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HomeMy WebLinkAbout14-0073 01/06/2014 13:12 7172385610 ANGINOANDROVNER PAGE 02/02 Supreme Co en•xi.sylvanla Cou.r"' ' ' r' ;:r. ±ti4: ;. ay ; >f Ca fa m o leas b Ne. o �i . s v 4�UOJ County The information collected on this form is used solely court administration purposes. This form does not supplement o replace ihe and service of pleadings or other papers as required, by la" or rules of court. Commencement of Action: EXI Complaint Writ of Summons E3 Petition Transfer fi Another Jurisdiction Declaration of Taking Lead Plaintiff's Nfame " Lead Defendant's Name: JENNIFER FIEECKER RICHARD L. DAVIS, M.D,, ET AL. •- ;is,; k Dollar Amount Requested: Owithin arbitration limits Are money damages requested . ® Yes Ell No (check one) outside arbitration limits ii'I !i is this a Class Action Suit•? .0 PPeal � Yes ® Yes 0 No Is this an JVDJA x ill��! ? No Name of'irlFa.inti:ff /Appellant's Attorocy: DARYL E. CHRISTOPHER, ESQUIRE'., COUNSEL FOR PLA INTIFF I!I(sii;t; Check here if you have no attorney (are n Self-Represented '[Pro Sej Litigant) a ure :o t rE-`C ; °P ' . asse. an , °X' to tlie.1eft o:f.the ONE :.case.category thi t iqb. t: accurately describes. i l'i'••r'' d BUM( MYC4SE. If you are malcitag.morealian otie.typo,bfclait�t, check t6c Inc that ''ff 'i i;n;:sii TORT (do not Include Muss Tort) CONTRACT (do not Mclude Judgments) CIVIL APPEALS "I' III: Intentional © Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection: Credit Card El Board of Assessment Motor Vehicle Board of Elections � .Debt Collection: Other ® Nuisance; D ept. of Transportation Premises Liability _�,,,,,.__•, Statutory Appeal: Other Product T lability (does not include mass torO E3 Employment Dispute: •''1"" "i' 0 Slander /Libel/ Defamation Discrimination i Employment Dispute: Other 0 Zoning Board i'. Other: Other: .e• •1lijrti yil:.lr., ...•.. MASS TORT I: a 0 Asbestos e Tobacco 0 Toxic Tort •• DES Toxic Tort -- implant REAL PROPERTY MISCELLANEOUS Q Toxic mu te 0 Ejectment Common Law /Statutory Arbitration i ^I ® Other: 0 Eminent Domain /Condemnation ® Declaratory Judgment '�i!Irti;!i( •- 0 Ground Rent 0 Mandamus ;ji;` Landlord/Tenant p , ,•__ t Dis ate Non - Domestic Relations ' Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIARLITY o ® Mort Foreclosure. Commercial Quo Warranto Dental y; ';; Partition 0 Replevin "'!` ® Legal 0 Quict Titic 0 Other: Medical Other: 0 Other Professional: Updated 11112011 s FILE Q - C Ff- OF 'r`,1- f"RO'TH0N TpRY ZJa { 1 AN-6 2 CUMB ERLAND COUNTY PENN SYLVANI A ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney 1D# : 91895 4503 North Front. Street Harrisburg, PA 171 10 -1708 Phone: (717) 238 -6791 Fax: (717) 238 -5610 E - mail: dchristophernangino- rovner.com Attorneys for Plaintiff JENNIFER HECKER, Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b /a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set. forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) _ 1 4;t1v 514275 2 ✓��' Dv 7 "C p AVISO USTED HA SIDO DEMANDADO /A EN CORTE, Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 357036 ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110 -1708 Phone: (717) 238 -6791 Fax: (717) 238 -5610 E -mail: dchristophergangino- rovner.com Attorneys for Plaintiff JENNIFER HECKER, Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker,. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b /a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Jennifer Hecker and her husband, Michael Hecker, lived together in Duncannon, Perry. County, Pennsylvania. Both were citizens of the Commonwealth of Pennsylvania. 2. Michael Hecker died on October 25, 2012. 3. On , January 9, 2013, Plaintiff Jennifer Hecker was granted Letters of Administration for the Estate of Michael Hecker by the Register of Wills of Perry County in Estate Number 5013 =0005. A copy of the Short Certificate is attached as Exhibit A. 514275 (,1 4. Plaintiff Jennifer Hecker is an adult individual who continues to live in Duncannon in the home that she formerly shared with her husband. 5. Defendant Richard L. Davis, M.D. (hereinafter "Defendant Davis "), is a licensed physician specializing in family medicine who maintains offices in and regularly conducts business in Cumberland County, Pennsylvania. Plaintiff is asserting a medical professional liability claim against Defendant Davis. A Certificate of Merit is attached hereto as Exhibit B. 6. Defendant Cumberland Family Practice is a registered fictitious name for an :entity that maintains offices in and regularly conducts business in Cumberland County, Pennsylvania. Plaintiff is asserting a medical professional liability claim against the entity doing business as Cumberland Family Practice. A Certificate of Merit is attached hereto as Exhibit C. 7. At all times relevant hereto, Defendant Cumberland Family Practice employed Defendant Davis. 8. Defendant Pinnacle Health Medical Group, Inc. d/b /a Cumberland Family Practice is a domestic business corporation organized under the laws of Pennsylvania that maintains offices in and regularly conducts business in Cumberland County, Pennsylvania. Plaintiff is asserting a medical professional liability claim against Defendant Pinnacle Health Medical Group, Inc. d /b /a Cumberland Family Practice. A Certificate of Merit is attached hereto as Exhibit D. 9. At all times relevant hereto, Defendant Pinnacle Health Medical Group, Inc. d/b /a Cumberland Family Practice employed Defendant Davis. 10. Heritage Medical Group, LLP, is a withdrawn limited liability corporation organized under the laws of Pennsylvania that at all times relevant hereto, maintained offices in and regularly conducted business in Cumberland County, Pennsylvania. Plaintiffs are asserting a 540689 2 medical professional liability claim against Defendant Pinnacle Health Medical Group, Inc. as a corporate successor to this entity. A Certificate of Merit is attached hereto as Exhibit D. 11. At all times relevant hereto, Heritage Medical Group, LLP, employed Defendant Davis. 12. At all times relevant hereto, Defendant Davis was Mr. Hecker's primary care physician. 13. Mr. Hecker had a medical history that included liver disease and chronic pain. 14. At all relevant times, ' Mr. Hecker was treating with a physical medicine and rehabilitation specialist, also known as a.physiatrist. The physiatrist was Dr. Stuart Hartman. 15. Per the medical chart of Dr. Hartman, as of May 24, 2012, Mr. Hecker was taking: a. Oxycodone HCl oral tablets 30mg, 1 tablet 5 -6 times per day as needed; b. Oxycontin oral tablets 80mg, 1 tablet 3 times per day; c. Lunesta oral tablets 3mg, 1 tablet at bedtime if needed for sleep; d. Valium oral tablet 1Omg, 1 tablet 3 times per day as needed; and e. Neurontin oral capsule 300mg, 1 capsule 4 times per day. 16. Per the medical chart of Defendant Davis, Mr. Hecker was also taking Paxil and Trazodone at that time. 17. On October 8, 2012, the Heckers celebrated their anniversary. At that time, Michael Hecker was doing very well. 18. Mr. Hecker treated with Defendant Davis on October 11, 2012. 19. At that time, Defendant Davis wrote, "he looks great for him. clean clothes, clean body. not dishelved. good eye contact. acts appropriate. open. not defensive." 540689 3 20. According to medical records written by Defendant Davis, Mr. Hecker reported that he was having trouble sleeping. 21. According to medical records written by Defendant Davis on October 11, 2012, Defendant Davis tapered Mr. Hecker off of Trazodone and put him onto 300mg of Seroquel XR as a sleep aid. 22. Seroquel XR has never been approved by the FDA as a sleep aid. 23. At the time on October 11, 2012, it is believed and therefore averred that Mr.. Hecker was still being prescribed and was still taking Oxycodone, Oxycontin, Neurontin, Paxil, and Valium. 24. Seroquel XR is metabolized through the liver. 25. Defendant Davis did not check Mr. Hecker's liver function before prescribing him 300mg of Seroquel XR. 26. Seroquel XR is a very powerful anti - psychotic drug which is known to have severe and potentially life - threatening side effects. 27. Seroquel XR can have serious drug -drug interactions with the other medications that Mr. Hecker was taking. 28. Seroquel XR is known to add to the sedating effects of narcotic pain relievers like Oxycodone and to the side effects of Valium. 29. Defendant Davis did not check with Mr. Hecker's treating physiatrist before placing Mr. Hecker on Seroquel XR. 30. Within about a week of his October 11, 2012, office visit with Defendant Davis and his medication change, Mr. Hecker became very lethargic. 540689 4 A 31. Mr. Hecker began staggering in the evenings, eating a lot at night, and once found himself on the couch with no recollection of how he had got there. 32. At the time, Mrs. Hecker did not know what medication change Dr. Davis had prescribed. 33. In the early morning of October 24, 2012, Mrs. Hecker found her husband slumped over in a corner of their home. 34. Mrs. Hecker immediately called for an ambulance, which arrived at her home by - 5:53 a.m. 35. After EMS arrived, they instructed Mrs. Hecker to tell them what medicines her husband was on. ft was at that time that Mrs. Hecker searched for and found that her husband had been prescribed 300mg of Seroquel XR. 36. It took until 6:27 a.m. for EMS to recover a pulse for Mr. Hecker. 37. They arrived at Holy Spirit Hospital by 6:35 a.m.; however, doctors at the hospital were not able to save Mr. Hecker's life. 38. Mr., was found to have died from pneumonitis due to inhalation of food or vomit and acute respiratory failure which caused an anoxic brain injury. 39. Mr. 'Hecker's aspiration pneumonia and death was a direct result of combining 300mg of Seroquel XR with Oxycodone, Oxycontin, and Valium. 40. Mr. Hecker died from his injuries on October 25, 2012. 540689 5 COUNT I= NEGLIGENCE JENNIFER HECKER v. RICHARD L. DAVIS, M.D. 41. All preceding paragraphs are incorporated herein by reference. 42. All of Plaintiff's damages were caused by the negligent, careless, and substandard care provided to Michael Hecker by Defendant Richard L. Davis, which caused Michael Hecker to suffer from and die from aspiration pneumonia and an anoxic brain injury. 43. Defendant Davis was negligent in that he: a. Placed Mr. Hecker on a powerful antipsychotic drug for a purpose for which it was not FDA approved; b. Placed Mr. Hecker on a powerful antipsychotic drug that has known drug - drug interactions with narcotics and valium without first checking with Mr. Hecker's pain treatment physician; c. Placed Mr. Hecker on a powerful antipsychotic drug which is metabolized through the liver with no liver function test despite Mr. Hecker's history of liver disease; d. Placed Mr. Hecker on a powerful antipsychotic drug which is known to exacerbate the sedating effects of the narcotics and valium that Mr. Hecker was already taking; e. Placed Mr. Hecker on too high of a dose of Seroquel XR given his medical history and other medications; f. It is believed and averred that Dr. Davis failed to properly inform himself of the side effects, drug -drug interactions, and risk factors for using Seroquel XR before prescribing it to Mr. Hecker; and 540689 6 g. Failed to properly follow Mr. Hecker after placing him on a powerful antipsychotic drug given Mr. Hecker's medical history and the other medications he was taking. WHEREFORE, Plaintiff Jennifer Hecker demands judgment against this Defendant in an amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. COUNT 1I— VICARIOUS LIABILITY JENNIFER HECKER v. CUMBERLAND FAMILY PRACTICE 44. All preceding paragraphs are incorporated herein by reference. 45. All of Plaintiff's damages were caused by the negligent, careless, and substandard care provided to Michael Hecker by Defendant Richard L. Davis, which caused Michael Hecker to suffer from and die from aspiration pneumonia and an anoxic brain injury. 46. Defendant Davis was negligent as stated above. 47. At all times relevant hereto, Defendant Davis was an employee, agent, servant; apparent and /or ostensible agent of Defendant Cumberland Family Practice, and was acting within the course and scope of his employment and /or agency. 48. Defendant Cumberland Family Practice is vicariously liable for the negligence of Defendant Davis. WHEREFORE, Plaintiff Jennifer Hecker demands judgment against this Defendant in an amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. 540689 7 COUNT III — VICARIOUS LIABILITY JENNIFER HECKER v. PINNACLE HEALTH MEDICAL GROUP, INC. d /b /a CUMBERLAND FAMILY PRACTICE 49. All preceding paragraphs are incorporated herein by reference. 50. All of Plaintiff's damages were caused by the negligent, careless, and substandard care provided to Michael Hecker by Defendant Richard L. Davis, which caused Michael Hecker to suffer from and die from aspiration pneumonia and an anoxic brain injury. 51. Defendant Davis was negligent as stated above. 52. At all times relevant hereto, Defendant Davis was an employee, agent, servant, apparent and /or ostensible agent of Defendant Pinnacle Health Medical Group, Inc. d/b /a Cumberland Family Practice, and was acting within the course and scope of his employment and /or agency. 53. In the alternative, Defendant Pinnacle Health Medical Group Inc. d/b /a Cumberland Family Practice, is the corporate successor to and /or acquired substantially all of the assets of the entity which employed, was the master of, was the principal of, or was the ostensible principal of Defendant Davis at the time that he provided care to Mr. Hecker. 54. Defendant Pinnacle Health Medical Group, Inc. d/b /a Cumberland Family Practice, is vicariously liable for the negligence of Defendant Davis. WHEREFORE, Plaintiff Jennifer Hecker demands judgment against this Defendant in an amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. 540689 8 CLAIM I Survival Action Jennifer Hecker v. Richard L. Davis, M.D.;. Cumberland Family Practice; and Pinnacle Health Medical Group, Inc. d /b /a Cumberland Family Practice 55. All preceding paragraphs are incorporated herein by reference. 56. Plaintiff brings this survival action on behalf of the Estate of Michael Hecker, deceased, under and pursuant to 42 Pa.C.S.A. §8302. 57. As a result of the injuries to Mr. Hecker, as alleged above, Mr. Hecker was forced to incur expenses for medical care, medical treatment, medications, and other similar expenses in an attempt to restore himself to health, and claims are made therefor. 58. As a result of his injuries and death, Mrs. Hecker suffered a loss of past earnings, a loss of opportunity, and a complete loss of future earning power and capacity, and claims are made therefor. 59. It is believed and therefore averred that as a result of his injuries, Mr. Hecker suffered from physical pain and suffering, embarrassment, humiliation, loss of life's pleasures and enjoyment, and from disfigurement, and claims are made therefor. 60. Plaintiff hereby file claims on behalf of the Estate of Michael Hecker for damages suffered by the Estate, including all damages recoverable under 42 Pa.C.S.A. §8302. WHEREFORE, Plaintiff Jennifer Hecker demands judgment against Defendants in an amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. 540689 9 - -- - _ t CLAIM II Wrongful Death Jennifer Hecker v. Richard L. Davis, M.D.;, Cumberland Family Practice; and Pinnacle Health Medical Group, Inc..d /b /a Cumberland Family Practice 61. All preceding paragraphs are incorporated herein by reference. 62. Plaintiff brings this action pursuant to the Wrongful Death Act, 42 Pa.C.S.A. §8301, on behalf of the wrongful death beneficiaries enumerated below. 63. The following are the names of all individuals entitled by law to recover damages for the wrongful death of Michael Hecker: Name Relationship Address Jennifer Hecker Wife Duncannon, Pennsylvania Lillian Hecker Mother New Jersey Michael Grove Son Reesers Summit, Pennsylvania 64. Defendants' negligence, as alleged herein, was the legal, factual, and proximate cause of Michael Hecker's death. 65. Defendants' negligence, as alleged herein, significantly decreased Michael Hecker's period of survival. 66. As a direct result of the Defendants' negligence, which caused Michael Hecker's death, the wrongful death beneficiaries have incurred funeral expenses, and claims are made therefor. 67. As a direct result of the Defendants' negligence, which caused Michael Hecker's death, the wrongful death beneficiaries have incurred medical bills for Mr. Hecker, and claims are made therefor. 68. As a direct result of the Defendants' negligence, which caused Michael Hecker's death, the wrongful death beneficiaries have been, and will in the future deprived of Michael 540689 10 t Hecker's society, consortium, companionship, services, contribution, guidance, support, mentoring, and tutelage, and claims are made therefor. 69. On behalf of all of the wrongful death beneficiaries, Plaintiff brings claims for all classes of damages allowed by 42 Pa.C.S.A. § 8301. WHEREFORE, Plaintiff Jennifer Hecker demands judgment against all Defendants in an amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. aryl E. hristopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 dehristopher@angino-rovner.com Counsel for Plaintiffs Date: January , 2014 540689 1 1 ,{ l t '� i EXr -IIE�T A' SHORT CERTIFICATE — LETTERS OF ADMINISTRATION COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF PERRY Estate No: 5013 -0005 I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 9th day of January, 2013 LETTERS OF ADMINISTRATION on the Estate of MICHAEL LAWRENCE BECKER, deceased, were granted to Jennifer Hecker having first been qualified well and truly to administer the same. And I further certify that no revocation of said Letters appears of record in my office. Date of Death October 25, 2012 Given under my hand and seal of office this 9th Social Security No. 158 -44 -7788 day of January, 2013 z gister NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL 1 1 3-..�Oo EXH►B -r e ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110 -1708 Phone: (717) 238 -6791 Fax: (717) 238 -5610 E -mail: dchristophergangino- rovner.com Attorneys for Plaintiff JENNIFER HECKER, Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b /a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT. AS TO. RICHARD L. DAVIS, MD. I, Daryl E. Christopher, certify that: ( X ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND /OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Daryl E': Christopher, Esquire Date: January 3 , 2014 EXHIBIT B 514275 J EXHIBIT C ti. ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110 -1708 Phone: (717) 238 -6791 Fax: (717)238 -5610 E -mail: dchristopherp_angino- rovner.com Attorneys for Plaintiff JENNIFER HECKER Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b /a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CUMBERLAND FAMILY PRACTICE I, Daryl E. Christopher, 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 ( X ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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. Daryl E. Christopher, Esquire Date: January 3 , 2014 EXHIBIT C 514275 �, - i 3 �} .. -� , % �� _ - --., H ,( � EXH�g�T ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg, PA 17110 -1708 Phone: (717) 238 -6791 Fax: (717) 238 -5610 E -mail: dehristophernangino- rovner.com Attorneys for Plaintiff JENNIFER HECKER, Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — MEDICAL PROFESSIONAL V. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d /b /a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO PINNACLE HEALTH MEDICAL GROUP, INC. d /b /a CUMBERLAND FAMILY PRACTICE I, Daryl E. Christopher, 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 ( X ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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. Daryl E. Christopher, Esquire Date: January 3 , 2014 EXHIBIT D 514275 VERIFICATION I, Jennifer Hecker, Executrix of the Estate of Michael Hecker, Plaintiff, hereby verify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS: 0nnifer Ifecker - 3 Date: IL3 514275 I, ; t'i , 2O1 yr r 21 ph 2, Sarah W.Arosell,Esquire PEAINS YLD COUNTY Attorney I.D.#58797 , THOMAS,THOMAS&HAFER,LLP 305 North Front Street P.O.Box 999 Harrisburg,PA 17108 717-255-7231 sarosell @tthlaw.com Attorneys for Defendants Richard L.Davis,M.D.,Cumberland Family Practice and Pinnacle Health Medical Group,Inc.,d/b/a Cumberland Family Practice JENNIFER HECKER, Executrix of the IN THE COURT OF COMMON PLEAS Estate of Michael Hecker, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 14-73 CIVIL V. RICHARD L. DAVIS, M.D., CUMBERLAND FAMILY PRACTICE, and CIVIL ACTION — LAW PINNACLE HEALTH MEDICAL GROUP, INC., d/b/a CUMBERLAND FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants Richard L. Davis, M.D., Cumberland Family Practice and Pinnacle Health Medical Group, Inc., d/b/a Cumberland Family Practice in the above matter. Respectfully submitted, THOM .THOMAS & HAFER, LLP Y B : � 1" c Cd(A/IL_ Sarah W. Arosell, Esquire Attorneys for Defendants Richard L. Davis, M.D., Cumberland Family Practice and Pinnacle Health Medical Group, Inc., d/b/a Cumberland Family Practice DATE: 1///7//y 1430817.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following by placing same in the United States mail, postage prepaid, on the ) iday of tau if-", , 2014: LI Daryl E. Christopher, Esquire Angino & Rovner, PC 4503 North Front Street Harrisburg, PA 17110-1708 THOMAS, THOMAS & HAFER, LLP By: (At Sarah W. Arosell, Esquire 1430817.1 , ����U��»� ����U��� ^�� CUMBERLAND ��o����� SHERIFF'S" ~° ��" " "~°~- �~" "=~°"°"��~-"�����°�° COUNTY " ' Ronny RAnderson Sheriff f"I� TA- P�A — ' ^~� `" � ~~�ue ' Jody SSmdh �- -w Chief Deputy 2014 JAN - - Richard VVStewart CU »T v Solicitor m�.cs*rrxaS�P/= Jennifer Hecker Executrix of the Estate of Michael Hecker Case Number «». Richard L Davis, M.D. (et al.) | 2014'73 SHERIFF'S RETURN OF SERVICE 01X08/2014 Sheriff Ronny R Anderson, being duly sworn according to|aw. stabenhomodedi|igertoeorchandinquiry for the within named Defendant to wit: Pinnacle Health Medical Group, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin. Pennsylvania to serve the within Complaint& Notice according tolaw. 0108/2014 12-28 PM ' Deputy Tim Black, being duly sworn according ho |mw, served the requested Complaint& Notice by''peruonaUy' handing a true copy toa person representing themselves toba the Defendant, to wit Richard L Davis, M.D. at44TOValley Road. Hampden Township, Eno|a, PA 17025. TIM YLACR, DEPUTY 01/08/2014 12:28 PM- Deputy Tim Black, being duly sworn according to law, served the requested Complaind& Notice by handing obue copy to a person representing themselves to be Richard L Davis, PN.D.,who accepted aa"Adult Person in Charge"for Cumberland Family Practice at447O Valley Road, Hampden Township, Eno|o. PA17O25. TIM16LACk, DEPUTY 01/14C2014 12:40 PM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Phyllis P|ank, who accepted for Pinnacle Health Medical Group. Inc., at 409 S. Second Stroat, Suite 2C. Harrisburg, PA 17105. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within / record. SHERIFF COST: a86.41 SO ANSWERS, January 22. 2O14 RDNNYR ANDERSON, SHERIFF ������Tele=olt Inc, %'tt Shelley Ruhl Jack Duignan Real Esta e Deputy Chief Deputy B Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JENNIFER HECKER, EXECUTRIX OF THE ESTATE OF MICHAEL HECKER VS County of Dauphin PINNACLE HEALTH MEDICAL GROUP, INC. Sheriff s Return No. 2014-T-0070 OTHER COUNTY NO. 2014-73 And now: JANUARY 14, 2014 at 12:40:00 PM served the within COMPLAINT & CERTIFICATE (S) OF MERIT upon PINNACLE HEALTH MEDICAL GROUP, INC. by personally handing to PHYLLIS PLANK * 1 true attested copy of the original COMPLAINT & CERTIFICATE(S) OF MERIT and making known to him/her the contents thereof at 409 SOUTH 2ND STREET, SUITE 2C HARRISBURG PA 17105 RISK MANAGEMENT So Answers, COMMONWEALTH OF PENNSYLVAMA N+OTAR AL SEA��� TEAR LAVENDER Sheriff of Dauphin County, Pa. Notary Public CITY OF HARRISBURG.DAUPHIN CNTY My Commission Expires Feb 3,2014 By Deputy heriff dak 1LQr�� Deputy: M SWEIGART Sheriffs Costs: $41.25 1/14/2014 1.B 2. j�6 l ,, F E 2: 22 C 1`f5=1=,L AND COUNTY P E N N S YLV ►dl. ANGINO&ROVNER,P.C. Daryl E. Christopher,Esquire Attorney ID# : 91895 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail:dchristopher(i4angino-rovner.eom Attorneys for Plaintiff JENNIFER HECKER, Executrix of the Estate IN THE COURT OF COMMON PLEAS of Michael Hecker, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—MEDICAL PROFESSIONAL v. LIABILITY ACTION RICHARD L. DAVIS, M.D.; CUMBERLAND NO. 14-73 CIVIL TERM FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b/a CUMBERLAND FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED NOTICE OF DEATH The death of Jennifer Hecker, a party to the above captioned action, during the pendency of this action is noted upon the record. Respectfully submitted, ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher @angino-rovner.com Counsel for Plaintiff Date: February 25, 2014 547820 1 CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of NOTICE OF DEATH upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas,Thomas &Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 Counsel for Defendants Richard L. Davis,M.D., Cumberland Family Practice and Pinnacle Health Medical Group,Inc. d/b/a Cumberland Family Practice laiat e ("7/0-1YMY rtie A. Manno Date: February 25, 2014 547820 2 ANGINO & ROVNER, P.C. Daryl E. Christopher, Esquire Attorney 1D# : 91895 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 E-mail: dchristopher@angino-rovner.com JENNIFER HECKER, Executrix of the Estate of Michael Hecker, Plaintiff v. RICHARD L. DAVIS, M.D.; CUMBERLAND FAMILY PRACTICE; and PINNACLE HEALTH MEDICAL GROUP, INC. d/b/a CUMBERLAND FAMILY PRACTICE, Defendants -OFFIC CIE THE PROTHONO TA 2014 MAR 14 PH 2:2 CUMaERLAND .00 UN T PE NN LVANI A Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — MEDICAL PROFESSIONAL LIABILITY ACTION NO. 14-73 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO. DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action discontinued without prejudice. ANGINO & ROVNER, P.C. Date: March 549248 , 2014 Daryl E. Christopher, Esquire PA I.D. No. 91895 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 dchristopher@angino-rovner.corn Counsel for Plaintiff CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of Plaintiffs PRAECIPE TO DISCONTINUE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants Richard L. Davis, M.D., Cumberland Family Practice and Pinnacle Health Medical Group, Inc. d/b/a Cumberland Family Practice Date: March /3 2014 549248