a Complaint upon the following person(s) on November , 2013 in the manner specified below: Name Manner of Service Robert L. Sachs, Jr., Esquire U.S. First Class Mail 2005 Market Street, Suite 2300 Philadelphia, PA 19103 Tel. No.: (215) 568-7771 Kunkel Surgical Group U.S. First Class Mail c/o Kay E. Tipton Legal Coordinator, Risk Management Department Holy Spirit Health System 503 North 21 st Street Camp Hill, PA 17011 Carlisle Regional Medical Center U.S. First Class Mail 361 Alexander Spring Road Carlisle, PA 17015 Date: November , 2013 EY P. KER ORIGINAL - 1:)OF-FLLAI Q COUNT' HENRY & BEAVER LLP bP ''�'S4'� e,t {��, By: Wiley P. Parker, Esquire Identification No. 20653 Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Griffiths, D.O. & The Kunkel Surgical Group SUSAN A. SCOTT, ADMINISTRATRIX IN THE COURT OF COMMON PLEAS OF EST. OF KENNETH LEE FENTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. ACTION NO. 13-6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, CARLISLE HMA, LLA, d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO: THE PROTHONOTARY: Enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or judgment of non pros will be entered. WILEY P. PAR ER, Esquire I.D. #20653 Attorney for Defendant Richard Griffiths, D.O. TO THE PLAINTIFF: You are ruled to file a Complaint within twenty (20) days after service hereof or suffer judgment of non pros. Prothonotary - 2 - SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 Attorneys for Plaintiff One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, COURT OF COMMON PLEAS Administratrix of the Estate of • CUMBERLAND COUNTY KENNETH LEE FENTON, deceased : CIVIL ACTION 15 Pine Grove Road • Gardners PA 17324 • v. • No. 13-6255 RICHARD GRIFFITHS, D.O. • 1211 Forge Road • Carlisle PA 17013 • And : - .: THE KUNKEL SURGICAL GROUP ' ; 1211 Forge Road • Carlisle PA 17013 • rso '- And : -72 s,,, _- CARLISLE HMA, LLC, d/b/a • b� CARLISLE REGIONAL MEDICAL CENTER : ~' - 361 Alexander Spring Road _' fi', Carlisle PA 17015 PROFESSIONAL MALPRACTICE COMPLAINT IN CIVIL ACTION 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 by 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 TARE THIS PAPER TO YOUR LAWYER 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). THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY Ol•FE1(LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 Attorneys for Plaintiff One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, • COURT OF COMMON PLEAS Administratrix of the Estate of • CUMBERLAND COUNTY KENNETH LEE FENTON, deceased • CIVIL ACTION • 15 Pine Grove Road • Gardners PA 17324 v. • No. 13-6255 • RICHARD GRIFFITHS, D.O. • 1211 Forge Road • Carlisle PA 17013 • And • THE KUNKEL SURGICAL GROUP • 1211 Forge Road • Carlisle PA 17013 • And • CARLISLE HMA, LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER : 361 Alexander Spring Road • Carlisle PA 17015 CIVIL ACTION COMPLAINT Plaintiff, by and through her attorneys, Shrager, Spivey and Sachs, hereby demands damages against each of the defendants, jointly and severally, in a sum in excess of fifty thousand dollars ($50,000.00), plus costs of suit and damages for delay, upon causes of action of which the following are statements: 1. Plaintiff, Susan A. Scott, Administratrix of the Estate of Kenneth L. Fenton, deceased, is a citizen and resident of the Commonwealth of Pennsylvania, residing therein at 15 Pine Grove Road, Gardners, PA 17324. Attached as Exhibit `A', is the Certificate of Grant of Letters Administration authorized on December 9, 2011. 1 2. Defendant, Richard Griffiths, D.O., is an adult individual with a principal business address located at 1211 Forge Road, Carlisle, PA 17013. 3. Defendant, The Kunkle Surgical Group (herein after referred to as "Kunkle" or Defendant") is a domestic corporation organized and existing under the laws of the state of Pennsylvania and is authorized to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 1211 Forge Road, Carlisle, PA 17013. 4. At all times pertinent hereto, The Kunkle Surgical Group, acted through Richard Griffiths, D.O., who was its agent, apparent agent, servant, and/or employee, in conjunction with the care and treatment rendered to decedent, Kenneth L. Fenton. At all times pertinent hereto, Richard Griffiths, D.O., was the agent, apparent agent, servant, and/or employee of The Kunkle Surgical Group, acting within the course and scope of his employment, agency, or apparent agency in conjunction with the care that was rendered to decedent, Kenneth L. Fenton, at Carlisle Regional Medical Center. 5. Defendant, Carlisle HMA, LLC, doing business as "Carlisle Regional Medical Center" (hereinafter also referred to as " CRMC " and/or "Defendant"), is a domestic corporation organized and existing under the laws of the state of Pennsylvania, and is authorized to do business in the Commonwealth of Pennsylvania, with a principal place of business located at 361 Alexander Spring Road, Carlisle, PA 17015. 6. At all times pertinent hereto, Carlisle HMA, LLC, acted through Richard Griffiths, D.O., its agent, apparent agent, servant, and/or employee, in conjunction with the care and treatment rendered to decedent, Kenneth L. Fenton. At all times pertinent hereto, Richard Griffiths, D.O., was the agent, apparent agent, servant, and/or employee of Carlisle HMA, LLC, acting within 2 the course and scope of his employment, agency, or apparent agency in conjunction with the care that was rendered at Carlisle Regional Medical Center. 7. At all times pertinent hereto, Carlisle Regional Medical Center held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees, including the nursing staff. 8. At all times pertinent hereto, defendant Richard Griffiths, D.O., was appointed and held out by the Defendant Carlisle Regional Medical Center as a doctor of osteopathic medicine and, in that capacity, was the actual and/or ostensible agent, apparent agent, servant or employee of Carlisle Regional Medical Center, particularly with respect to his duties and responsibilities for the treatment of decedent Kenneth L. Fenton and for the supervision and training of residents, nurses, and staff who were assigned to the treatment of said decedent by Richard Griffiths, D.O. and/or Carlisle Regional Medical Center. 9. This is a professional liability claim against all defendants for damages in excess of fifty thousand dollars ($50,000.00). FACTUAL BACKGROUND 10. In October of 2011, Mr. Fenton was a 51 year old man who presented to Carlisle Regional Medical Center with complaints of constipation. 11. Mr. Fenton's medical history was significant for cerebral palsy with some residual lower extremity deficits. 3 12. On October 28, 2011, Mr. Fenton presented to the Emergency Room of Carlisle Regional Medical Center and was admitted to defendant hospital under the care of defendant Richard Griffiths, D.O. 13. According to the medical record, upon his admission, Mr. Fenton was initially evaluated by a CT scan which showed a mass in his sigmoid colon and a small bowel obstruction. 14. According to the medical record, initial laboratory testing also showed that Mr. Fenton had very low albumin upon admission indicating that Mr. Fenton was significantly malnourished. 15. From his admission on October 28, 2011, through November 1, 2011, Mr. Fenton was not provided with proper and adequate nutritional supplementation to resolve his malnourished condition. 16. Following the CT scan, it was determined that the mass identified in Mr. Fenton's sigmoid colon was an invasive adenocarcinoma. 17. On November 1, 2011, Dr. Griffiths performed a sigmoid colectomy and resection to remove the mass in Mr. Fenton's colon. 18. Although Mr. Fenton required surgical resection of his colon to remove the mass, surgical intervention was not required on an emergent basis and Mr. Fenton's hypoalbuminemia placed him at increased risk for tissue breakdown of the anastomosis and the abdominal wall. 19. On November 1, 2011, Dr. Griffiths completed a sigmoid colectomy to remove the mass in Mr. Fenton's colon, despite Mr. Fenton's malnourished condition. 20. Soon after the operation, Mr. Fenton developed a wound dehiscence. 21. By November 4, 2011, Mr. Fenton's wound dehiscence continued from his surgical incision despite frequent dressing changes and the use of Montgomery straps. 4 22. Despite significant continued drainage from his surgical wound, Mr. Fenton was never surgically re-explored nor was his abdominal incision treated with a wound vac. 23. According to the medical record, on November 5, 2011, Mr. Fenton continued to have odorous serosanguinous drainage from his surgical incision and the nurses specifically alerted Dr. Griffiths of Mr. Fenton's condition. 24. According to the medical record, on November 6, 2011, Mr. Fenton continued to have a large amount of odorous serosanguinous drainage from his surgical incision. 25. According to the medical record, on November 7, 2011, Mr. Fenton continued to have odorous serosanguinous drainage from his surgical incision which bled through all layers of his dressings. 26. According to the medical record, on November 9, 2011, around 11:30 a.m., Dr. Griffiths was informed of the very active odorous drainage from Mr. Fenton's surgical site and acknowledged that he was: "very aware of the drainage because [he was] called every day." 27. According to the medical record, on November 9, 2011, Dr. Griffiths presumed that Mr. Fenton had developed an anastomotic breakdown and sent him to Hershey Medical Center for further post operative management. 28. On November 9, 2011, Mr. Fenton was discharged from Carlisle Regional Medical Center and transferred to Hershey Medical Center with a discharge diagnosis of adenocarcinoma, refeeding syndrome, and fascial dehiscence. 29. Shortly after his admission to Hershey Medical Center, Mr. Fenton was taken to surgery for an exploratory laparotomy, wound vac placement, washout, and colonic resection. 30. According to the medical records from Hershey Medical Center, upon entering Mr. Fenton's abdomen, there was significant fecal peritonitis, copious amounts of liquid stool 5 floating freely in the abdomen with significant inflammatory reaction, and the sigmoid anastomosis was complete dehisced. 31. Despite the treatment provided to Mr. Fenton at Hershey Medical Center, Mr. Fenton was not able to survive the consequences of the significant fecal peritonitis and Mr. Fenton expired on November 17, 2011. 32. As a further result of the negligence of the defendants, Mr. Fenton required extensive medical treatment. 33. As further result of his injuries, Mr. Fenton required additional surgical procedures and medical treatment. 34. As a further result of the negligence of the defendants, Mr. Fenton underwent pain, suffering, and humiliation before his death. 35. As a further result of the negligence of defendants, Mr. Fenton suffered great mental anguish and distress, embarrassment, and humiliation. 36. As a further result of the negligence of defendants, Mr. Fenton died. 37. The injuries and death aforementioned were caused solely and exclusively as a result of the negligence and liability producing conduct of Defendants jointly and severally, their agents, servants and employees, and were due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 6 COUNT I -NEGLIGENCE Plaintiff v. Richard L. Griffiths, D.O. 38. Paragraphs 1 through 37 are hereby incorporated by reference as though fully set forth at length herein. 39. The negligent conduct of Defendant Richard L. Griffiths, D.O., consisted of the following: a. Failing to properly and timely diagnose and treat Kenneth L. Fenton's medical condition; b. Failing to properly and timely conduct appropriate examinations of Kenneth L. Fenton to formulate an appropriate diagnosis of his medical condition; c. Failing to conduct proper, timely, and appropriate diagnostic testing and studies of Kenneth L. Fenton to formulate an appropriate diagnosis of his medical condition; d. Failing to properly monitor Kenneth L. Fenton; e. Failing to properly interpret and act upon the diagnostic and laboratory studies ordered; f. Failing to advise Kenneth L. Fenton concerning the significance of his symptoms and risk factors; g. Failing to provide proper post operative care to Mr. Fenton; h. Failing to monitor and treat Mr. Fenton's malnourishment prior to surgery; i. Failing to account for surgical risks created by Mr. Fenton's malnourished condition; j. Providing deficient postoperative care to Kenneth Fenton; k. Failure to timely and properly treat Kenneth L. Fenton's post operative infection and dehiscence; 1. Failing to arrange for the necessary and required post-operative follow-up care and testing; 7 m. Failure to exercise the degree of care, skill and proficiency exercised by reasonably careful, skillful and prudent practitioners in the same specialty, acting under the same or similar circumstances; WHEREFORE, plaintiff demands damages against all defendants,jointly and severally, in a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs of suit and damages for delay. COUNT II -NEGLIGENCE Plaintiff v. The Kunkle Surgical Group. 40. Paragraphs 1 through 39 are hereby incorporated by reference as though set forth at length herein. 41. At all relevant times, Defendant The Kunkle Surgical Group, was acting individually, and/or through its agent, ostensible agent, servant and employee, Richard L. Griffiths, D.O., who was in turn acting within the course and scope of his employment under the direct supervision and control of the Defendant. 42. The Kunkle Surgical Group is vicariously liable for the acts, commissions, omissions of its agent, servant and/or employee, Richard L. Griffiths, D.O., set forth at length above and incorporated herein by reference, as though it had performed the acts or omissions itself. WHEREFORE, plaintiff demands damages against all defendants,jointly and severally, in a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs of suit and damages for delay. 8 COUNT III -NEGLIGENCE Plaintiff v. Carlisle HMA, LLC 43. Paragraphs 1 through 42 are hereby incorporated by reference as though set forth at length herein. 44. At all relevant times, Carlisle HMA, LLC, d/b/a/Carlisle Regional Medical Center, acted through its agent, apparent agent, servant, and/or employee, Richard Griffiths, D.O., in conjunction with the care and treatment rendered to decdent. 45. Defendant Carlisle HMA, LLC, is vicariously liable for the acts, commissions, and omissions of Richard Griffiths, D.O., its agent, servant and/or employee set forth at length above and incorporated herein by reference, as though it had performed the acts or omissions itself WHEREFORE, Plaintiff demands damages against all defendants,jointly and severally, in a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs of suit and damages for delay. COUNT IV-SURVIVAL ACTION Plaintiff v. All Defendants 46. All prior paragraphs are hereby incorporated by reference as though fully set forth at length herein. 47. Plaintiff, Susan A. Scott, brings this action on behalf of the Estate of decedent, under and pursuant to the Pennsylvania Survival Act, for damages for the pecuniary losses suffered by decedent's Estate during the period of his life expectancy, and for all other legally compensable expenses incurred in connection with decedent's illness. 9 WHEREFORE, plaintiff demands damages of defendants,jointly and/or severally, in an amount in excess of fifty-thousand dollars ($50,000.00), exclusive of interest, costs, and damages for pre judgment delay. Respectfully Submitted, Shrager, Spivey& Sachs By: (, R Bert L. Sachs, Jr. Jason A. Tucker l Attorneys for Plaintiff 10 81.ARlit"..-K-1.411;19N: SUSAN A. scurr,AdiiI± LIXrb f the Estate or 1<:enneth Fenton,:here:by:states that she is the (bregOing iLicsrt and that the:a*erinentsin:the fOregOiri:Et Complaint are title anti cottect.to the best of her knowledge., information Arid'belief. 'The.I uagi fid avertrimth.is.Thai of:counsel and:not:o.e.Plaititift.Plaintiff has read the.-C.omplaint tinti to the. eXtert.•that it-is.'based upon:ill:rozffirgion which she ha$.given .ft is 11.1g and oonvot. tø the-best.of1ci .knowi.e4g e inforamttoo and belief. To the-e.xterrt that the.lahguage of the rnpkwais ghat 6.1c44disc1, Altie Itiqking.this This:statententis made:stibj.ect o the penal iies:of 1:8: CS,:Sections:49O .relating.to vnsw.m.:liaisificatio.n to-authoritte$.. /.."( k / .• /1 Dale SCOTT Exhibit "A " REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY '1 GRANT OF LETTERS PENNSYLVANIA jr(: 't _` ADMINISTRATION y +'1 - No. 2011- 01315 PA No. 21- 11- 1315 • Es to to Of: KENNETH LEE FENTON • ` (First,Middle,Last) ■ N a/k/a: KENNETH L FENTON 1;• Late Of: CUMBER Y SPRINGS BOROUGH • ,it' Deceased -- ,,,,, ` Social Security No: 171-56-9548 WHEREAS, KENNETH LEE FENTON (F6s4 Middle,Last) a/k/a KENNETH L FENTON late of MT HOLLY SPRINGS BOROUGH CUMBERLAND COUNTY died on the 17th day of November 2011 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: SUSAN A SCOTT who has duly qualified as ADMINISTRATOR(RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 9th day of December 2011. i � ,( i\ (L';.��L;-t , 'L tr k . r- Rep ter of WI's. , cmc - ,It, ; ` Deputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) 4 ' WEBER GALLAGHER SIMPSON STAPLETON FIRES&NEWBY LLP Attorneys for Defendant, By: Marc T.Levin Carlisle HMA,LLC d/b/a ID#70294 Carlisle Regional Medical Center Caitlin J. Goodrich,Esquire ID#209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg,PA 17101 (717)237-6940 SUSAN A. SCOTT, Administratrix of COURT OF COMMON PLEAS c� the Estate of KENNETH LEE . CUMBERLAND COUNTY = FENTON, deceased rrl CIVIL ACTION =7a VS. Rr✓ • NO: 13-6255 < RICHARD GRIFFITHS, D.O., THE z� KUNKEL SURGICAL GROUP, AND CARLISLE HMA, LLC D/B/A � CARLISLE REGIONAL MEDICAL ... CENTER ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marc T. Levin, Esquire and Caitlin J. Goodrich, Esquire on behalf of Carlisle Regional Medical Center, in the above-captioned action. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: • Marc T. Levin, Esquire ID# 70294 By: I A Caitlin J. Goodrich, Esquire I ID#209256 DATE; /2,!/1'/13 CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Robert L. Sachs, Jr., Esquire 2005 Market Street Suite 2300 Philadelphia, PA 19103 Wiley P. Parker, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 The Kunkel Surgical Group 1211 Forge Road Carlisle, PA 17013 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, Esquire Attorney ID# 70294 DATE: i i/(13 1922352.doc DICKIE,MCCAMEY&CHILCOTE,P.C. BY:Thomas M.Chairs,Esquire ATTORNEY FOR:DEFENDANT ATTORNEY I.D.NO.78565 THE KUNKEL SURGICAL GROUP BY:Aaron S.Jayman,Esquire ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144(Fax) SUSAN A. SCOTT,ADMINISTRATRIX OF IN THE COURT OF COMMON PLEAS OF THE ESTATE OF KENNETH LE FENTON, CUMBERLAND COUNTY,PENNSYLVANIA DECEASED, NO. 13-6255 Plaintiff, M , MEDICAL MALPRACTICE ACTI� Vi' ` rr V. — RICHARD GRIFFITHS, D.O.; THE KUNKEL {O -v SURGICAL GROUP; and CARLISLE HMA, JURY TRIAL DEMANDED x� - ` LLC, d/b/a CARLISLE REGIONAL MEDICAL =a " CENTER„ Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Defendant, THE KUNKEL SURGICAL GROUP,in the above-captioned matter. Respectfully submitted, DICKIE,MCCAMEY&CHILCOTE, P.C. op OP Date:January 3, 2014 By: AA1AtAI1 Thoma . hairs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, THE KUNKEL SURGICAL GROUP 2 CERTIFICATE OF SERVICE AND NOW, January 3, 2014, I, Aaron S. Jayman, 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: By First-Class Mail: Jason A. Tucker, Esquire SHRAGER, SPIVEY&SACHS One Commerce Square Suite 2300 2005 Market Street Philadelphia, PA 19103-7042 (Counsel for Plaintiff) Robert L. Sachs, Jr., Esquire SHRAGER, SPIVEY&SACHS One Commerce Square Suite 2300 2005 Market Street Philadelphia, PA 19103-7042 (Counsel for Plaintiff) Wiley P. Parker, Esquire HENRY&BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Richard Griffiths, D.O.) Caitlin J. Goodrich, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 (Counsel for Defendant Carlisle Regional Medical Center) 44.11111.AA Aaron S.J w t, E.quire Ll 1GG . i F TIC; r¶ f3: 3 2 To: Plaintiffs �alfi of t You are hereby notified to plead FaT�� to the enclosed New Matter within C�CUMBERLAND twenty(20)days from service PENNSYLVAAlA hereof or a default judgment may be entered against you. 1 Marc T.Levin,Esquire Caitlin J. Goodrich,Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES&NEWBY LLP Attorneys for Defendant, By: Marc T.Levin Carlisle HMA,LLC d/b/a ID#70294 Carlisle Regional Medical Center Caitlin J.Goodrich,Esquire ID#209256 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg,PA 17101 (717)237-6940 SUSAN A. SCOTT, Administratrix of . COURT OF COMMON PLEAS the Estate of KENNETH LEE : CUMBERLAND COUNTY FENTON, deceased : CIVIL ACTION vs. : NO: 13-6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, AND CARLISLE HMA, LLC DB/A CARLISLE REGIONAL MEDICAL • CENTER •• • ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER OF DEFENDANT, CARLISLE HMA, LLC DB/A CARLISLE REGIONAL MEDICAL CENTER Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby answers Plaintiff's Complaint and avers as follows: 1. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the corresponding paragraphs of Plaintiff's Complaint. Moreover, the allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 2. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the corresponding paragraphs of Plaintiff's Complaint. Moreover, the allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 3. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the corresponding paragraphs of Plaintiff's Complaint. Moreover, the allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 4. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in the corresponding paragraphs of Plaintiff's Complaint. Moreover, the allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 5. Admitted. 6. Denied as stated. It is admitted only that Richard Griffiths, D.O. was an independent contractor who maintained hospital privileges at Carlisle HMA, LLC d/b/a Carlisle specifically denied and strict proof thereof is demanded at trial, if relevant. Furthermore, the remaining allegations contained in those paragraphs are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 32. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiffs decedent and in all respects conformed to accepted medical standards of care. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 33-37. Denied. Any and all allegations of negligence and/or carelessness are denied. On the contrary, Answering Defendant used proper and reasonable care and skill in its treatment of Plaintiffs decedent and in all respects conformed to accepted medical standards of care. By way of further response, Answering Defendant denies causing any harm or injury to Plaintiffs decedent. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. COUNT I—NEGLIGENCE PLAINTIFF V. RICHARD L. GRIFFITHS, D.O. 38. Answering Defendant incorporates by reference the answers to paragraphs 1 through 37, inclusive, as fully as though the same were set forth herein at length. 39. Denied. The averments contained in the corresponding paragraph of Plaintiffs Complaint are addressed to a Defendant other than the Answering Defendant herein. Therefore, Answering Defendant is advised that no further answer is required. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. COUNT II—NEGLIGENCE PLAINTIFF V. THE KUNKEL SURGICAL GROUP 40. Answering Defendant incorporates by reference the answers to paragraphs 1 through 39, inclusive, as fully as though the same were set forth herein at length. 41-42. Denied. The averments contained in the corresponding paragraphs of Plaintiff's Complaint are addressed to a Defendant other than the Answering Defendant herein. Therefore, Answering Defendant is advised that no further answer is required. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. COUNT III—NEGLIGENCE PLAINTIFF V. CARLISLE HMA,LLC 43. Answering Defendant incorporates by reference the answers to paragraphs 1 through 42, inclusive, as fully as though the same were set forth herein at length. 44. Denied as stated. It is admitted only that Richard Griffiths, D.O. was an independent contractor who maintained hospital privileges at Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. It is specifically denied that Dr. Griffiths was an agent, servant, and/or employee of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. All remaining allegations contained in the corresponding paragraph are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029(e). If relevant, specific proof of these allegations is demanded at trial. 45. Denied as stated. It is denied that Answering Defendant is vicariously liable for the actions and/or omissions of Richard Griffiths, D.O. Although Dr. Griffiths maintained hospital privileges at Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, it is denied that Dr. Griffiths was an agent, servant, and/or employee of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. All remaining allegations contained in the corresponding paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. COUNT IV—SURVIVAL ACTION PLAINTIFF V. CALL DEFENDANTS 46. Answering Defendant incorporates by reference the answers to paragraphs 1 through 45, inclusive, as fully as though the same were set forth herein at length. 47. Denied. The corresponding paragraph of Plaintiff's Complaint is denied as a conclusion of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading. WHEREFORE, Answering Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, demands judgment in its favor and against the Plaintiff, dismissing Plaintiff's Complaint together with an award of costs and disbursements incurred by Answering Defendant, including attorneys' fees together with such other relief in favor of Answering Defendant as this Honorable Court shall deem appropriate under the circumstances. NEW MATTER 48. Plaintiff's claims are barred by the Statute of Limitations at 42 Pa. C.S.A. Section 5524, in that this action was not commenced within two years from the time when the alleged injury was done. 49. Plaintiff has failed to plead facts sufficient to toll the applicable Statute of Limitations. 50. Answering Defendants at all times material hereto acted in a careful, reasonable, and prudent manner, consistent with the requisite Standards of Care which prevailed in the community at the time of the alleged occurrence. 51. Plaintiff's condition was pre-existing and/or the unfortunate outcome was likely despite any appropriate medical intervention by Answering Defendants herein. 52. Plaintiff failed to supply to Answering Defendants with a complete medical history upon which to formulate the most appropriate medical treatment. 53. Plaintiff's cause of action is barred in whole or reduced in part by the applicable doctrines of assumption of the risk, comparative negligence and/or contributory negligence. 54. If the Answering Defendants were negligent in any respect as alleged in the Complaint, all such allegations being specifically denied, said Defendant's negligence was passive, and the alleged damages sustained by the Plaintiff were the result of an intervening negligent act of a third person or persons, which was a superseding cause of Plaintiff's damages and,therefore,the Answering Defendants are not liable. 55. Plaintiff's claimed injuries, if proven true, were caused in whole or in part by entities and/or individuals over whom Answering Defendants neither had the right nor the ability to control. 56. Plaintiff's claimed injuries were caused in whole or in part by Plaintiff's failure to properly heed the instructions and/or warnings of Answering Defendants. 57. Plaintiff's cause of action is barred by the Equitable Doctrine of Latches. 58. Monetary damages sought, in the nature of either punitive or delay damage, are unconstitutional and/or violative of due process, equal protection and other constitutional standards. 59. Plaintiff's Complaint has failed to state a claim for which relief may be granted against Answering Defendants. 60. The Plaintiff's claim and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error Act (M-Care) 40 P.S. Sec. 1303.101, et seq., as amended. 61. The allegations of Plaintiff's Complaint do not state a claim against the Answering Defendants which would authorize or entitle Plaintiff to recover punitive or exemplary damages. 62. Plaintiff may have already entered into a release with other entities which has the effect of discharging Answering Defendants in this action. 63. Answering Defendants hereby plead the Mental Health Procedures Act, 50 P.S. §7114, and all other statutes under that Act as a full or partial defense to averments in Plaintiff's Complaint. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP ECG' By: Marc T. Levin, sq. Caitlin J. Goodrich, Esq. Attorney for Defendant, Carlisle HMA, LLC and Carlisle Regional Medical Center Date: i/p/ i`f VERIFICATION I, Matthew J. Lane, R.N., BSEd., Risk Manager of Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, verify that I am authorized to take this Verification on behalf of Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, and that the facts set forth in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to penalties of Pa. C.S.A. §4904 relating to unsworn falsification to authorities. LS TTHEW ,. LANE, R.N., BSEd. Dated: l 3 fr7 CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Robert L. Sachs, Jr., Esquire Jason A. Tucker, Esquire Shrager, Spivey& Sachs 2300 Once Commerce Square 2005 Market Street Philadelphia, PA 19103-7012 Wiley P. Parker, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey& Chilcoate, P.C. 425 North 21st Street Plaza 21, Suite 302 Camp Hill, PA 17011-2223 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: c..r�✓ Marc T. Levin, squire Attorney ID# 70294 DATE: / 0 ' /y SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 Attorneys for Plaintiff One Commerce Square, Suite 2300 2005 Market Street Philadelphia,Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY KENNETH LEE FENTON, deceased CIVIL ACTION 15 Pine Grove Road Gardners PA 17324 V. No. 13-6255 RICHARD GRIFFITHS, D.O. 1211 Forge Road ° Carlisle PA 17013 And THE KUNKEL SURGICAL GROUP 1211 Forge Road' r Carlisle PA 17013 And z c: = b� CD CARLISLE HMA, LLC, d/b/a --r C� CARLISLE REGIONAL MEDICAL CENTER : X1- 361 Alexander Spring Road Carlisle PA 17015 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT CARLISLE HMA, LLC D/B/A CARLISLE REGIONAL MEDICAL CENTER Plaintiff, by her attorneys, Shrager, Spivey & Sachs, hereby replies to the Defendant's New Matter, as follows: 48-49. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 50-51. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, to the extent any of the averments set forth are deemed to constitute facts,the same are denied and strict proof thereof is demanded at the time of trial. 52. Denied. By way of further response, defendants are the custodians of the very records they accuse Plaintiff of failing to produce. To the extent any of the averments set forth are deemed to constitute facts, the same are denied and strict proof thereof is demanded at the time of trial. 53. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required.By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 54-56. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, to the extent any of the averments set forth are deemed to constitute facts, the same are denied and strict proof thereof is demanded at the time of trial. 57. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 58-59. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. 60-61. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 62. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, to the extent any of the averments set forth are deemed to constitute facts,the same are denied and strict proof thereof is demanded at the time of trial. 63. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. WHEREFORE, plaintiff demands damages of the defendant as previously and specifically set forth in her Complaint. SHRAGER, SPIVEY& SACHS B � � Y• ason A. Tucker Attorney for Plaintiff Dated: ( 0 1 VERIFICATION I, Jason A Tucker,hereby aver that I am counsel for the plaintiff and that the averments set forth in the foregoing Plaintiff s Reply to New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unsworn falsifications to authorities. Dated aso A. Tucker 2 I 1945161.doc HONO 16 201ti FEB 18 -PPS 1: 09 DICKIE,MCCAMEY&CHILCOTE,P.C. BY:Thomas M.Chairs,Esquire CUNBEi l i itit l (�i ATTORNEY FOR:DEFENDANT ATTORNEY I.D.NO.78565 PENNSYLVANIA THE KUNKEL SURGICAL GROUP BY:Aaron S.Jayman,Esquire ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800(Tele) 888-811-7144(Fax) _ SUSAN A.SCOTT,ADMINISTRATRIX OF IN THE COURT OF COMMON PLEAS OF THE ESTATE OF KENNETH LE FENTON, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED, NO. 13-6255 Plaintiff, MEDICAL MALPRACTICE ACTION v. RICHARD GRIFFITHS,D.O.;THE KUNKEL SURGICAL GROUP;and CARLISLE HMA, JURY TRIAL DEMANDED LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER„ Defendants. STIPULATI N AND NOW COME the Plaintiff and Defendants, by and through their respective counsel, and hereby stipulate and agree that all "joint and several" language contained within Plaintiffs Complaint as it pertains to Defendant, The Kunkel Surgical Group, is stricken with prejudice. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Respe fully Submitted, By: By: J• on +.Tucker,Esquire Caitlin J.Goodrich,Esquire S ' :GER,SPIVEY&SACHS WEBER GALLAGHER SIMPSON STAPLETON 0 Commerce Square FIRES&NEWBY,LLP Suite 2300 2000 Market Street, 13th Floor 2005 Market Street Philadelphia,PA 19103 Philadelphia,PA 19103-7042 (Counsel for Defendant Carlisle Regional (Counsel for 1 Medical Cent-t) vit\ J By: _!4 By: Wiley P. Parker, Esquire Thomas 0 ai s,Esquire HENRY&BEAVER,LLP Aaron S. •yman,Esquire 937 Willow Street Dickie,McCamey&Chilcote,P.C. P.O.Box 1140 Plaza 21,Suite 302 Lebanon,PA 17042-1140 425 North 21st Street (Counsel for Richard Griffiths,D.O.) Camp Hill, PA 17011-2223 717-731-4800 (Counsel for Defendants,The Kunkel Surgical Group) 2 It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Respectfully Submitted, By: J on A.Tucker, Esquire Caitlin J. Goodrich, Esquire S -IR GER,SPIVEY&SACHS WEBER GALLAGHER SIMPSON STAPLETON On Commerce Square FIRES&NEWBY,LLP Suite 2300 2000 Market Street, 13th Floor 2005 Market Street Philadelphia, PA 19103 Philadelphia,PA 19103-7042 (Counsel for Defendant Carlisle Regional (Counsel for Plaintiff) Medical Center) By: By: Wiley P. Parker,Esquire Thomas M. Chairs, Esquire HENRY&BEAVER, LLP Aaron S.Jayman, Esquire 937 Willow Street Dickie, McCamey&Chilcote,P.C. P.O. Box 1140 Plaza 21,Suite 302 Lebanon,PA 17042-1140 425 North 21st Street (Counsel for Richard Griffiths,D.O.) Camp Hill, PA 17011-2223 717-731-4800 (Counsel for Defendants,The Kunkel Surgical Group) 2 CERTIFICATE OF SERVICE AND NOW, February 14, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing STIPULATION 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: By First-Class Mail: Jason A. Tucker, Esquire Robert L. Sachs,Jr., Esquire SHRAGER, SPIVEY&SACHS One Commerce Square Suite 2300 2005 Market Street Philadelphia, PA 19103-7042 (Counsel for Plaintiff) Wiley P. Parker, Esquire HENRY& BEAVER, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (Counsel for Richard Griffiths, D.O.) Caitlin J. Goodrich, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 (Counsel for Defendant Carlisle Regional Medical Center) '9 Aaron tit n, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, Esq. ID# 70294 Attorney for Defendant, By: Caitlin J. Goodrich Carlise HMA, LLC d/b/a ID# 209256 Carlisle Regional Medical Center Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 SUSAN A. SCOTT, Administratrix of , COURT OF COMMON PLEAS the Estate of KENNETH LEE : CUMBERLAND COUNTY FENTON, deceased CIVIL ACTION vs. : NO: 13-6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, AND CARLISLE HMA, LLC D/B/A CARLISLE REGIONAL MEDICAL CENTER STIPULATION AND NOW COME the Plaintiff and Defendants, by and through their respective counsel, and hereby stipulate and agree that all "joint and several" language contained within Plaintiff's Complaint as it pertains to Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, is stricken with prejudice. Z rr ' txr 5..- co is— C) t s r� w,t N) • It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By obert L. Sachs, Esquire Marc T. Levin, Esquire Jason A. Tucker, Esquire Caitlin J. Goodrich, Esquire Attorneys for Plaintiff Attorneys for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center By By Thomas M. Chairs, Esquire Wiley P. Parker, Esquire Aaron S. Jayman, Esquire Amy B. Leonard, Esquire Attorneys for Defendant, Attorneys for Defendant, The Kunkel Surgical Group Richard Griffiths, D.O. BY THE COURT: Date: J. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By By Robert L. Sachs, Esquire Marc T. Levin, Esquire Jason A. Tucker, Esquire Caitlin J. Goodrich, Esquire Attorneys for Plaintiff Attorneys for Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center re .1 0 By .g, , .// By Tho :it. airs, Esquire Wiley P. Parker, Esquire Aar i ayman, Esquire Amy B. Leonard, Esquire Attorneys for Defendant, Attorneys for Defendant, The Kunkel Surgical Group Richard Griffiths, D.O. BY THE COURT: Date: J. It is hereby agreed by counsel for the parties that this Stipulation may be executed in any number or telecopied counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. B 1� �_i By d R bent L. Sachs,Esquire Marc T.Levin,Esquire J son A.Tucker,Esquire Caitlin J. Goodrich,Esquire ttorneys for Plaintiff Attorneys for Defendant, Carlisle HMA,LLC d/b/a Carlisle Regional Medical Center .... 1:1161/4 By By _.._._. Wiley P -Esquire Attorneys for Defendant, Amy B`Leonard,Esquire The Kunkel Surgical Group Attorneys for Defendant, Richard Griffiths,D.O. BY THE CO •T Date: 14 1 Lf V J. Thomas A.Placey Common Pleas Judge eari.e.g fil-At Id- C") .; ()4 I.y A -.) �- °, A4-11 R.. t./Q. � �, v=Cis r A4! 1 w. a/Iy/f y 4-7-ier) CERTIFICATE OF SERVICE I, Marc T. Levin, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, hereby certify that I am serving a true and correct copy of the foregoing document on the following: Robert L. Sachs, Jr., Esquire Jason A. Tucker, Esquire Shrager, Spivey & Sachs 2300 Once Commerce Square 2005 Market Street Philadelphia, PA 19103-7012 Wiley P. Parker, Esquire Henry &Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcoate, P.C. 425 North 21st Street Plaza 21, Suite 302 Camp Hill, PA 17011-2223 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Marc T. Levin, Esquire Attorney ID# 70294 DATE: aZ1G/l`f SUSAN A. SCOTT,ADMINISTRATRIX OF IN THE COURT OF COMMON PLEAS OF THE ESTATE OF KENNETH LE FENTON, CUMBERLAND COUNTY,PENNSYLVANIA DECEASED, NO. 13-6255 Plaintiff, MEDICAL MALPRACTICE ACTION v. RICHARD GRIFFITHS, D.O.; THE KUNKEL SURGICAL GROUP; and CARLISLE HMA, JURY TRIAL DEMANDED LLC,d/b/a CARLISLE REGIONAL MEDICAL CENTER„ Defendants. ORDER AND NOW this 4-I day f CeitOV1/4-X-c-g.41, 2014, u on consideration of the y p Stipulation of Counsel attached hereto, the Court hereby adopts the Stipulation as an Order of Court. All "joint and several" language contained within Plaintiffs Complaint as it pertains to Defendant,The Kunkel Surgical Group, is stricken with prejudice. BY THE COURT: tif J. Thomas A. Placey Common Pleas Judge DISTRIBUTION: �' a r -i cv on S. Jayman, Esquire =rn r- Caitlin J. Goodrich, Esquire 1/iley P. Parker, Esquire r- �; -bert L. Sachs,Jr., Esquire on A. Tucker, Esquire cp It! ca I SS' /?G31'ltd.. r\> SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TKE 1-)10T1ONOTA0 2014 MAR 17 AN 11: 32 CUt-iBERL A ,10 COUNTY PENNSYLVARARorneys for Plaintiff SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased v. RICHARD GRIFFITHS, D.O. And THE KUNKEL SURGICAL GROUP And CARLISLE HMA, LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13-6255 PLAINTIFF'S MOTION COMPEL DEFENDANT RICHARD GRIFFITHS'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS 1 On December 2, 2013, Plaintiff filed a Civil Action Complaint against Defendants, Richard Griffiths, D.O., the Kunkle Surgical Group., and Carlisle Regional Medical Center. 2. On December 16, 2013, counsel for plaintiff served all defendants with Interrogatories, Requests for the Production of Documents. A copy of Plaintiff's letter to Defendants is attached hereto as Exhibit "A." 3 On February 27, 2014, counsel for Plaintiff sent a letter to Defense counsel for Richard Griffiths, D.O. informing him that it had been in excess of thirty days (30) since he had been served with discovery and defendant had failed to provide answers to Plaintiff's discovery requests. A copy of the letter is attached hereto as Exhibit "B." 4. Despite Plaintiff s attempts to get answers to his discovery requests, as of the date of this filing, Defendants have provided no answers to Plaintiff's discovery requests. 5. Plaintiff seeks to complete discovery within the Court ordered deadlines and in a manner which will not continue to delay her right to be heard in Court. 6. Plaintiff respectfully requests that this Honorable Court order that the Defendant produce answers to its Interrogatories and Requests for Production of Documents within ten (10) days from the entry of this Order so that Plaintiff can complete discovery in a timely manner and in compliance with all applicable deadlines 7. Plaintiff has been prejudiced in the preparation of her case by this delay and continues to be prejudiced by Defendant's failure to respond to Plaintiff's discovery requests. Plaintiff will continue to be prejudiced if Defendant does not provide responses to Plaintiff s discovery requests. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order granting Plaintiff's Motion to Compel the production of Defendant's Answers to Plaintiff's discovery. Date: S/14(1 SHAGER, SPIVEY & SACHS on A. Tucker orney for Plaintiff VERIFICATION I, Jason A Tucker, hereby aver that I am counsel for the Plaintiff and that the averments set forth in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unsworn falsifications to authorities. SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Number: 41355/312054 One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased v. RICHARD GRIFFITHS, D.O. And THE KUNKEL SURGICAL GROUP And CARLISLE HMA, LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER : Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13-6255 CERTIFICATE OF SERVICE I hereby certify that on this 14th day of March, 2014, a true and correct copy of Plaintiff s Motion to Compel the production of Defendant's Answers to Plaintiff's discovery was served via U.S. mail to the following persons: Wiley Parker, Esquire HENRY & BEAVER 937 Willow Street Lebanon PA 17042 Thomas Chairs, Esquire Dickie McCamey 425 North 21st Street Plaza 21, Suite 302 Camp Hill PA 17011 Marc T. Levin, Esquire WEBER GALLAGHER 200 North Third Street, Ste. 9A Harrisburg PA 17101 Date: y/11 1 By: n A. Tucker orney for Plaintiffs WAYNE R. SPIVEY *ROBERT L. SACHS, JR. MARYBETH S. CHRISTIANSEN CHARLES J. GALVIN JASON A. TUCKER *also member New Jersey D Marc T. Levin, Esquire WEBER GALLAGHER 200 North Third Street, Ste, 9A Harrisburg PA .17101 Shrager Spivey Sachs ATTORNEYS AT LAW DAVID S. SHRAGER 1935-2005 2300 ONE COMMERCE SQUARE 2005 MARKET STREET PHILADELPHIA, PA 19103-7012 215) 568-7771 (215) 568.7495 fax www.shragerlaw.com December 16, 2013 Wiley P. Parker, Esquire HENRY BEAVER . 937 Willow Street Lebanon PA 17042 Re: Est. Kenneth Fenton v. Richard Griffiths, D.O., et al Cumberland Co. Court of Common Pleas; No. 13-6255 Dear Counsel: Enclosed please find the following: 1. Interrogatories propounded by Plaintiff for Answer by Defendant Richard Griffiths, D.O.; 2, Interrogatories propounded by Plaintiff for Answer by Defendant The Kunkel Surgical Group; 3. Interrogatories propounded by Plaintiff for Answer by Defendant Carlisle HMA, LLC, d/b/a Carlisle Regional Medical Center; and • 4. Request for Production of Documents Propounded by Plaintiff to All Defendants. Please respond according to Pennsylvania Rules of Civil Procedure. Very truly yours, JAT/kk Enclosures 12-0597-01 41,5074 • / SON A. TUCKER 2 0 WAYNE R. SPIVEY *ROBERT L. SACHS, JR. MARYBETH S. CH.RISTIANSEN * CHARLES J. GALVIN * JASON A. TUCKER *also member New Jersey Bar Wiley P. Parker, Esquire HENRY & BEAVER 937 Willow Street PO Box 1140 Lebanon PA 17042 Shrager Spivey Sachs ATTORNEYS AT lAW DAVID S. SHRAGER 1935-2005 2300 ONE COMMERCE SQUARE 2005 MARKET STREET PHILADELPHIA, PA 19103-7012 (215) 568-7771 (215) 568-7495 fax v vw.sbragerlaw.com February 27, 2014 Re: Est. Kenneth Fenton v. Richard Griffiths, D.O., et al. Cumberland Co. Court of Common Pleas; No. 13-6255 Dear Mr. Parker: Please note that answers to Plaintiff s discovery, served on your clients on December 16, 2013, is overdue. If we do not receive Dr. Griffith's answers on or before March 14, 2014 we will seek the assistance of the Court in this matter. Also, please contact my office with dates the week of May 19, 2014 when Dr. Griffiths is available for deposition. Very truly yours, JAT/kk Cc: Mark Levin, Esquire Thomas Chairs, Esquire 12-0597-01 SON A. TUCKER HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 By: Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorneys for Richard Griffiths, 0.0 E lt F.D-OFFICE OF tHE 'PROTHONOTARY 20itdiAR 2 I AM 11: 30 CUMBERLAND COUNTY PENNSYLVANIA • ORIGINAL SUSAN A. SCOTT, ADMINISTRATRIX : IN THE COURT OF COMMON PLEAS OF EST. OF KENNETH LEE FENTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW V. : ACTION NO. 13-6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, CARLISLE HMA, LLA, d/b/a CARLISLE REGIONAL MEDICAL CENTER, Defendants NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the New Matter set forth herein, and to defend the action. You have twenty (20) days in which to file a responsive pleading. Failure to respond waives proper defenses or objections. HENRY & BEAVER LLP By: P. PAR squire I.D. #20653■ 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Richard Griffiths, D.O. HENRY & BEAVER LLP By: Wiley P. Parker, Esquire Identification No. 20653 By: Amy B. Leonard, Esquire Identification No. 93526 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorneys for Richard Griffiths, D.O. SUSAN A. SCOTT, ADMINISTRATRIX : IN THE COURT OF COMMON PLEAS OF EST. OF KENNETH LEE FENTON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : ACTION NO. 13 -6255 RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, CARLISLE HMA,. LLA, d /b /a CARLISLE REGIONAL MEDICAL CENTER, Defendants ANSWER AND NEW MATTER OF DEFENDANT, RICHARD GRIFFITHS, D.O., TO PLAINTIFF'S COMPLAINT 1. Admitted on information and belief. By way of further response, Exhibit `A' is a written document which speaks for itself. 2. Admitted. 3. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. 4. Admitted. 5. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. 6. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. 7. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. 8. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. 9. Admitted in part, denied in part. It is admitted that this is a professional liability claim. It is denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. FACTUAL BACKGROUND 10. Admitted in part, denied in part. It is admitted that Mr. Fenton presented to Carlisle Regional Medical Center in October 2011. Mr. Fenton's condition upon presentation is reflected in the medical records, which, as written documents, speak for themselves. 11.Admitted in part, denied in part. It is admitted that Mr. Fenton's medical history included cerebral palsy. By way of further response, Mr. Fenton's medical 2 history is reflected in the medical records, which, as written documents, speak for themselves. 12. Admitted. 13.Admitted in part, denied in part. It is admitted that Mr. Fenton was found to have a mass in the sigmoid colon. By way of further response, Mr. Fenton's condition and the details of any evaluation are reflected in the medical records, which, as written documents, speak for themselves. 14. Denied as stated. Mr. Fenton's condition and the results of any testing are reflected in the medical records, which, as written documents, speak for themselves. 15. Denied. Paragraph 15 is denied in accordance with the provisions of Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 16. Denied as stated. The details of Mr. Fenton's condition and diagnosis are reflected in the medical records, which, as written documents, speak for themselves. 17.Admitted in part, denied in part. It is admitted that on November 1, 2011, Dr. Griffiths performed a sigmoid colectomy and resection. The purposes and reasons related to the surgical procedures are reflected in the medical records, which, as written documents, speak for themselves. 18. Denied as a conclusion of law and in accordance with the provisions of Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 19. Admitted in part, denied in part. It is admitted that on November 1, 2011, Dr. Griffiths performed a sigmoid colectomy. The circumstances surrounding the surgical procedure are reflected in the medical records, which, as written documents, speak for 3 themselves. The remainder of this paragraph is denied in accordance with the provisions of Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 20. Denied as stated. The circumstances and timing of any wound dehiscence are reflected in the medical records, which, as written documents, speak for themselves. 21. Denied as stated. Mr. Fenton's condition and treatment are reflected in the medical records, which, as written documents, speak for themselves. 22.Admitted in part, denied in part. It is admitted that there was no surgical re- exploration. Mr. Fenton's condition and treatment are reflected in the medical records, which, as written documents, speak for themselves. 23. Denied as stated. Mr. Fenton's condition, as well as the communication between healthcare providers, is reflected in the medical records, which, as written documents, speak for themselves. 24. Denied as stated. Mr. Fenton's condition is reflected in the medical records, which, as written documents, speak for themselves. 25. Denied as stated. Mr. Fenton's condition is reflected in the medical records, which, as written documents, speak for themselves. 26. Denied as stated. Mr. Fenton's condition is reflected in the medical records, which, as written documents, speak for themselves. 27. Denied as stated. Mr. Fenton's condition is reflected in the medical records, which, as written documents, speak for themselves. 28.Admitted in part, denied in part. It is admitted that Mr. Fenton was discharged from Carlisle Regional Medical Center. The details of his transfer and his discharge diagnoses are reflected in the medical records, which, as written documents, speak for themselves. 29. After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averment in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant. 30.After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averment in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant. 31.After reasonable investigation, Answering Defendants are without sufficient information to form a belief as to the truth of such averment in that the means of proof are solely within the control of an adverse party, namely Plaintiff, and, as such, strict proof thereof is demanded at trial, if relevant. 32. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. 33. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. 34. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. 5 35. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. 36. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. 37. Denied. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. COUNT I — NEGLIGENCE Plaintiff v. Richard L. Griffiths, D.O. 38. The responses to Paragraphs 1 through 37 above are incorporated herein by reference as though fully set forth. 39. It is specifically denied that Answering Defendant was negligent in any regard. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. a. — m. These allegations are denied in accordance with the provisions of Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed. 6 COUNT II — NEGLIGENCE Plaintiff v. The Kunkle Surgical Group 40. The responses to Paragraphs 1 through 39 above are incorporated herein by reference as though fully set forth. 41.- 42. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed. COUNT III — NEGLIGENCE Plaintiff v. Carlisle HMA, LLC 43.The responses to Paragraphs 1 through 42'above are incorporated herein by reference as though fully set forth. 44.— 45. These allegations are directed against a Defendant other than Answering Defendants and, as such, no responsive pleading is required. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed. COUNT IV — SURVIVAL ACTION Plaintiff v. All Defendants 46. The responses to Paragraphs 1 through 45 above are incorporated herein by reference as though fully set forth. 47. Admitted in part, denied in part. It is admitted that Plaintiff brings the action on behalf of the Estate of decedent pursuant to the Pennsylvania Survival Act. It is 7 denied that any proper basis exists for said filing. It is further denied that Plaintiff has suffered any loss, injury, or damage by reason of any action or inaction on the part of Answering Defendant. WHEREFORE, Answering Defendants demand that Plaintiffs' Complaint be dismissed. NEW MATTER 48. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 49.At all times material hereto, Answering Defendant provided full, complete, proper, reasonable and adequate care and treatment in accordance with the applicable standard of care. 50. No conduct on the part of Answering Defendant was a substantial factor or factual cause of any harm alleged by Plaintiff. 51. Plaintiff may not have properly mitigated damages. 52. Plaintiffs alleged loss, injury, or damage, if any, may be the result of natural or unknown causes, and not the result of any action or inaction on the part of Answering Defendant. 53. In the event Plaintiff suffered any loss, injury, or damage alleged in the Complaint, said damages may have been caused by the conduct of others whom Answering Defendant had no right, duty, or ability to control. 54. Plaintiffs alleged loss, injury, or damage, if any, may be the result of Plaintiffs disease process and not the result of any action or inaction on the part of Defendant. 8 55. Plaintiffs claims and/or request for damages may be barred or limited pursuant to the provisions of the Health Care Services Malpractice Act of 1975 (40 P.S. §1301.1-1 et seq. as amended). 56. Plaintiffs claims or assertion of damages may be barred in whole or in part or limited by the provisions of The Medical Care Availability and Reduction of Error Act (40 P.S. §1301.1 et seq.). 57. Answering Defendant may be entitled to the benefit of and incorporate herein by reference defenses contained in The Federal Health Care Quality Improvement Act (P.L. 99-660). 58. Plaintiffs claims may be barred in whole or in part pursuant to the doctrines of res judicata or collateral estoppel, to the extent that they apply to this action. 59. Plaintiffs claims may be barred or reduced in whole or in part by reason of Plaintiffs comparative and/or contributory negligence or assumption of the risk. 60. Plaintiffs claims may be subject to and thus barred or limited by the application of the "two schools of thought" doctrine. 9 WHEREFORE, Answering Defendant, Richard L. Griffiths, D.O., demands that Plaintiffs Complaint be dismissed. HENRY & BEAVER LLP By: WILEY P. PARKER, Esquire I.D. #20653 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 (Phone) (717) 274 -6782 (Fax) parker @henrybeaver.com Attorney for Richard Griffiths, D.O. 10 VERIFICATION I verify that the statements made in this Answer and New Matter to Plaintiffs Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Wiley P. Parker, Esquire, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Answer and New Matter of Defendant, Richard L. Griffiths, D.O., upon the following person(s) on 2014 in the manner specified below: N'orcti 19 , Name Manner of Service Robert L. Sachs, Jr., Esquire 2005 Market Street, Suite 2300 Philadelphia, PA 19103 Marc T. Levin, Esquire Caitlin J. Goodrich, Esquire WEBER GALLAGHER Fulton Bank Building 200 North Third Street Suite 9A Harrisburg, PA 17101 Aaron S. Jayman, Esquire DICKIE McCAMEY Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Date: Much t9 , 2014 First -Class Mail First -Class Mail First -Class Mail SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased, Plaintiff v. RICHARD GRIFFITHS, D.O., THE KUNKEL SURGICAL GROUP, and CARLISLE HMA, LLC, d /b /a CARLISLE REGIONAL MEDICAL CENTER, Defendant Conntp of dumberinnb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013 -06255 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT RICHARD GRIFFITHS' ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS .+ ORDER OF COURT AND NOW, this 2 ` day of March 2014, upon consideration of Plaintiff's Motion to Compel Defendant Richard Griffiths' Answers to Plaintiff's Interrogatories and Requests for Production of Documents, a RULE is issued upon Defendant to show cause why Plaintiff's motion should not be granted. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service. BY THE f'URT, Thomas A. Placey vD'stribution: ason A. Tucker, Esq. ./Wiley Parker, Esq. mas Chairs, Esq. /Marc T. Levin, Esq,. rn,u t lam, olefrf -r CO CD t- C SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr. /Jason A. Tucker Identification Number: 41355/312054 One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568 -7771 SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased 15 Pine Grove Road Gardners PA 17324 v. RICHARD GRIFFITHS, D.O. 1211 Forge Road Carlisle PA 17013 And THE KUNKEL SURGICAL GROUP 1211 Forge Road Carlisle PA 17013 And CARLISLE HMA, LLC, d/b /a CARLISLE REGIONAL MEDICAL CENTER : 361 Alexander Spring Road Carlisle PA 17015 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13 -6255 ice. PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT RICHARD GRIFFITHS, D.O. Plaintiff, by her attorneys, Shrager, Spivey & Sachs, hereby replies to the Defendant's New Matter, as follows: 48. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. 49. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, to the extent any of the averments set forth are deemed to constitute facts, the same are denied and strict proof thereof is demanded at the time of trial. 50. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. 51. Denied. The averments of this paragraph are denied as,conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 52. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. To the extent any of the averments set forth are deemed to constitute facts, the same are denied and strict proof thereof is demanded at the time of trial. 53. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 54. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. To the extent any of the averments set forth are deemed to constitute facts, the same are denied and strict proof thereof is demanded at the time of trial. 55. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. • 56. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 57. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 58. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 59. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. 60. Denied. The averments of this paragraph are denied as conclusions of law to which no responses are required. By way of further response, Plaintiff specifically denies that there is any applicable bar or limitation to her recovery. WHEREFORE, Plaintiff demands damages of the defendant as previously and specifically set forth in her Complaint. SHRAGER, SPIVEY & SACHS ason A. Tucker Attorney for Plaintiff VERIFICATION I, Jason A Tucker, hereby aver that I am counsel for the plaintiff and that the averments set forth in the foregoing Plaintiffs Reply to New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unsworn falsifications to authorities. SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr. /Jason A. Tucker Identification Number: 41355/312054 One Commerce Square, Suite 2300 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568 -7771 SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased v. RICHARD GRIFFITHS, D.O. And THE KUNKEL SURGICAL GROUP And CARLISLE HMA, LLC, d /b /a CARLISLE REGIONAL MEDICAL CENTER : Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13 -6255 CERTIFICATE OF SERVICE I hereby certify that on this 25" day of March, 2014, a true and correct copy of Plaintiff's Reply to Defendant Richard Griffiths, D.O.'s Answer and New Matter was served via U.S. mail to the following persons: Wiley Parker, Esquire HENRY & BEAVER 937 Willow Street Lebanon PA 17042 Thomas Chairs, Esquire Dickie McCamey 425 North 21st Street Plaza 21, Suite 302 Camp Hill PA 17011 Marc T. Levin, Esquire WEBER GALLAGHER 200 North Third Street, Ste. 9A Harrisburg PA 17101 Date: Z ( i By: (2-)--..___ n A. Tucker orney for Plaintiffs CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) - VS CARLISLE REGIONAL MEDICAL CENTER, ET AL. Court of Common Pleas Cumberland County No. 13 -6255 14- 02225J R As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of MARC LEVIN, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was /were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is /are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is /are identical to the subpoena(s) which is /are attached to the notice of intent to serve the subpoena(s). DATE: 4/15/2014 MARC LEVIN, ESQUIRE Counsel for Defendant CLLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) VS. CARLISLE REGIONAL MEDICAL No. 13 -6255 CENTER, ET AL. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ROBERT L. SACHS, JR., ESQUIRE SHRAGER, SPIVEY & SACHS 2005 MARKET STREET, STE. 2300 PHILADELPHIA, PA 19103 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to KENNETH LEE FENTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 26, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CCLR • • • • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE FENTON CCLR File NO. 14- 02225JR (SUSAN SCOTT) vs. CARLISLE REGIONAL MEDICAL CENTER, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/26/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 4/15/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) ROBERT L. SACHS, JR., ESQUIRE SHRAGER, SPIVEY & SACHS 2005 MARKET STREET, STE. 2300 PHILADELPHIA, PA 19103 CCLR . • • . Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CARLISLE REGIONAL MEDICAL No. 13 -6255 CENTER, ET AL. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS WILEY P. PARKER, ESQUIRE HENRY & BEAVER LAW FIRM 937 WILLOW STREET PO BOX 1140 LEBANON, PA 17042 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to KENNETH LEE FENTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 26, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE FENTON CCLR File NO. 14- 02225JR (SUSAN SCOTT) vs. CARLISLE REGIONAL MEDICAL CENTER, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/26/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 4/15/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) WILEY P. PARKER, ESQUIRE HENRY & BEAVER LAW FIRM 937 WILLOW STREET PO BOX 1140 LEBANON, PA 17042 Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE IN THE COURT OF COMMON PLEAS FENTON (SUSAN SCOTT) VS. CARLISLE REGIONAL MEDICAL No. 13 -6255 CENTER, ET AL. CUMBERLAND COUNTY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS THOMAS CHAIRS, ESQUIRE DICKIE, MCCAMEY & CHILCOTE PLAZA 21, SUITE 302 425 N. 21ST STREET CAMP HILL, PA 17011 -2223 Please take notice there has been a request by MARC LEVIN, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to KENNETH LEE FENTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 26, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CCLR . • . Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 Online Services www.cclrinc.com ESTATE OF KENNETH LEE FENTON CCLR File NO. 14- 02225JR (SUSAN SCOTT) VS. CARLISLE REGIONAL MEDICAL CENTER, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/26/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X -Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date /time stamped filing needs to be sent to Center City Legal Reproductions prior to 4/15/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees /Per Location Administrative Fee $17.00 Pages 1 -20 $.95 Pages 21 -60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) THOMAS CHAIRS, ESQUIRE DICKIE, MCCAMEY & CHILCOTE PLAZA 21, SUITE 302 425 N. 21ST STREET CAMP HILL, PA 17011 -2223 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) Plaintiff : File No. 1 3 - 6 2 5 5 VS. CARLISLE REGIONAL MEDICAL : CENTER Defendant TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED A.T FIEXEQUEST OF THE FOLLOWING PERSON: ADDRESS- 115 Wantit Street, Ste. 601 1,K, NAME: MARC LEVIN, 3 Es.olu R Philadelphia, PA 19107 2i5.732-1177 32-1177 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDANT . Date: Seal of the Ceiirt BY THE COURT: Pro ori.ry, Civil Di ision Deputy CCLR • • ■ • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 02225JR * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: DEPARTMENT OF PUBLIC WELFARE - BUREAU OF FINANCIAL OPER. Re: KENNETH LEE FENTON ANY AND ALL RECORDS, REPORTS, DOCUMENTS, ANY WRITTEN INFORMATION PERTAINING TO KENNETH LEE FENTON; DOA: 10/24/2013. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/31/1960) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) Plaintiff .: File No. 13-6255 VS. CARLISLE REGIONAL MEDICAL CENTER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER — MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ** *SEE ATTACHED ADDENDUM * ** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE ADDRESS: Street, Ste. 601 TELEPHONE: :, ;a v PA 19107 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT • • €... T% Date: J Li 2j gloly Seal of the Court BY THE COURT: Pro onotary, Civil Division Deputy Viz Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 02225JR * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: HERSHEY MEDICAL CENTER - MEDICAL RECORDS DEPT. Re: KENNETH LEE FENTON ANY AND ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO KENNETH LEE FENTON. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/31/1960) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) Plaintiff .. File No. 1 3 - 6 2 5 5 CARLISLE REGINA MEDICAL CENTER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:HERSHEY MEDICAL CENTER— PATIENT BILLING DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MARC LEVIN, ESQUIRE_ ADDRESS: TELEPHONE: a aaa.. - reef, Ste. 601 Philadelphia, PA 19107 177 SUPREME COURT ID # ATTORNEY FOR: Date: BY THE CCU Prothonotary, Civil Difrision Deputy Ada.. CLLR • • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 02225JR * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: HERSHEY MEDICAL CENTER - PATIENT BILLING DEPT Re: KENNETH LEE FENTON ANY AND ALL BILLING RECORDS, INVOICES, PAYMENTS, RECEIPTS, PERTAINING TO KENNETH LEE FENTON. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/31/1960) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) Plaintiff. File No. CARLISLE REGIONAL MEDICAL ' CENTER ET AL Defendant 1 3 — 6 2 5 5 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To:HERSHEY MEDICAL CENTER—RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at .CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS,ISSUED-AT THE REQUEST OF THE FOLLOWING PERSON: NAME, MARC LEVIN. ESQUIRE ADDRESS: CLR, Inc. 1315 Walnut Street, -te. 601 TELEPHONE: Philadelphia, PA 19107 SUPREME COURT ID # ATTORNEY FOR: Date: ti,115;1;2- 1177 BYTFIE 0 Prothonotary, Civil Di sion Seal of the �urt Deputy „gm. CLLR . . • • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 02225JR * * * * * * * * * * * * * * * * * * * * * * * * ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: HERSHEY MEDICAL CENTER - RADIOLOGY FILE ROOM Re: KENNETH LEE FENTON ANY AND ALL FILMS, MRI'S, CAT SCANS, X -RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO KENNETH LEE FENTON. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/31/1960) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF KENNETH LEE FENTON (SUSAN SCOTT) Plaintiff. File No. 13-6255 Vs. CARLISLE REGIONAL MEDICAL CENTER ET AL Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To:MEDICARE-NOVITSA SOLUTIONS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WASetyrAtATI.117 REQUEST OF THE FOLLOWING PERSON: NAME: MA? mot S* IRE S ADDRESS: te. 601 Philadelphia, PA 19107 215=7324177 TELEPHONE: SUPREME COURT ID ft ATTORNEY FOR: DEFENDANT Da Seal of the ourt BY THE. I T: ary, Civil Division Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732 -1177 fax (215)732 -5637 CCLR File No. 14- 02225JR * * * *** * ***** * * * **** ***** ** ADDENDUM TO SUBPOENA * * * * * * * * * * * * * * * * * * * * * * * * ** To: MEDICARE - NOVITSA SOLUTIONS Re: KENNETH LEE FENTON ANY AND ALL RECORDS, REPORTS, DOCUMENTS, ANY WRITTEN INFORMATION PERTAINING TO KENNETH LEE FENTON. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 10/31/1960) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANT THE KUNKEL SURGICAL GROUP SUSAN A. SCOTT, ADMINISTRATRIX OF THE ESTATE OF KENNETH LE FENTON, DECEASED, Plaintiff, V. RICHARD GRIFFITHS, D.O.; THE KUNKEL SURGICAL GROUP; and CARLISLE HMA, LLC, d/b/a CARLISLE REGIONAL MEDICAL CENTER„ Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) c= NO. 13-6255 r-n MEDICAL MALPRACTICE ACTICrie 2. JURY TRIAL DEMANDED CUD NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: May 29, 2014 By: Aaron S. J Attorney f ,l squire endant, The Kunkel Surgical Group DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717 - 731 -4800 (Tele) 888 - 811 -7144 (Fax) ATTORNEY FOR: DEFENDANT THE KUNKEL SURGICAL GROUP SUSAN A. SCOTT, ADMINISTRATRIX OF THE ESTATE OF KENNETH LE FENTON, DECEASED, Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 -6255 MEDICAL MALPRACTICE ACTION RICHARD GRIFFITHS, D.O.; THE KUNKEL SURGICAL GROUP; and CARLISLE HMA, JURY TRIAL DEMANDED LLC, d /b /a CARLISLE REGIONAL MEDICAL CENTER„ Defendants. ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT FILED ON BEHALF OF DEFENDANT. THE KUNKEL SURGICAL GROUP AND NOW, comes Defendant, THE KUNKEL SURGICAL GROUP (Answering Defendant), by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within Answer with New Matter as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in the paragraph and demands strict proof thereof at the time of trial. 2. This paragraph does not pertain to Answering Defendant and no further response is required. 3. Admitted in part, denied in part. It is admitted that an office is maintained for Answering Defendant located at 1211 Forge Road, Carlisle, PA 17013. The remaining allegations are denied as conclusions of law to which no responsive pleading is required. 4. Denied. At all times pertinent hereto, Defendant Richard Griffiths, D.O. was employed by Spirit Physician Services, Inc. The remaining allegations are denied as conclusions of law to which no responsive pleading is required and strict proof is demanded at the time of trial. 5. This paragraph does not pertain to Answering Defendant and no response is required. 6. This paragraph does not pertain to Answering Defendant and no response is required. 7. This paragraph does not pertain to Answering Defendant and no response is required. 8. This paragraph does not pertain to Answering Defendant and no response is required. 9. Denied as a conclusion of law to no responsive pleading is required and strict proof thereof is demanded at the time of trial. FACTUAL BACKGROUND 10. -31. Denied generally pursuant to Pa.R.C.P. 1029(e). 32. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). 33. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). 34. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). 35. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). 36. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). 37. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of facts, they are denied generally pursuant to Pa.R.C.P. 1029(e). COUNT I 38. -39. These paragraphs of Plaintiff's Complaint do not pertain to Answering Defendant and no further response is required. WHEREFORE, Answering Defendant, The Kunkel Surgical Group, demands judgment in its favor and against Plaintiff with all allowable costs and attorney's fees. COUNT II 40. Paragraphs 1 through 39 as set forth above are incorporated herein by reference as set forth fully herein. 41. Denied. At all times pertinent hereto, Defendant Richard Griffiths, D.O. was employed by Spirit Physician Services, Inc. The remaining allegations are denied as conclusions of law to which no responsive pleading is required and strict proof is demanded at the time of trial. 42. Denied as a conclusion of law to which no responsive pleading is required and strict proof is demanded at the time of trial. To the extent a response is deemed necessary, Defendant, Richard Griffiths, D.O., was employed by Spirit Physician Services, Inc., not Answering Defendant. WHEREFORE, Answering Defendant, The Kunkel Surgical Group, demands judgment in its favor and against Plaintiff with all allowable costs and attorney's fees. COUNT III 43. -45. These paragraphs of Plaintiffs Complaint do not pertain to Answering Defendant and no further response is required. WHEREFORE, Answering Defendant, The Kunkel Surgical Group, demands judgment in its favor and against Plaintiff with all allowable costs and attorney's fees. COUNT IV 46. Paragraphs 1 through 45 as set forth above are incorporated herein by reference as set forth fully herein. 47. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. To the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, The Kunkel Surgical Group, demands judgment in its favor and against Plaintiff with all allowable costs and attorney's fees. NEW MATTER By way of further answer, Answering Defendant avers the following New Matter directed to Plaintiff: 48. Plaintiff has failed to state a claim upon which relief can be granted. 49. Plaintiff is responsible, in whole or in part, for the injuries alleged because Plaintiff voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 50. Nothing Answering Defendant did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiff. 51. Plaintiff' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 52. Plaintiff's Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 53. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 54. Plaintiff has failed to mitigate any damages allegedly sustained. 55. Plaintiff's claims and /or request for damages herein are limited and /or precluded by the doctrines of res judicata and /or collateral estoppel. 56. Plaintiff's claims are barred by the applicable statute of limitations. 57. Plaintiff has failed to plead facts sufficient to toll the applicable statute of limitations. 58. Plaintiff's cause of action may be barred by the equitable doctrine of laches. 59. Plaintiff's cause of action is subject to, and barred by the "Two Schools of Thought" Doctrine. 60. To the extent that discovery and /or investigation may reveal, Plaintiff has granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 61. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, Plaintiff shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 62. Plaintiff may have entered into a release which has the effect of discharging Answering Defendant from this matter. 63. Upon information and belief, certain of Plaintiffs bills for which Plaintiff seeks to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 64. Plaintiff shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 65. Plaintiff's claims and /or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 66. The general allegations of agency in the Complaint are incapable of further response and are specifically denied and strict proof thereof is demanded at the time of trial. 67. Answering Defendant is not a proper party to this litigation. 68. By way of further answer, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiff in the Complaint. WHEREFORE, Answering Defendant, The Kunkel Surgical Group, demands judgment in its favor and against Plaintiff with all allowable costs and attorney's fees. Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: By: Thomas M s, .'squire Attorney I. " .. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 -2223 717 - 731 -4800 Attorney for Defendant, The Kunkel Surgical Group 11130 \Veriification General VERIFICATION I, Ellen Feidt, R.N., Director, Risk Management, hereby verify that the facts set forth in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C;S . §4904, relating to unswom falsification to authorities. Ellen Feidt, R.N., Director, Risk Management On behalf of The Kunkel Surgical Group and Spirit Physician Services, Inc. CERTIFICATE OF SERVICE AND NOW, May 29, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT FILED ON BEHALF OF THE KUNKLE SURGICAL GROUP 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: By First-Class Mail: Robert L. Sachs, Jr., Esquire Shrager, Spivey & Sachs One Commerce Square Suite 2300 2005 Market Street Philadelphia, PA 19103-7042 Counsel for Plaintiff Wiley P. Parker, Esquire Henry & Beaver, LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Counsel for Richard Griffiths, D.O. Caitlin J. Goodrich, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 2000 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendant Carlisle Regional Medical Center Aaron S. Jay ma LE!) -0i- I- SHRAGER, SPIVEY & SACHS" i r'= °a;QTH#ONQLc,;, By: Robert L. Sachs, Jr. 2014 J€!�. 214 Identification Number: 41355'Y i 7 •Attorneys for Plaintiff 2300 One Commerce Square SUMBERL!I7 COUNTY 2005 Market Street PtrNNSYi.V;N! 1 Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, Deceased Plaintiff, v. RICHARD GRIFFITHS, D.O., et al, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13-6255 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT THE KUNKEL SURGICAL GROUP Plaintiff, by her attorneys, Shrager, Spivey & Sachs, hereby replies to the Defendant's New Matter, as follows: 48. Denied. It is specifically denied that plaintiff has failed to state a claim upon which relief can be granted. To the contrary, plaintiffs claims are set forth at length in his Complaint. 49. Denied. These averments are conclusions of law, and are denied as such and no further response is required. By way of further reply, plaintiffs decedent was in no way negligent nor did he assume the risk of negligent medical care. 50. Denied. These averments are conclusions of law, and are denied as such and no further response is required. By way of further reply, it is specifically denied that anything the answering defendant did or failed to do was the cause in fact or proximate cause of the injury and loss to the plaintiffs. On the contrary, answering defendant's care was improper and the proximate cause of the plaintiff's decedent's losses as set forth in her Complaint. 51. Denied. These averments are conclusions of law, and are denied as such and no further response is required. By way of further reply, plaintiffs decedent was in no way negligent and plaintiffs decedent did not assume the risk of negligent medical care. 52. Denied. This averment is a conclusions of law, and is denied as such and no further response is required. 53. Denied. It is specifically denied that answering defendant acted within accepted medical standards. To the contrary, answering defendant's care was negligent, careless, improper and outside the scope of accepted medical standards as set forth in the Plaintiff's Complaint. 54. Denied. This averment is a conclusion of law, and is denied as such and no further response is required. 55. Denied. This averment is a conclusion of law, and is denied as such and no further response is required. 56. Denied. This averment is a conclusion of law and is denied as such and no further response is required. By way of further resply, plaintiff has properly asserted this wrongful death and survival action within two (2) years of the date of plaintiffs decedent's death. 57. Denied. It is specifically denied that plaintiff has failed to plead facts sufficient to toll the applicable statute of limitations. To the contrary, plaintiffs claims are set forth specifically and sufficiently at length in his Complaint. 58. Denied. This averment is a conclusions of law, and is denied as such and no further response is required. 59. Denied. This averment is a conclusion of law and as such is denied. Further, it is specifically denied that the two schools of thought doctrine is applicable given the circumstances of this case. 60. Denied. This averment is a conclusion of law and is denied as such and no further response is required. Further, plaintiff is unaware of granting any accord and satisfaction and specifically denies that there is any applicable bar or limitation to her recovery. 61. Denied. This averment is a conclusion of law and no further response is required. By way of a reply, it is denied that answering defendant is entitled to any limitation of award or immunities under the MCARE Act. 62. Denied. This averment is a conclusion of law and is denied as such and no further response is required. Further, plaintiff is not aware of any release. 63. Denied. It is denied that the plaintiff's claim may be reduced and/or limited by any collateral source of compensation and/or benefit. 64. Denied. This averment is a conclusion of law and no further response is required. By way of a reply, it is denied that answering defendant is entitled to any limitation of award or immunities under the MCARE Act. 65. Denied. This averment is a conclusion of law and no further response is required. By way of a reply, it is denied that answering defendant is entitled to any limitation of award or immunities under the MCARE Act. 66. Denied. This averment is a conclusion of law, and is denied as such and no further response is required. Plaintiff specifically denies that there is any applicable bar or limitation to her recovery 67. Denied. It is specifically denied that answering defendant is not a proper party to this litigation. On the contrary, answering defendant is proper party to this litigation. Strict proof to the contrary is demanded at the time of trial. 68. Denied as improperly pleaded New Matter. WHEREFORE, Plaintiff respectfully requests that judgment be entered in her favor and against all Defendants, jointly and severally, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand Dollars ($50,000.00) whichever is greater, together with compensatory damages, costs, expenses, damages for pre judgment delay, and any other relief that this Honorable Court deems appropriate given the circumstances. A jury trial is demanded. Respectfully submitted, SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr. Attorneys for Plaintiff VERIFICATION I, Robert L. Sachs, Jr., hereby aver that I am counsel for the plaintiff and that the averments set forth in the foregoing Plaintiff's Reply to New Matter of Defendant are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unsworn falsifications to authorities. Dated: Robert L. Sachs, Jr. SHRAGER, SPIVEY & SACHS By: Robert L. Sachs, Jr./Jason A. Tucker Identification Numbers: 41355/312054 2300 One Commerce Square 2005 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 SUSAN A. SCOTT, Administratrix of the Estate of KENNETH LEE FENTON, deceased Plaintiff, vs. RICHARD GRIFFITHS, D.O., et al, Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 13-6255 CERTIFICATE OF SERVICE I hereby certify that on this 21St day of July, 2014, a true and correct copy of the foregoing documents was served electronically on counsel, as follows: Wiley P. Parker, Esquire Henry & Beaver 937 Willow Street Lebanon PA 17042 Thomas Chairs, Esquire Dickie McCamey 425 North 21St Street Plaza 21, Suite 302 Camp Hill PA 17011 Mark T. Levin, Esquire Weber Gallagher Suite 9A 200 North Third Street Harrisburg, PA 17101 SHRAGER, SPIVEY & SACHS By: 0.441 Robert L. Sachs, Jr. Attorneys for Plaintiff