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HomeMy WebLinkAbout05-1465IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Paula L. Evans and Oliver Evans, h/w 230 Jefferson Street Steele, PA 17105 VS. Jennifer L. Turner, M.D., Susquehanna Surgeons, LTD, Heritage Medical Group, L.L.P., Holy Spirit Health Systems and Holy Spirit Hospital [See defendants' addresses on attached sheet] Civil Action NO. OS - /14&Z (1v, PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in Civil Action upon defendants in the above case, Writ of Summons shall be forwarded to O Attorney (X) Sher' f. A e of Attorney JOSEPH F. RICCHIUTI, ESQUIRE YOUNG RICCHIUTI CALDWELL & HELLER 1600 Market Street Suite 3800 Philadelphia, PA 19103 (267) 546-1002 Attorney ID Number: 09222 Date: March 15, 2005 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. n P onotary -By Deputy Date: .?,?-P, ?Oly S DEFENDANTS Jennifer L. Turner, M.D. Scott & White Clinic 7700 Fish Pond Rd. Waco, TX 76710 Susquehanna Surgeons, LTD 532 North Front Street Wormleysburg, PA 17043 Heritage Medical Group, L.L.P. 1007 Mumma Drive Wormleysburg, PA 17043 Holy Spirit Health System 503 N. 21' Street Camp Hill, PA 17011 and Holy Spirit Hospital 503 N.21" Street Camp Hill, PA 17011 .?, ?l ? ? Q c? w ? ?? PAULA L. EVANS AND OLIVER EVANS, h/w Plaintiff, V. JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD, HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEMS AND HOLY SPIRIT HOSPITAL Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1465 CIVIL MEDICAL MALPRACTICE JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendant, Holy Spirit Health Systems and Holy Spirit Hospital with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 4, 2005 By: Wi ccov Otto, Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Health Systems and Holy Spirit Hospital C? N ?. ?? u: i .-1 v ?' `-= a? ` ? _ - ,? C . C' ? ?iQ ?:. [_ G? ?j, ` SHERIFF'S RETURN - REGULAR CASE NO: 2005-01465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS PAULA L ET AL VS TURNER JENNIFER L MD ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordinc says, the within WRIT OF SUMMONS was served upon HERITAGE MEDICAL GROUP LLP DEFENDANT , at 1350:00 HOURS, on the 1st day of April at 3 WALNUT STREET SUITE 206 LEMOYNE. PA 17043 Ito law, 2005 by handing to SUE WILDS, EXECUTIVE ASSISTANT ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together and at the same time directing Her attention to the contents th Sheriff's Costs: So Answers: Docketing 6.00 Service 11.84 ??-rcO Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 27.84 04/04/2005 YOUNG RICCHIUTI CALDWELL HELLE Sworn and Subscribed to before Sy: J me this ??)C1 day of Deputy Sheriff "i s- ?G A.D. i SHERIFF'S RETURN - REGULAR CASE NO: 2005-01465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS PAULA L VS TURNER JENNIFER L MD ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS was served upon 'to law, SUSQUEHANNA SURGEONS LTD t e DEFENDANT at 1155:00 HOURS, on the 31st day of March 2005 at 532 NORTH FRONT STRET WORMLEYSBURG, PA 17043 by handing to TOM CALLAHAN, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together *ith and at the same time directing His attention to the contents t Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Su'b'scribed to before m this ?? CGS day of lf? O'? A.D. rLV ?i So Answers: ne 04/04/2005 YOUNG RICCHIUTI CALDWELL HELLE By: y Sheri SHERIFF'S RETURN - REGULAR CASE NO: 2005-01465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS PAULA L ET AL VS TURNER JENNIFER L MD ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordi says, the within WRIT OF SUMMONS HOLY SPIRIT HEALTH SYSTEMS was served upon DEFENDANT to law, , at 1210:00 HOURS, on the 31st day of March 1, 2005 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to FRAN CHARNEY, RISK MANAGEMENT, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents Sheriff's Costs So Answers: Docketing 6.00 Service 11.10 Affidavit .00 Surcharge 10.00 nn Sworn and Subscribed to before me this day of rl i ?G2S l A.D. R. Thomas Kline 04/04/2005 YOUNG RICCHIUTI CALDWELL HELLE By: SHERIFF'S RETURN - REGULAR CASE NO: 2005-01465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVANS PAULA L ET AL VS TURNER JENNIFER L MD ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordi says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL DEFENDANT , at 1210:00 HOURS, on the 31st day of at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to FRAN CHARNEY. RISK MANAGEMENT, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS Ito law, , 2005 together ]with and at the same time directing Her attention to the contents thkof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _1k day of A-n I A.D_ So Answers: R. Thomas Kiine 04/04/2005 YOUNG RICCHIUTI CALDWELL HELLE By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Paula L. Evans and Oliver Evans, h/w Civil Action 230 Jefferson Street Steele, PA 17105 NO. 05-1465 vs. Jennifer L. Turner, M.D., Susquehanna Surgeons, LTD, Heritage Medical Group, L.L.P., Holy Spirit Health Systems and Holy Spirit Hospital PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly reinstate the Writ of Summons in the above-captioned matter. YOUNG RICCHIUTI CALDWELL & HELLER By. J O EP Y .JICCHIUTI f 'Attorney for Plaintiffs 0 - u -n , - ._? `?== c:? ';,-, -._ ?i i ::? °.J '? C;_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP, in the above-captioned matter. DATE: Aff a 71t 2605" MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: 1'1??l MICHAEL D. PIPA, ESQUIRE Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing was served to all parties listed herein via United States First-Class Mail on the ';? I ' day of 2005. Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Holy Spirit Health Systems 503 N. 21st Street Camp Hill, PA 17011 Suite 3800 Philadelphia, PA 19103 Susquehanna Surgeons, Ltd. 532 North Front Street Wormleysburg, PA 17043 Holy Spirit Hospital 503 N. 21st Street Camp Hill, PA 17011 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN DATE: ??,j 7-11 7- BY: Aj"tXQRQ MICHAEL D. PIPA, ES Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP ,_, ,? ?, `y,rt 5 _`, ?" .'S r .._. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION h/w, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants RULE AND NOW, thisoAay of a 011-L 2005, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiffs, Paula L. Evans and Oliver Evans, husband and wife, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days hereof or suffer judgment non pros. DATE: U g I, MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: 4j _ MICHAEL D. PIPA, ESQ E Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing w s served to all parties listed herein via United States First-Class Mail on the l day of t + 2005. Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Holy Spirit Health Systems 503 N. 21st Street Camp Hill, PA 17011 Suite 3800 Philadelphia, PA 19103 Susquehanna Surgeons, Ltd. 532 North Front Street Wormleysburg, PA 17043 DATE: 4rj P (I Holy Spirit Hospital 503 N. 21st Street Camp Hill, PA 17011 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: MICHAEL D. PIPA, ES Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP r ? ? ? r. ..? ', ?_: -. ?.,' C,'. _ _ l r'r YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY:Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 AULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE OF SUMMONS I, Joan Fink, secretary to Joseph F. Ricchiuti, Esquire, hereby certify that I served the Summons and Praecipe in the above case on the 25th day of April, 2005 on defendant Jennifer 1. Turner, M.D., Scott & White Clinic, 7700 Fish Pond Road, Waco, TX 76710, via Certified Mail, Return Receipt Requested. Attached as Exhibit "A" is a copy of the executed Return Receipt card. Jo Fink Secretary to Joseph F. Ricchiuti Date: 5/3/05 2. Article Number • THIS SECTION O N DELIVERY A Received by (Please Pnnt Clearly) 11 Data of Delivery J?N -' C.°. i nature x t Ageat ? 71LO 3901 9842 5424 8252 D. Is eli ry ad re. diReren om i m 1? if F. der a silvery addreas be ew: Ad dressee ? Yes ?No 3. Service? be. CERTIFIED MAIL 4. Restrlcte Delivery? (Extra Fee) ? Yes 1. Article Ad ressed to: 7r o J ? Tx -71v i Receipt C? ( 1 [' -ii 1 ?'. ;''1 V _.. °- --t ?.: ? ?- V y \. ? . ? .. `.:1 L:1 C ., L"; YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 2671546-1002 PAULA L. EVANS and OLIVER EVANS, h(w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION COMPLAINT NOTICE TO PLEAD "NOTICE" "You have been sued in court. If you wish to defend against the Claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Case may proceed without you and a judgment may be entered against you by the court without further notice for any money claims 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA COUNTY BAR ASSOCIATION LAWYER REFERRAL and INFORMATION SERVICE One Reading Center Philadelphia, Pennsylvania 19063 Telephone:(215) 238-1701 "AVISO' "Le hap demandado a usted en to Corte. Si usted quiere defenderse de estas demandas expuestas an las pogmas sigutentes, usted tier veinte (20) dias, de plazo al partir de Is echo de to demands y Is notRcati6n. Ham falta asentar una comparencia escnta o an persona o con un abogado y entregar a Is Corte an forma escrda sus defenses o sus objeciones a las demandas an Contra de su persona. Sea avisado qua si usted no as collards, Is Corte tomam medidas y puede continuer Is demands an Contra suya sin previo aviso o notification. Adembs, la cone puede decidir a favor del demandente y requiere qua usted cumpla Con todas las provisioner de sate demands. Usted puede perder dunem o sus propiedades u otms derechos Importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 St NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIC10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIREca6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASSOCIACION DE LICENDIADOS DE DELAWARE COUNTY SERVICIO DE REFENCIA E INFORMATION LEGAL One Reading Center Filadelfia, Pennsylvania 19063 Tel6for:(215) 238-1701 YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Riechiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w 230 Jefferson Street Steelton, PA 17113 VS. JENNIFER L. TURNER, M.D. Scott & White Clinic 7700 Fish Pond Rd Waco, Texas 76710 and SUSQUEHANNA SURGEONS, LTD 532 North Front Street Wormleysburg, PA 17043 and HERITAGE MEDICAL GROUP, L.L.P. 1007 Mumma Drive Wormleysburg, PA 17043 and HOLY SPIRIT HEALTH SYSTEM 503 N. 21" Street Camp Hill, PA 17011 and HOLY SPIRIT HOSPITAL 503 N.21" Street Camp Hill, PA 17001 Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED COMPLAINT Plaintiffs Paula L. Evans and Oliver Evans, husband and wife, are individuals and residents of Pennsylvania, residing at 230 Jefferson Street, Steelton, Pennsylvania, 17113. -2- 2. Defendant Jennifer L. Turner, M.D. was at all relevant times a physician who was licensed to practice medicine in the Commonwealth of Pennsylvania with a specialty in general surgery who had an office located at 532 North Front Street, Pennsylvania, 76710. Plaintiffs are asserting a professional liability claim against this defendant. 3. Defendant Susquehanna Surgeons, LTD, is and was at all relevant times an entity organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of providing health care services, and has an office located at 532 North Front Street, Wormleysburg, Pennsylvania, 17043. Plaintiffs are asserting a professional liability claim against this defendant. 4. Defendant Heritage Medical Group, L.L.P. is and was at all relevant times an entity organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of providing health care services, and has an office located at 1007 Mumma Drive, Wormleysburg, Pennsylvania, 17403. Plaintiffs are asserting a professional liability claim against this defendant. Defendant Holy Spirit Health System is and was at all relevant times a corporation or other business entity organized and existing under the laws of the Commonwealth of Pennsylvania for the purposes of operating a health care facility and providing health care services, including a hospital facility known as Holy Spirit Hospital, and has offices located at 503 N. 2111 Street, Camp Hill, Pennsylvania, 17011. 6. Defendant Holy Spirit Hospital is and was at all relevant times a corporation or other business entity organized and existing under the laws of the Commonwealth of Pennsylvania for the purposes of operating a healthcare facility and providing health care -3- services and is located at 503 N_ 2151 Street, Camp Hill, Pennsylvania 17001. Plaintiffs are asserting a professional liability claim against this defendant. At all relevant times, defendant Jennifer L. Turner, M.D., acted individually and by and through her duly authorized, apparent and/or ostensible agents, servants and/or employees, including, but not limited to, physicians, resident physicians, nurses, technicians, therapists and other personnel providing healthcare services to Paula L. Evans while a patient at Holy Spirit Hospital. 8. At all relevant times, defendant Susquehanna Surgeons, LTD, was acting by and through its actual, apparent or ostensible agents, servants and employees including, but not limited to Jennifer L. Turner, M.D., as well as physicians, technicians, therapists, nurses and other personnel providing healthcare services to Paula L. Evans while a patient at Holy Spirit Hospital. At all relevant times, defendant Heritage Medical Group, L.L.P. was acting by and through its actual, apparent or ostensible agents, servants and employees including, but not limited to Jennifer L. Turner, M.D., and Susquehanna Surgeons, LTD, as well as physicians, technicians, therapists, nurses and other personnel providing healthcare services to Paula L. Evans while a patient at Holy Spirit Hospital. 10. At all relevant times, defendant Holy Spirit Health Systems was acting by and through its actual, apparent or ostensible agents, servants and employees including, but not limited to Jennifer L. Turner, M.D., as well as physicians, technicians, therapists, nurses and other personnel providing healthcare services to Paula L. Evans as set forth in the medical records of defendant. -4- 11. At all relevant times, defendant Susquehanna Surgeons, LTD, was acting by and through its actual, apparent or ostensible agents, servants and employees including, but not limited to Jennifer L. Turner, M.D., as well as physicians, technicians, therapists, nurses and other personnel providing healthcare services to Paula L. Evans as set forth in the medical records of defendant. 12. At all relevant times Jennifer L. Turner, M.D. was an actual, apparent and/or ostensible agent, servant and/or employee of Susquehanna Surgeons, LTD. 13. At all relevant times Jennifer L. Turner, M.D. was an actual, apparent and/or ostensible agent, servant and/or employee of Heritage Medical Group, L.L.P. 14. At all relevant times Jennifer L. Turner, M.D. was an actual, apparent and/or ostensible agent, servant and/or employee of Holy Spirit Health Systems. 15. At all relevant times Jennifer L. Turner, M.D. was an actual, apparent and/or ostensible agent, servant and/or employee of Holy Spirit Hospital. 16. All doctors, nurses, technicians, operating room staff and other professional and nonprofessional personnel who cared for and/or provided services to plaintiff, Paula L. Evans, while she was under the care of defendants, were acting as the duly authorized actual and/or apparent agents, servants and employees of defendants, acting within the course and scope of their actual and/or apparent authority, agency and/or employment. 17. On January 24, 2003, plaintiff Paula L. Evans was examined by defendant Jennifer L. Turner, M.D., in the offices of Susquehanna Surgeons, for evaluation of complaints of abdominal pain. -5- 18. As a result of her evaluation, Dr. Turner recommended Mrs. Evans undergo studies to evaluate the cause(s) for her complaints of abdominal pain. 19. After evaluating various studies performed on Mrs. Evans, including the results of a HIDA scan which was consistent with biliary dyskinesia, Dr. Turner advised Mrs. Evans to undergo laparoscopic surgery to remove her gallbladder. 20. On March 25, 2003 Mrs. Evans presented to the outpatient surgery department of Holy Spirit Hospital where Dr. Turner performed a laparoscopic cholecystectomy. 21. During the surgery, it was noted that there were adhesions on the gallbladder. 22. During the surgery, it was also noted that Mrs. Evans' gallbladder was "intrahepatic and appeared again to have adhesions around it" 23. According to the operative report, Mrs. Evans' gallbladder was "difficult to remove." 24. During the surgery, Mrs. Evans' liver sustained trauma, and it was noted that there was "a small amount of oozing from the liver bed." 25. During the surgery, Dr. Turner was aware of the above referenced trauma to the liver and attempted to repair it through cauterization. 26. During the surgery, Dr. Turner improperly clipped the common bile duct and/or caused other injury to the common bile duct. 27. During the surgery, Dr. Turner did not obtain an intra-operative cholangiogram. 28. Following the surgery, Mrs. Evans was taken to the PACU and then the surgical overnight recovery unit. -6- 29. While a post-operative patient at Holy Spirit Hospital Mrs. Evans complained of severe abdominal pain and began to run a fever. 30. At the time of her discharge from Holy Spirit Hospital, Mrs. Evans continued to complain of severe abdominal pain. 31. On March 28, 2003 Mrs. Evans returned to the Emergency Department of Holy Spirit Hospital with continued complaints of severe pain, which was interfering with her ability to breath. 32. On March 28, 2003 Mrs. Evans was admitted to Holy Spirit Hospital where studies were undertaken to determine the cause for her complaints of severe abdominal pain, and it was determined she had a large biloma collection in the right upper abdominal quadrant. A HIDA scan was also obtained which revealed a large biliary leak in the area of the hepatic bed or liver bed fossa, which resulted in a stent being placed. 33. On March 30, 2003 Mrs. Evans was returned to the operating room where Kenneth Graf, M.D. performed an exploratory laparotomy and discovered, among other things, injury to the common bile duct, where he witnessed the distal duct was firmly clipped and the proximal duct was patent and draining. 34. From March 28, 2003 to April 16, 2003, Mrs. Evans remained hospitalized at Holy Spirit Hospital, where she continued to receive care and treatment in connection with the injury to her common bile duct. 35. Subsequently, on April 16, 2003, Mrs. Evans was transferred to Johns Hopkins University Hospital where physicians, including Charles Yeo, M.D., performed additional studies to evaluate her condition, and initiated surgical procedures to repair the injury to her bile duct. -7- 36. The surgical repair initiated by Dr. Yeo involved the insertion of bile stents and drains, and required Mrs. Evans to receive ongoing and repeated medical treatment and care. 37. Although the bile stents have been removed, Mrs. Evans continues to experience significant pain and discomfort in her abdominal area. 38. Defendants undertook and assumed certain duties to plaintiff Paula L. Evans to render prompt, reasonable, proper, competent, adequate and appropriate medical, surgical, nursing care, information, advice, services and treatment in connection with her condition and to take appropriate and adequate measures to improve her condition and to avoid harm. 39. Plaintiffs relied upon the defendants' knowledge, expertise, information and advice. 40. The carelessness, recklessness, negligence and gross negligence of the defendants, and each of them, as set forth herein, increased the risk of harm, injuries and damages to plaintiff, Paula L. Evans. 41. As a direct and proximate result of the negligence of defendants and each of them in connection with the operative and post-operative care rendered to Paula L. Evans, Mrs. Evans required significant medical care, treatment and evaluation as a result of the injury to her common bile duct. 42. As a direct and proximate result of the conduct of the defendants and each of them as set forth therein, plaintiff Paula L. Evans sustained severe and permanent injuries to her the skin, muscles, flesh, nerves, tendons, tissue and blood vessels in her abdomen, and she suffers from symptoms and sequela of the above injuries, including but not limited to pain, fatigue, irritability, weight changes, skin color changes, scarring, weakness, alterations in her ability to -8- perform activities of daily living, limitations in ambulation, walking, sitting and standing, the full extent of which are not yet known and some or all of which may be permanent in nature. 43. As a direct and proximate result of the conduct of the defendants and each of them as set forth herein, Ms. Evans required several hospitalizations, medication and nursing care, and has incurred and will in the future continue to incur substantial medical and medically related expenses, including, but not limited to, expenditures for medicine, hospitalization, medical and surgical care, equipment, therapy, rehabilitation, testing and monitoring. She has taken medications and required other care and treatment to attend to, treat and attempt to alleviate, minimize and/or cure her condition and/or injuries. 44. As a direct and proximate result of the conduct of the defendants and each of them as set forth herein, Paula L. Evans has suffered injuries which in the past have precluded her and may in the future continue to preclude her from fully enjoying the ordinary pleasures of life and participating in her normal activities and avocations, including but not limited to limitations in occupational, familial, recreational, social and marital activities. Further, she has suffered and may in the future continue to suffer great pain, suffering, anxiety, depression, disability, embarrassment, bodily deformation, loss of life's pleasures, loss of well being and other such intangible losses, the full extent of which are not yet known and some or all of which may be permanent in nature. 45. As a direct and proximate result of the conduct of the defendants and each of them as set forth herein, plaintiff has been prevented and will in the future continue to be preventing from performing her usual duties, occupation and avocations and has suffered and will suffer a los of earnings and earning capacity. -9- COUNTI PAULA L. EVANS v. JENNIFER L. TURNER, M.D. 46. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 45 as if more fully set forth at length herein. 47. The aforesaid injuries and conditions were caused by the negligence and carelessness of defendant Jennifer L. Turner, M.D., both generally and in the following particular respects: a. Failing to adhere to the appropriate standard of medical care in the care and treatment of Paula L. Evans, particularly in connection with the performance of the laparoscopic choleycystectomy; b. Failing to use due care and/or employ reasonable skill in ordering appropriate pre-operative testing to determine the nature and extent of the proposed surgery; C. Failing to perform proper and/or adequate intra-operative examinations of Mrs. Evans; d. Failing to properly perform the laparoscopic choleycystectomy; e. Failing to use due care and employ reasonable skill in performing the laparoscopic choleycystectomy; f. Employing inappropriate and/or inadequate methods and techniques and procedures in performing the laparoscopic choleycystectomy ; g. Failing to perform proper and/or adequate post-operative examinations of Paula L. Evans; h. Failing to properly and adequately monitor Paula L. Evan's condition during and after the performance of the laparoscopic choleycystectomy; Failing to properly identify, isolate and protect Mrs. Evans' common bile duct during the surgical procedure; -10- j. Improperly clipping the common bile duct; k. Improperly lacerating the liver; Failing to possess the skill and knowledge required and appropriate to the speciality of general surgery and the proper performance of laparoscopic choleycystectomy; M. Causing or permitting a delay in the diagnosis of the injury to Mrs. Evans common bile duct; n. Failing to render appropriate care and treatment in light of plaintiffs signs and symptoms; o. Failing to render appropriate care and treatment in light of plaintiff s conditions and/or complaints; P. Failing to properly advise and render appropriate follow-up care; q. Failing to properly and adequately examine, diagnose and treat plaintiff in light of her signs, symptoms and conditions; r. Failing to give appropriate discharge instructions; S. Discharging plaintiff prematurely; t. Failing to properly respond to plaintiffs conditions, complaints, signs and/or symptoms in a timely manner; U. Giving plaintiff and her family insufficient, inaccurate of misleading advice, instructions and reassurances concerning her condition; V. Performing improper, insufficient and inadequate examinations on plaintiff; W. Administering incorrect and inappropriate treatment to plaintiff; X. Causing or permitting plaintiffs condition to become worse or more difficult to treat; and Failing to exercise reasonable judgement, employ reasonable skill and otherwise use due care in observing, examining, monitoring, testing, -11- evaluating, diagnosing, following-up, advising, treating and otherwise caring for plaintiff. 48. Defendant Jennifer L. Turner, M.D. undertook and assumed a duty to Paula L. Evans to render reasonable, competent, prompt and proper medical care, advice, services and treatment and to take proper and appropriate measures to evaluate, monitor, identify and improve Mrs. Evans condition and to avoid harm. 49. Paula L. Evans relied upon the aforesaid undertakings of defendant Jennifer L. Turner, M.D. in protecting her from harm. 50. The negligence and carelessness of defendant Jennifer L. Turner, M.D. increased the risk of harm of injury to Paula L. Evans. WHEREFORE, plaintiff Paula L. Evans, claims of defendant Jennifer L. Turner, M.D. a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. COUNT II PAULA L. EVANS v. SUSQUEHANNA SURGEONS, LTD 51. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 50 as if more fully set forth at length herein. 52. The aforesaid injuries and conditions were caused by the negligence and carelessness of defendant Susquehanna Surgeons, LTD. both generally and in the following particular respects: -12- a. Failing to use due care and/or employ reasonable skill in ordering appropriate pre-operative testing to determine the nature and extent of the proposed surgery; b. Failing to adhere to the appropriate standard of medical care in the care and treatment of Paula L. Evans, particularly in connection with the performance of the laparoscopic choleycystectomy; C. Failing to perform proper and/or adequate intra-operative examinations of Mrs. Evans; d. Failing to properly perform the laparoscopic choleycystectomy; e. Failing to use due care and employ reasonable skill in performing the laparoscopic choleycystectomy; f Employing inappropriate and/or inadequate methods and techniques and procedures in performing the laparoscopic choleycystectomy ; g. Failing to perform proper and/or adequate post-operative examinations of Paula L. Evans; h. Failing to properly and adequately monitor Paula L. Evan's condition during and after the performance of the laparoscopic choleycystectomy; i. Failing to properly identify, isolate and protect Mrs. Evans' common bile duct during the surgical procedure; j. Improperly clipping the common bile duct; k. Improperly lacerating the liver; Failing to possess the skill and knowledge required and appropriate to the speciality of general surgery and the proper performance of laparoscopic choleycystectomy; M. Causing or permitting a delay in the diagnosis of the injury to Mrs. Evans common bile duct; n. Failing to render appropriate care and treatment in light of plaintiffs signs and symptoms; o. Failing to render appropriate care and treatment in light of plaintiff's conditions and/or complaints; -13- P. Failing to properly advise and render appropriate follow-up care; q. Failing to property and adequately examine, diagnose and treat plaintiff in light of her signs, symptoms and conditions; r. Failing to give appropriate discharge instructions; S. Discharging plaintiff prematurely; t. Failing to properly respond to plaintiff's conditions, complaints, signs and/or symptoms in a timely manner; U. Giving plaintiff and her family insufficient, inaccurate of misleading advice, instructions and reassurances concerning her condition; V. Performing improper, insufficient and inadequate examinations on plaintiff, w. Administering incorrect and inappropriate treatment to plaintiff, X. Causing or permitting plaintiff's condition to become worse or more difficult to treat; Y. Failing to exercise reasonable judgement, employ reasonable skill and otherwise use due care in observing, examining, monitoring, testing, evaluating, and diagnosing patients such as Paula L. Evans; Z. Failing to properly monitor, oversee, and supervise surgeons, such as Jennifer L. Turner, M.D., while performing a laparoscopic choleycystectomy; aa. Failing to properly monitor, oversee and supervise surgeons, such as Jennifer L. Turner, M.D., in connection with the pre-operative, operative and post-operative care of treatment of patients undergoing laparoscopic choleycystectomy; and bb. Failing to provide, and requiring healthcare personnel to provide, care and treatment within the applicable standard of care to Paula L. Evans. 53. Defendant Susquehanna Surgeons, LTD undertook and assumed a duty to Paula L. Evans to render reasonable, competent, prompt and proper medical care, advice, services and -14- treatment and to take proper and appropriate measures to evaluate, monitor, identify and improve Mrs. Evans' condition and to avoid harm. 54. Paula L. Evans relied upon the aforesaid undertakings of defendant Susquehanna Surgeons, LTD in protecting her from harm. 55. The negligence and carelessness of defendant Susquehanna Surgeons, LTD. increased the risk of harm of injury to Paula L. Evans. WHEREFORE, plaintiff Paula L. Evans claims of defendant Susquehanna Surgeons, LTD, a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. COUNT III PAULA L. EVANS v. HERITAGE MEDICAL GROUP, L.L.P. 56. Plaintiff incorporates by reference the allegations set forth in paragraphs I through 55 as if more fully set forth at length herein. 57. The aforesaid injuries and conditions were caused by the negligence and carelessness of defendant Heritage Medical Group, L.L.P. P., both generally and in the following particular respects: a. Failing to use due care and/or employ reasonable skill in ordering appropriate pre-operative testing to determine the nature and extent of the proposed surgery; b. Failing to adhere to the appropriate standard of medical care in the care and treatment of Paula L. Evans, particularly in connection with the performance of the laparoscopic choleycystectomy; -15- C. Failing to perform proper and/or adequate intra-operative examinations of Mrs. Evans; d. Failing to properly perform the laparoscopic choleycystectomy; Failing to use due care and employ reasonable skill in performing the laparoscopic choleycystectomy; Employing inappropriate and/or inadequate methods and techniques and procedures in performing the laparoscopic choleycystectomy ; g. Failing to perform proper and/or adequate post-operative examinations of Paula L. Evans; h. Failing to properly and adequately monitor Paula L. Evan's condition during and after the performance of the laparoscopic choleycystectomy; Failing to properly identify, isolate and protect Mrs. Evans' common bile duct during the surgical procedure; Improperly clipping the common bile duct; k. Improperly lacerating the liver; 1. Failing to possess the skill and knowledge required and appropriate to the speciality of general surgery and the proper performance of laparoscopic choleycystectomy; M. Causing or permitting a delay in the diagnosis of the injury to Mrs. Evans common bile duct; n. Failing to render appropriate care and treatment in light of plaintiff s signs and symptoms; o. Failing to render appropriate care and treatment in light of plaintiffs conditions and/or complaints; P. Failing to properly advise and render appropriate follow-up care; q. Failing to properly and adequately examine, diagnose and treat plaintiff in light of her signs, symptoms and conditions; Failing to give appropriate discharge instructions; -16- S. Discharging plaintiff prematurely; t. Failing to properly respond to plaintiff s conditions, complaints, signs and/or symptoms in a timely manner; U. Giving plaintiff and her family insufficient, inaccurate of misleading advice, instructions and reassurances concerning her condition; V. Performing improper, insufficient and inadequate examinations on plaintiff, w. Administering incorrect and inappropriate treatment to plaintiff; X. Causing or permitting plaintiff s condition to become worse or more difficult to treat; Y. Failing to exercise reasonable judgement, employ reasonable skill and otherwise use due care in observing, examining, monitoring, testing, evaluating, diagnosing plaintiff's condition Z. Failing to properly monitor, oversee, and supervise surgeons, such as Jennifer L. Turner, M.D., while performing a laparoscopic choleycystectomy; aa. Failing to properly monitor, oversee and supervise surgeons, such as Jennifer L. Turner, M.D., in connection with the pre-operative, operative and post-operative care of treatment of patients undergoing laparoscopic choleycystectomy; and bb. Failing to provide, and requiring healthcare personnel to provide, care and treatment within the applicable standard of care to Paula L. Evans. -17- 58. Defendant Heritage Medical Group, L.L.P. undertook and assumed a duty to Paula L. Evans to render reasonable, competent, prompt and proper medical care, advice, services and treatment and to take proper and appropriate measures to evaluate, monitor, identify and improve Mrs. Evans' condition and to avoid harm to her. 59. Paula L. Evans relief upon the aforesaid undertakings of defendant Heritage Medical Group, L.L.P. in protecting her from harm. 60. The negligence and carelessness of defendant Heritage Medical Group, L.L.P. increased the risk of harm of injury to Paula L. Evans. WHEREFORE, plaintiff Paula L. Evans, claims of defendant Heritage Medical Group, L.L.P. a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. COUNT IV PAULA L. EVANS V. HOLY SPIRIT HEALTH SYSTEM 61. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 60 as if more fully set forth at length herein. 62. The aforesaid injuries and conditions were caused by the negligence and carelessness of defendant Holy Spirit Health System both generally and in the following particular respects: a. Failing to use due care and/or employ reasonable skill in ordering appropriate pre-operative testing to determine the nature and extent of the proposed surgery; 18- b. Failing to adhere to the appropriate standard of medical care in the care and treatment of Paula L. Evans, particularly in connection with the performance of the LAPAROSCOPIC choleycystectomy; C. Failing to perform proper and/or adequate intra-operative examinations of Mrs. Evans; d. Failing to properly perform the laparoscopic choleycystectomy; e. Failing to use due care and employ reasonable skill in performing the laparoscopic choleycystectomy; f. Employing inappropriate and/or inadequate methods and techniques and procedures in performing the laparoscopic choleycystectomy; g. Failing to perform proper and/or adequate post-operative examinations of Paula L. Evans; h. Failing to properly and adequately monitor Paula L. Evan's condition during and after the performance of the laparoscopic choleycystectomy; Failing to properly identify, isolate and protect Mrs. Evans' common bile duct during the surgical procedure; Improperly clipping the common bile duct; k. Improperly lacerating the liver; Failing to possess the skill and knowledge required and appropriate to the speciality of general surgery and the proper performance of laparoscopic choleycystectomy; M. Causing or permitting a delay in the diagnosis of the injury to Mrs. Evans common bile duct; n. Failing to render appropriate care and treatment in light of plaintiff's signs and symptoms; o. Failing to render appropriate care and treatment in light of plaintiff's conditions and/or complaints; P. Failing to properly advise and render appropriate follow-up care; -19- q. Failing to properly and adequately examine, diagnose and treat plaintiff in light of her signs, symptoms and conditions; r. Failing to give appropriate discharge instructions; S. Discharging plaintiff prematurely; t. Failing to properly respond to plaintiff's conditions, complaints, signs and/or symptoms in a timely manner; U. Giving plaintiff and her family insufficient, inaccurate of misleading advice, instructions and reassurances concerning her condition; V. Performing improper, insufficient and inadequate examinations on plaintiff, w. Administering incorrect and inappropriate treatment to plaintiff; X. Causing or permitting plaintiff s condition to become worse or more difficult to treat; Y. Failing to exercise reasonable judgement, employ reasonable skill and otherwise use due care in observing, examining, monitoring, testing, evaluating, diagnosing plaintiff's condition Z. Failing to properly monitor, oversee, and supervise surgeons, such as Jennifer L. Turner, M.D., while performing laparoscopic cholecystectomies; aa. Failing to properly monitor, oversee and supervise surgeons, such as Jennifer L. Turner, M.D., in connection with the pre-operative, operative and post-operative care of treatment of patients undergoing laparoscopic choleycystectomy; and bb. Failing to provide, and requiring healthcare personnel to provide, care and treatment within the applicable standard of care to Paula L. Evans. 63. Defendant Holy Spirit Health System undertook and assumed a duty to Paula L. Evans to render reasonable, competent, prompt and proper medical care, advice, services and -20- treatment and to take proper and appropriate measures to evaluate, monitor, identify and improve Mrs. Evans' condition and to avoid harm to her. 64. Paula L. Evans relied upon the aforesaid undertakings of defendant Holy Spirit Health System in protecting her from harm. 65. The negligence and carelessness of defendant Holy Spirit Health System increased the risk of harm of injury to Paula L. Evans. WHEREFORE, plaintiff Paula L. Evans, claims of defendant Holy Spirit Health System a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. COUNT V PAULA L. EVANS v. HOLY SPIRIT HOSPITAL 66. Plaintiff incorporates by reference the allegations set forth in paragraphs I through 65 as if more fully set forth at length herein. 67. The aforesaid injuries and conditions were caused by the negligence and carelessness of defendant Holy Spirit Hospital both generally and in the following particular respects: a. Failing to use due care and/or employ reasonable skill in ordering appropriate pre-operative testing to determine the nature and extent of the proposed surgery; b. Failing to adhere to the appropriate standard of medical care in the care and treatment of Paula L. Evans, particularly in connection with the performance of the LAPAROSCOPIC choleycystectomy; -21- c. Failing to perform proper and/or adequate intra-operative examinations of Mrs. Evans; d. Failing to properly perform the laparoscopic choleycystectomy; e. Failing to use due care and employ reasonable skill in performing the laparoscopic choleycystectomy; f. Employing inappropriate and/or inadequate methods and techniques and procedures in performing the laparoscopic choleycystectomy ; g. Failing to perform proper and/or adequate post-operative examinations of Paula L. Evans; It. Failing to properly and adequately monitor Paula L. Evan's condition during and after the performance of the laparoscopic choleycystectomy; i. Failing to properly identify, isolate and protect Mrs. Evans' common bile duct during the surgical procedure; Improperly clipping the common bile duct; k. Improperly lacerating the liver; Failing to possess the skill and knowledge required and appropriate to the speciality of general surgery and the proper performance of laparoscopic choleycystectomy; M. Causing or permitting a delay in the diagnosis of the injury to Mrs. Evans common bile duct; n. Failing to render appropriate care and treatment in light ofplaintiff s signs and symptoms; o. Failing to render appropriate care and treatment in light of plaintiff's conditions and/or complaints; P. Failing to properly advise and render appropriate follow-up care; q. Failing to properly and adequately examine, diagnose and treat plaintiff in light of her signs, symptoms and conditions; Failing to give appropriate discharge instructions; -22- S. Discharging plaintiff prematurely; Failing to properly respond to plaintiff s conditions, complaints, signs and/or symptoms in a timely manner; U. Giving plaintiff and her family insufficient, inaccurate of misleading advice, instructions and reassurances concerning her condition; V. Performing improper, insufficient and inadequate examinations on plaintiff, w. Administering incorrect and inappropriate treatment to plaintiff, X. Causing or permitting plaintiff s condition to become worse or more difficult to treat; Y. Failing to exercise reasonable judgement, employ reasonable skill and otherwise use due care in observing, examining, monitoring, testing, evaluating, diagnosing plaintiff's condition; Z. Failing to properly monitor, oversee, and supervise surgeons, such as Jennifer L. Turner, M.D., while performing laparoscopic cholecystectomies; aa. Failing to properly monitor, oversee and supervise surgeons, such as Jennifer L. Turner, M.D., in connection with the pre-operative, operative and post-operative care of treatment of patients undergoing laparoscopic choleycystectomy; and bb. Failing to provide, and requiring healthcare personnel to provide, care and treatment within the applicable standard of care to Paula L. Evans. 68. Defendant Holy Spirit Hospital undertook and assumed a duty to Paula L. Evans to render reasonable, competent, prompt and proper medical care, advice, services and treatment and to take proper and appropriate measures to evaluate, monitor, identify and improve Mrs. Evans' condition and to avoid harm. -23- 69. Paula L. Evans relied upon the aforesaid undertakings of defendant Holy Spirit Hospital in protecting her from harm. 70. The negligence and carelessness of defendant Holy Spirit Hospital increased the risk of harm of injury to Paula L. Evans. WHEREFORE, plaintiff Paula L. Evans, claims of defendant Holy Spirit Hospital a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. COUNT VI OLIVER EVANS V. ALL DEFENDANTS 71. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 70 as if more fully set forth at length herein. 72. As a direct and proximate result of the negligence of the defendants and each of them, as described more fully above, plaintiff Oliver Evans has been denied and will in the future be denied the companionship, love, affection, comfort, care, society, services and consortium of his wife, Paula L. Evans. WHEREFORE, plaintiff Oliver Evans, claims of defendants, and each of them, a sum in excess of Fifty Thousand ($50,000.00) Dollars in compensatory damages, together with lawful interest, costs of suit, attorney's fees and delay damages. YOUNG RICCHIUTI CALDWELL & HELLER, LLC n BY: P R CCHIUTI, S I E Attorney for Plaintiffs -24- VERIFICATION I, PAULA L. EVANS, hereby verify that I am the plaintiff in the foregoing action; that the attached Complaint is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not mine. I have read the Complaint, and to the extent the statements therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information, and belief. To the extent the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that if false statements were made herein I would be subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. r "7 `-PAULA L. EVANS Date: vs- -C"_0 - VERIFICATION I, Oliver Evans, hereby verify that I am the plaintiff in the foregoing action; that the attached Complaint is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not mine. I have read the Complaint, and to the extent the statements therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information, and belief. To the extent the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that if false statements were made herein I would be subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. OLIVER EVANS ?g ? h Date, ;, ?,?:' YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO JENNIFER L. TURNER. M.D. I, Joseph F. Ricchiuti, Esquire, certify that: 0 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 health care professional 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 ? the claim that this health care provider 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 harms; OR 13 expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this health care professional. YOUNG RICCHIUTI CALDWELL & HELLER O . RICCHIU I Attorney for Plaintiffs DATE: May 23, 2005 -2- C, ? .. YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL I, Joseph F. Ricchiuti, Esquire, certify that: ? An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 0. 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. YOUNG RICCHIUTI CALDWELL & HELLER G? O H 1 RICCHI I Attorney for Plaintiffs DATE: May 23, 2005 -2- ?. r. . -? ?^' ?° ? ? ? ?? - -?-- ? .> ?---- :; ? ?- a ;? -}> o r YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 2671546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HOLY SPIRIT HEALTH SYSTEMS I, Joseph F. Ricchiuti, Esquire, certify that: ? An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ® the claim that this defendant deviated from an acceptable professional standard is based Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. YOUNG RICCHIUTI CALDWELL & HELLER 4 J P F. RICC IU Attorney for Plaintiffs DATE: May 23, 2005 -2- YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 2671546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO SUSQUEHANNA SURGEONS, LTD. I, Joseph F. Ricchiuti, Esquire, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR the claim that this defendant deviated from an acceptable professional standard is based Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. YOUNG RICCHIUTI CALDWELL & HELLER H CCHTI Attorney for Plaintiffs DATE: May 23, 2005 -2- V YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HERITAGE MEDICAL GROUP. L.L.P. I, Joseph F. Ricchiuti, Esquire, certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. YOUNG RICCHIUTI CALDWELL & HELLER J H F. RICCH U Attorney for Plaintiffs DATE: May 23, 2005 -2- jt ?:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION h/w, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS DR. TURNER AND HERITAGE MEDICAL GROUP, LLP TO PLAINTIFF'S COMPLAINT This is a medical professional liability action arising out of a course of treatment and care provided to Plaintiff Paula L. Evans, including laparoscopic surgery performed by Defendant Jennifer L. Turner, M.D., on or about March 25, 2003. Plaintiffs recently filed a Complaint and associated Certificates of Merit. 3. In Count I of the Complaint, Plaintiffs attempt to state a claim against Dr. Turner. 4. In Count III of the Complaint, Plaintiffs attempt to state a claim against Heritage Medical Group, LLP. Insufficient Specificity Count I contains numerous averments against Dr. Turner, including averments of negligence in certain particular respects, as outlined in the 25 subparagraphs labeled as subparagraphs 47(a) through 47 (y). 6. In subparagraph 47(y), Plaintiffs allege that Dr. Turner failed to "otherwise use due care" in a number of respects including "otherwise caring" for Plaintiff Paula Evans. It is well-established that allegations of failing to otherwise use due care are insufficiently specific under the Pennsylvania Rules of Civil Procedure. A similar allegation is contained in Count III, in which Plaintiffs purport to raise claims against the Heritage Medical Group, LLP, the practice group in which Dr. Turner participated at the time of the treatment and care out of which this case arises. See Plaintiffs' Complaint, subparagraph 57(y). 9. Defendants respectfully submit that subparagraphs 47(y) and 57(y) are insufficiently specific pursuant to Pa.R.C.P. No. 1028(a)(3). WHEREFORE, Defendants Dr. Turner and Heritage respectfully request that this Court grant their objection and enter an order striking subparagraphs 47(y) and 57(y) for insufficient specificity. 2 Leea1 Insufficiency 10. In Count III of the Complaint, the count against the practice group, Plaintiffs repeat each allegation stated against Dr. Turner in Count I. See Count III, subparagraphs 57(a) - (y) (against the group) and Count 1, subparagraphs 47(a) - (y) (against Dr. Turner). 11. However, at the close of Count III, Plaintiffs also include direct allegations against the practice group, Heritage Medical Group, of failures to properly monitor, oversee, and supervise surgeons before, during, and after surgery. See subparagraphs 57(x) - (bb). 12. The duties referenced in subparagraphs 57(x) - (bb) of the Complaint are duties that arise under the theory of corporate negligence adopted and explained in Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991). 13. The Pennsylvania Superior Court recently refused to extend liability under the corporate negligence doctrine to physician practice groups. Sutherland v. Monongahela Valley Hospital, 2004 Pa. Super. 245, 856 A. 2d 55 (2004). 14. Moreover, the Certificate of Merit filed by Plaintiffs against Heritage indicates that all claims against Heritage are vicarious, based upon the actions of agents or employees, and not based upon any written opinion that Heritage itself fell below the applicable standards in the conduct of its operations. 15. Defendant Heritage Medical Group respectfully submits that subparagraphs 57(z) - (bb) are legally insufficient pursuant to Pa.R.C.P. No. 1028(a)(4). 16. The applicable statute of limitations on any direct claim against Heritage has expired. WHEREFORE Defendant Heritage Medical Group, LLP, respectfully requests that this Court grant its objection and strike subparagraphs 57(z) - (bb) and all claims of direct negligence against Heritage from the action, with prejudice, for legal insufficiency. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN (3, X05 DATE: BY; MICHAEL D. PIPA, ESQtWE Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP \05_A\LIAB\MEP\LLPG\ I88525\MEP\01012\00142 4 CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing was served to all parties listed herein via United States First-Class Mail on the f `- - day of 2005. Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 Wilbur McCoy Otto, Esquire Dickie, McCamey, Chilcoate 2 PPG Place, Ste. 400 Pittsburg, PA 15222 Attorneys for Holy Spirit Hospital and Holy Spirit Health Systems Susquehanna Surgeons, Ltd. 532 North Front Street Wormleysburg, PA 17043 DATE: 13 / ?ZV?' MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: 4j4Uj4'VAz MICHAEL D. PIPA, ESWJI E Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP n ? ` ; ?- ?, ; ?? r„ _ _? Ri .? `3 Cif ? t?_ ? f '. '[7 ., ' C' 'r ?; ? - i,r? l ll N =t DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 7314803 (Fax) PAULA L. EVANS and OLIVER EVANS, husband and wife, Plaintiffs JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD., HERITAGE MEDIAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 05-1465 CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY .ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M. Chairs, Esquire on behalf of Defendants, Holy Spirit Health System and Holy Spirit Hospital, with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 21, 2005 By: I IL F cis E. Marshall, Jr., Esquire Supreme Court I. D. #27594 Thomas M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System and Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, this 21st day of June, 2005, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph F. Ricchiuti, Esquire YOUNG RICCHIUTI CALDWELL & HEILLER, LLC 1600 Market Street, Suite 3800 Philadelphia, PA 19103 (Counsel for Plaintiffs) Michael D. Pipa, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Jennifer L. Turner, M.D. and Heritage Medical Group, LLP) Susquehanna Surgeons, LTD 532 North Front Street Wormleysburg, PA 17043 1 Dated: June 21, 2005 Ck' /hKE Thomas M. Chairs, Esquire r-,7, Cam) ?') ?> { .--y J, ??(` N ?;'.C? i, -;= '? Y J J? c :? ?? ? MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorneyfor Defendants, Jennifer L. Turner, M.D. and Susquehanna Surgeons, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION hlw, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants STIPULATION OF COUNSEL It is hereby stipulated by Plaintiffs and Defendants Jennifer Turner, M.D. and Heritage Medical Group, acting through counsel who certify that they have the authority to act on behalf of the parties, as follows: 1. In response to Plaintiffs' Complaint, Defendants :Fled Preliminary Objections, and the Plaintiffs and Moving Defendants now desire to resolve those objections by Stipulation. 2. The parties agree that subparagraph 47(y) of the Complaint is amended by the deletion of the phrase "and otherwise use due care" and deletion of the phrase "and otherwise caring for." 3. The parties agree that subparagraph 57(y) of the Complaint is amended by the deletion of the phrase "and otherwise use due care." 4. The parties agree that the Complaint is amended by the deletion of subparagraphs 57(z) - (bb). 5. The parties agree that given the deletion of subparagraphs 57(z) - (bb) from the Complaint, all claims of direct negligence against Heritage Medical Group based upon the doctrine of corporate negligence announced in Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991) - are dismissed, with prejudice. 6. Counsel of record listed below enter this Stipulation on behalf of their respective clients and certify that they are authorized to do so. Date J? . RI CHIUTI, ES IRE Attorneys for Plaintiffs Date MICHAEL D. PIPA, ESqOIRE Attorneys for Defendants, Susquehanna Surgeons, Ltd., and Jennifer L. Turner, M.D. \05_A\LIAB\MEP\LLPG\191218\TKC\01012\00142 CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing was served to all parties listed herein via United States First-Class Mail on the Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 Attorney for Plaintiffs DATE, a l a c3C?? day of July, 2005. Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorney for Holy Spirit Health Systems and Holy Spirit Hospital MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: 44/? MICHAEL D. PII'A, ESQ Attorneys for Defendants, Jennifer L. Turner, M.D. and Susquehanna Surgeons, Ltd. \05_A\LIAB\MEP\LLPG\ 191218\TKC\01012\00142 !- ri " ? ? r o vi -r7 L --T +.::: 9?? - R.) ` r.? CJi ?._:I. f:^ - rr? N • `a i \) ?` ' RECEIVED JUL 2 6 2005 K MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorneyfor Defendants, Jennifer L. Turner, M.D. and Susquehanna Surgeons, Ltd. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION h/w, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants ORDER AND NOW, this 2 S' day of --of4l , 2005, upon consideration of the attached Stipulation of parties to resolve Preliminary Objections, it is hereby ordered that the Stipulation is adopted and the phrases "otherwise use due care" and "and otherwise caring for" are dismissed from the subparagraphs 47(y) and 57(y) as set forth in the AjN('C is 1,1S .? Nd 0 7? r SUZ 1 -4 41 ,C) 31 r2lij Stipulation, with prejudice, and subparagraphs 57(z) - (bb) and any claim based upon the doctrine of corporate negligence announced in Thompson v. Nason Hospital, 591 A.2d 703 (Pa. Super. 1991) are dismissed with prejudice. BY THE, COURT: ?1 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorney for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants NOTICE TO PLEAD TO: Paula L. Evans and Oliver Evans c/o Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 You are hereby notified to plead to the enclosed New Matter to Plaintiffs Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: August 10 , 2005 BY: OLLQao?' MICHAEL D. PIPA, QUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorney for Defendants, Jennifer L. Turner M.D. and Heritage Medical Group LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION h/w, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants ANSWER WITH NEW MATTER OF DEFENDANTS JENNIFER L TURNER M.D. AND HERITAGE MEDICAL GROUP, LLP TO PLAINTIFFS' COMPLAINT Admitted. 2. Admitted. The averments of Paragraph 3 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a former physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. 4. Admitted. 5. The averments of Paragraph 5 are directed to a party other than Answering Defendants and no response is therefore required. 6. The averments of Paragraph 6 are directed to a party other than Answering Defendants and no response is therefore required. 7. Admitted in part and denied in part. It is admitted that Dr. Turner acted individually in providing care and treatment to Plaintiff Paula L. Evans during her admission to Holy Spirit Hospital. It is specifically denied that Dr. Turner acted through any agent, servant, and/or employee including, but not limited to, physicians, resident physicians, nurses, technicians, therapists, and other personnel providing health care services to Plaintiff Paula Evans. 8. The averments of Paragraph 8 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a former physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. 9. Admitted in part and denied in part. It is admitted that Defendant Heritage acted through Dr. Turner and other physicians employed by Heritage and operating under the factitious name of Susquehanna Surgeons. It is specifically denied that Defendant Heritage acted through any other agent, servant or employee including, but not limited to, technicians, therapists, nurses and other personnel providing health care services to Plaintiff Paula Evans during her admission at Holy Spirit Hospital. By way of further answer, the response to Paragraph 3 above is incorporated herein by reference. 10. The response to Paragraph 5 above is incorporated herein by reference. 11. The response to Paragraph 3 above is incorporated herein by reference. 12. The response to Paragraph 3 above is incorporated herein by reference. 13. Admitted. 14. The response to Paragraph 5 above is incorporated herein by reference. By way of further answer, it is specifically denied that Dr. Turner was the agent or employee of Holy Spirit Health Systems or Holy Spirit Hospital. 15. The response to Paragraph 6 above is incorporated herein by reference. By way of further answer, it is specifically denied that Dr. Turner was the agent or employee of Holy Spirit Health Systems or Holy Spirit Hospital. 16. Admitted in part and denied in part. By way of further answer, the responses to Paragraphs 7 through 15 above are incorporated herein by reference. Dr. Turner acted in an agency capacity on behalf of Heritage only and no others identified in the Complaint acted in an agency capacity for Dr. Turner or Heritage. To the extent other unnamed persons are referred to, the allegations are insufficiently specific to either admit or deny. 17. Admitted. By way of further answer, the medical records are incorporated herein by reference. To the extent any further answer is deemed necessary, the averments of Paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). 18. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. 19. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 20. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 4 21. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 22. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 23. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 24. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 25. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. To the extent the averments of this paragraph are inconsistent with the records, the averments are denied. 26. The averments of this paragraph of the Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations are denied pursuant to Rule 1029(e). By way of further answer, the medical records reflecting the treatment and care provided to Plaintiff Paula Evans on the dates and at the times referred to in the Complaint are incorporated herein by reference. By way of further answer, any and all averments or implications of improper conduct, a failure to meet the appropriate standards of care there and then prevailing, and any liability - producing conduct on the part of the Answering Defendants are specifically denied. 27. The averments of this paragraph of the Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the allegations are denied pursuant to Rule 1029(e). By way of further answer, the medical records reflecting the treatment and care provided to Plaintiff Paula Evans on the dates and at the times referred to in the Complaint are incorporated herein by reference. By way of further answer, any and all averments or implications of improper conduct, a failure to meet the appropriate standards of care there and then prevailing, and any liability - producing conduct on the part of the Answering Defendants are specifically denied. 28. Dr. Turner admits that she was involved in the treatment and care of Plaintiff Paula Evans at or around the time periods and for the conditions alleged generally in the Complaint. The remaining averments of this paragraph of the Complaint are denied pursuant to Rule 1029(e). To the extent any further answer is deemed necessary, the medical records pertaining to the treatment and care of Plaintiff Paula Evans on the dates referred to in the Complaint are incorporated herein by reference. 29. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with Plaintiff Paula Evans' post operative course at Holy Spirit Hospital are incorporated herein by reference. 30. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with Plaintiff Paula Evans' post operative course at Holy Spirit Hospital are incorporated herein by reference. 31. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 7 32. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 33. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 34. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 35. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 36. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 37. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 38. The averments of Paragraph 38 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). 39. Denied pursuant to Rule 1029(e). By way of further answer, the medical records associated with the time period and treatment mentioned by Plaintiff in the paragraph of the Complaint are incorporated herein by reference. 40. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that any actions of the Answering Defendants increased the risk of harm, injuries and damages to Plaintiff Paula Evans. 41. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that the actions of the Answering Defendants in any way caused any harm to Plaintiff Paula Evans. 42. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that the actions of the Answering Defendants in any way caused any hann to Plaintiff Paula Evans. 43. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that the actions of the Answering Defendants in any way caused any harm to Plaintiff Paula Evans. 10 44. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that the actions of the Answering Defendants in any way caused any harm to Plaintiff Paula Evans. 45. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, all averments of carelessness, recklessness, negligence and gross negligence, and all averments and implications of a failure to meet the appropriate standard of care under the circumstances then and there prevailing are specifically denied. To the contrary, it is averred that the Answering Defendants at all times acted with reasonable care under the circumstances then and there prevailing and in compliance with the applicable standards of professional medical care in all aspects of the treatment and care provided to Plaintiff Paula Evans. It is further specifically denied that the actions of the Answering Defendants in any way caused any harm to Plaintiff Paula Evans. 11 COUNTI PAULA L. EVANS V. JENNIFER L. TURNER, M.D. 46. The responses to Paragraphs 1 through 45 above are incorporated herein by reference. 47. The averments of this paragraph of Plaintiffs' Complaint and each of its subparagraphs constitute conclusions of law to which no response is required. To the extent that a response is deemed required, all allegations are denied pursuant to Rule 1029(e). By way of further answer, all averments of a failure to comply with the appropriate standards of care under the circumstances then and there prevailing and all averments and implications of any liability - producing conduct are specifically denied and is averred to the contrary, that Dr. Turner at all times met and complied with the appropriate standards of medical care. By way of further answer, Plaintiffs and Answering Defendants have agreed that the phrase "and otherwise use due care" has been deleted from subparagraph 47(i) of the Complaint and no response to that allegation is therefore required. 48. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). 49. Denied pursuant to Rule 1029(e). 50. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, it is specifically denied that Dr. Turner was in any way negligent or careless and that any action or inaction on her part increased the risk of harm to Plaintiff Paula Evans. To the contrary, Dr. Turner at all 12 times acted with reasonable care and meet all applicable standards of care prevailing in the medical profession under the circumstances then and there prevailing and no action or inaction on her part in any way increased the risk of harm to Plaintiff Paula Evans. COUNT II PAULA L. EVANS V. SUSQUEHANNA SURGEONS, LTD. 51. The responses to Paragraphs 1 through 50 above are incorporated herein by reference. 52. The averments of Paragraph 52 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a former physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. 53. The averments of Paragraph 53 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a former physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. 13 54. The averments of Paragraph 54 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a forrner physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. 55. The averments of Paragraph 55 are directed to a party other than Answering Defendants and no response on the part of the Answering Defendants is therefore required. By way of further answer, however, Answering Defendants assert that Susquehanna Surgeons, Limited is a former physician practice group that has been succeeded in interest by Defendant Heritage Medical Group. Heritage operates a medical practice out of the same offices and continues to utilize the fictitious name of Susquehanna Surgeons, Limited. The parties to this case have agreed to a stipulation that, upon court approval, will result in the voluntary discontinuance of all claims against Susquehanna Surgeons. COUNT III PAULA L. EVANS V. HERITAGE MEDICAL GROUP, LLP 56. The responses to Paragraphs 1 through 55 above are incorporated herein by reference. 57. The averments of this paragraph of Plaintiffs' Complaint and each of its subparagraphs constitute conclusions of law to which no response is required. To the extent that a response is deemed required, all allegations are denied pursuant to Rule 1029(e). By way of further answer, all averments of a failure to comply with the appropriate standards of care under 14 the circumstances then and there prevailing and all averments and implications of any liability - producing conduct are specifically denied and is averred to the contrary, that Heritage Medical Group, LLP at all times meet and complied with the appropriate standards of medical care. By way of further answer, Plaintiffs and Answering Defendants have agreed that the phrase "and otherwise use due care" has been deleted from subparagraph 57(i) of the Complaint and no response to that allegation is therefore required. By way of further answer, pursuant to the same stipulation and anticipated Court Order, subparagraphs 57(z), (aa), (bb), and any claim sounding in corporate negligence against Defendant Heritage, have been voluntarily discontinued, withdrawn from the action and dismissed with prejudiced and no response to those subparagraphs is therefore required. 58. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). 59. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the avennents are denied pursuant to Rule 1029(e). 60. The averments of this paragraph of Plaintiffs' Complaint constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). COUNT IV PAULA L. EVANS V. HOLY SPIRIT HEALTH SYSTEM 61. The responses to Paragraphs 1 through 60 above are incorporated herein by reference. 62. The averments of Paragraph 62 are directed to a party other than Answering Defendants and no response is therefore required. 15 63. The averments of Paragraph 63 are directed to a party other than Answering Defendants and no response is therefore required. 64. The averments of Paragraph 64 are directed to a party other than Answering Defendants and no response is therefore required. 65. The averments of Paragraph 65 are directed to a party other than Answering Defendants and no response is therefore required. COUNT V PAULA L. EVANS V. HOLY SPIRIT HOSPITAL 66. The responses to Paragraphs 1 through 65 above are incorporated herein by reference. 67. The averments of Paragraph 67 are directed to a party other than Answering Defendants and no response is therefore required. 68. The averments of Paragraph 68 are directed to a party other than Answering Defendants and no response is therefore required. 69. The averments of Paragraph 69 are directed to a party other than Answering Defendants and no response is therefore required. 70. The averments of Paragraph 70 are directed to a party other than Answering Defendants and no response is therefore required. COUNT VI OLIVER EVANS V. ALL DEFENDANTS 71. The responses to Paragraphs 1 through 70 above are incorporated herein by reference. 72. The averments of Paragraph 72 constitute conclusions of law to which no response is required. To the extent that a response is deemed required, the averments are denied pursuant to Rule 1029(e). 16 NEW MATTER 73. At no time relevant to the events referred to in Plaintiffs' complaint were the Defendants, their agents, servants, employees or otherwise acting on or in behalf of any other natural person, partnership, corporation or other legal entity. 74. At all times relevant to the events referred to in Plaintiffs' complaint, the Defendants complied with the applicable standard of care. 75. The Defendants are entitled to relief and contribution in accord with the Pennsylvania Comparative Negligence Act, 42 P.S. § 7102, as amended by Senate Bill 1089, effective August 14, 2002. 76. In the event that it is determined that the Defendants were negligent with regard to any of the allegations contained in Plaintiffs' complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than the Defendants and over whom the Defendants had no control, right, or right to control and the Defendants therefore are not liable. 77. Any acts or omissions of the Defendants alleged to constitute negligence were not substantial causes, factual causes, or factors contributing to the injuries and damages alleged in Plaintiffs' complaint. 78. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of the Defendants but rather were caused by pre-existing medical conditions and/or causes beyond the control of the Defendant and the Plaintiffs therefore may not recover against the Defendants. 79. Plaintiffs claims are limited and barred by the provisions of the Medical Care Availability and Reduction of Errors (MCARE) Act, 40 P.S. § 1303.101. 17 80. The damages alleged by the Plaintiffs did not result from acts or omissions of the Defendants, their agents, servants or employees, but rather resulted from acts or omissions of persons and/or entities over whom the Defendants had no right of control. 81. Plaintiffs' claims, the existence of which are specifically denied by the Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accord with Pennsylvania Statutes and the opinion of the Pennsylvania Supreme Court in Moorehead v. Crozer Chester Medical Center. 82. The Defendants demand trial by jury on all issues. 83. Answering Defendants are entitled to and assert all defenses available under the Fair Share Act, 42 Pa.C.S. §710213. WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiffs, including interest, costs, and fees, and other relief deemed appropriate by this Court. MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN DATE: August 10 1 2005 BY: j- MICHAEL D. PIPA, ESQ1710 Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP 18 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer to the Complaint with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer to the Complaint with New Matter is that of counsel and not my own. I have read the Answer to the Complaint with New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer to the Complaint with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. a Date:/ ?(n Je ' er, . Tumer, M.D. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorney for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certified that a true and correct copy of the foregoing Notice to Plead and Answer with New Matter was served to all parties listed herein via United States First-Class Mail on August o_:?2005. Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 Attorney for Plaintiffs Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorney for Holy Spirit Health Systems and Holy Spirit Hospital Michael D. Pipa \05_A\LIAB\MEP\LLPG\ I91705\KPM\01012\00142 n ?a? ?. ?rn?7? - ? Cyn N `?rr? '='? [ ?? --c u YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS, JENNIFER L. TURNER, M.D. AND HERITAGE MEDICAL GROUP. LLP 73. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. 74. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. By way of further reply, plaintiffs adopt the averments of their Complaint. 75. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. By way of further reply, it is specifically denied plaintiff was in any way negligent. On the contrary, at all times plaintiff acted with due regard for her own care. 76. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. It is impossible for plaintiffs to further reply to the allegations in this Complaint as no specific allegations are alleged, and no persons, parties and/or organizations alleged by defendant to be negligent are identified. 77. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. Plaintiffs incorporate by reference the allegations of their Complaint. 78. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. Plaintiffs adopt by reference the allegations of their Complaint. By way of further reply, it is specifically denied the injuries and losses set forth in plaintiffs' Complaint were caused by any preexisting medical conditions, and defendants have failed to set forth any such conditions. It is further specifically denied the causes were beyond the control of defendants. 79. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. 80. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. Plaintiffs incorporate by reference the allegations of their Complaint. A further reply is not possible as defendants fail to identify persons and/or entities alleged by defendants to have caused the damages. 81. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary. 82. Admitted. Plaintiffs have demanded a trial by jury. 83. Denied. The averments of this paragraph set forth conclusions of law to which -2- no reply is necessary. YOUNG RICCHIUTI CALDWELL & HELLER By: J EP'H OCHIU I'? - Attorney for Plaintiffs -3- VERIFICATION I, Paula L. Evans, hereby verify that I am the plaintiff in the foregoing action; that the attached Reply to New Matter is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Reply is that of counsel and not mine. I have read the Reply, and to the extent the statements therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information, and belief. To the extent the contents of the Reply are that of counsel, I have relied upon counsel in making this Verification. I understand that if false statements were made herein I would be subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. PAULA L. EVANS Date: 9 13 0-j r ?? ? -C1 S ? T ? f.s i'+ 1 [ 'tl f.., i1 ?; `qi J C? ??? C? 4.??-. V?C..i -:'i ? ? f ., i. . ? ..p ..?l`? ? O? ?; =? t.J ::< ri DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) PAULA L. EVANS and OLIVER EVANS, husband and wife, Plaintiffs v JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, Defendants ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 05-1465 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF HOLY SPIRIT HOSPITAL TO THE PLAINTIFFS' COMPLAINT AND NOW comes Defendant Holy Spirit Hospital by and through its counsel DICKIE, MCCAMEY & CHILCOTE, P.C. and files the within Answer with New Matter to the Plaintiffs' Complaint and support thereof avers as follows: After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiffs' Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. Paragraph 2 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 2 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 3. Paragraph 3 of the Plaintiffs' Complaint refers to parties other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 3 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 4. Paragraph 4 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 4 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 5. Paragraph 5 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 5 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally 6. Admitted in part. Denied in part. It is admitted that Defendant Holy Spirit Hospital is a Pennsylvania Non-profit Hospital with facilities for providing health care services located at 503 North 21" Street, Camp Hill, Pennsylvania 17001. It is specifically and unequivocally denied that the Answering Defendant is in anyway liable to the Plaintiff. 7. Paragraph 7 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 7 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally. By way of further response it is specifically and unequivocally denied that Jennifer L. Turner, M.D. was an agent/servant and/or employee of Holy Spirit Hospital. 8. Paragraph 8 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 8 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally. By way of further response it is specifically and unequivocally denied that Susquehanna Surgeons, LTD was at any time material hereto an agent/servant and/or employee of Holy Spirit Hospital. 9. Paragraph 9 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 9 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally. By way of further response it is specifically and unequivocally denied that Defendant Heritage Medical Group, LLP and/or Susquehanna Surgeons, LTD are the agents/servants and/or employees of Holy Spirit Hospital. 10. Paragraph 10 of the Plaintiffs' Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 10 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. By way of further response Holy Spirit Health Systems is an administrative entity that does not provide health care to patients. By way of further response it is specifically and unequivocally denied that Jennifer L. Turner, M.D. was an agent/servant and/or employee of Answering Defendant. By way of further response Jennifer L. Turner, M.D. has no relationship with the Holy Spirit Health System. Jennifer L. Turner, M.D. is an independent contractor with respect to the Holy Spirit Hospital and has no affiliation with the Holy Spirit Health Systems. The balance of the allegations set forth in Paragraph 10 of the Plaintiffs' Complaint constitute general allegations of agency which are specifically denied. 11. Paragraph 11 of the Plaintiffs' Complaint refers to parties other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 11 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of facts are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 12. Paragraph 12 of the Plaintiffs' Complaint refers to parties other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 12 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 13. Paragraph 13 of the Plaintiffs' Complaint refers to parties other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 13 of the Plaintiffs' Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 14. Paragraph 14 of the Plaintiffs' Complaint refers to parties other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 14 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally. By way of further response Holy Spirit Health Systems is an administrative entity that does not provide health care to patients. By way of further response Jennifer L. Turner, M.D. is an independent contractor with respect to the Holy Spirit Hospital and has no affiliation with Holy Spirit Health Systems. 15. Denied. It is specifically and unequivocally denied that Defendant Jennifer L. Turner, M.D. is an agent severing and/or employee of the Holy Spirit Hospital. To the contrary at all times material hereto, Defendant Jennifer L. Turner, M.D. was an independent contractor with respect to Holy Spirit Hospital. 16. Paragraph 16 of the Plaintiffs' Complaint set forth a general allegation of agency which are specifically denied. 17. Paragraph 17 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 18. Paragraph 18 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 19. Paragraph 19 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 20. Paragraph 20 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 21. Paragraph 21 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 23. Paragraph 23 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 24. Paragraph 24 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 25. Paragraph 25 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 26. Paragraph 26 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 27. Paragraph 27 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 28. Paragraph 28 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 29. Paragraph 29 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 30. Paragraph 30 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 31. Paragraph 31 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 32. Paragraph 32 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 33. Paragraph 33 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 34. Paragraph 34 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 35. Paragraph 35 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 36. Paragraph 36 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 37. Paragraph 37 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 38. Paragraph 38 of the Plaintiffs' Complaint is denied generally in generally in accord with Pennsylvania Rule of Civil Procedure 1029. 39. Paragraph 39 of the Plaintiffs' Complaint is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 40. Paragraph 40 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 40 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 41. Paragraph 41 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 41 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 42. Paragraph 42 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 42 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 43. Paragraph 43 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 43 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 44. Paragraph 44 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 44 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 45. Paragraph 45 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of facts, consequently no response is required. In the alternative, to the extent that paragraph 45 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. COUNTI PAULA L. EVANS v. JENNIFER L. TURNER. M.D. 46-50. Paragraphs 46 through 50 of the Plaintiffs' Complaint refer to parties other than the Answering Defendant, consequently no response is required. In the alternative to the extent that Paragraphs 46 through 50 of the Plaintiffs' Complaint are deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally as after reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. COUNT II PAULA L. EVANS v. SUSOUEHANNA SURGEONS, LTD 51-55. Paragraphs 51 through 55 of the Plaintiffs' Complaint refer to parties other than the Answering Defendant, consequently no response is required. In the alternative to the extent that Paragraphs 51 through 55 of the Plaintiffs' Complaint are deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally as after reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. COUNT III PAULA L. EVANS v. HERITAGE MEDICAL GROUP. L.L.P. 56-60. Paragraphs 56 through 60 of the Plaintiffs' Complaint refer to parties other than the Answering Defendant, consequently no response is required. In the alternative to the extent that Paragraphs 56 through 60 of the Plaintiffs' Complaint are deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally as after reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. COUNT IV PAULA L. EVANS v. HOLY SPIRIT HEALTH SYSTEM 61-65. Paragraphs 61 through 65 of the Plaintiffs' Complaint refer to parties other than the Answering Defendant, consequently no response is required. In the alternative to the extent that Paragraphs 61 through 65 of the Plaintiffs' Complaint are deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally. By way of further response, the Holy Spirit Health System is an administrative entity that does not provide health to patients. COUNT V PAULA L. EVANS v. HOLY SPIRITI HOSPITAL 66. The above-stated response to Paragraphs 1 through 65 of the Plaintiffs' Complaint are incorporated herein as if fully set forth. 67. Paragraph 67 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 67 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 68. Paragraph 68 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 68 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 69. Paragraph 69 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 69 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 70. Paragraph 70 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 70 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiffs are entitled to the relief requested or any relief whatsoever and demand that judgment be entered in its favor and against the Plaintiffs and that the Answering Defendant be awarded appropriate costs and fees. COUNT VI PAULA L. EVANS v. ALL DEFENDANTS 71. The above-stated response to Paragraphs 1 through 70 of the Plaintiffs' Complaint are incorporated herein as if fully set forth. 72. Paragraph 72 of the Plaintiffs' Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 72 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiffs are entitled to the relief requested or any relief whatsoever and demand that judgment be entered in its favor and against the Plaintiffs and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 73. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate her damages, this Defendant pleads the defense of the failure to mitigate. 74. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 75. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to her injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 76. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiffs' medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 77. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiffs' claims. 78. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 79. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 80. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. § 1301.508)). 81. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs' claims. 82. All physicians rendering care or treatment to the Plaintiff are independent contractor with respect to the Holy Spirit Hospital and any allegation to the contrary set forth in the Plaintiffs' Complaint is specifically denied. Date: October 4, 2005 Respectfully submitted, DICKIE, MCCAMEY & By: P.C. rnomas rvi. t-nairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System and Holy Spirit Hospital PC-126 VERIFICATION I, Fran Charney, Risk Manager of Holy Spirit Hospital hereby verifies that the facts set forth in Answer and New Matter of Defendant Holy Spirit Hospital 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. HOLY SPIRIT HOSPITAL Date: /I 0 S? a - Fran Chamey, Risk Mana r CERTIFICATE OF SERVICE AND NOW, this 4`h day of October, 2005, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph F. Ricchiuti, Esquire YOUNG RICCHIUTI CALDWELL & HELLER, LLC 1600 Market Street, Suite 3800 Philadelphia, PA 19103 (Counsel for Plaintiffs) Michael D. Pipa, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel far Jennifer L. Turner, M.D. Susquehanna Surgeons, LTD and Heritage Medical Group, LLP. ) Dated: October 4, 2005 Thomas . hairs, Esquire [') ?.l l) !.n ?1 --'? ? .., ? - rr r7 v F-, r? ^-, ?,. '1 "i h? ?; ? r, ? <.J ?? `?7 .? I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, CIVIL ACTION h/w, Plaintiffs No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants STIPULATION FOR VOLUNTARY DISCONTINUANCE PURSUANT TO RULE 229 It is hereby stipulated by the parties, acting through counsel who certify that they have the authority to act on behalf of the parties, as follows: 1. Susquehanna Surgeons, Ltd. is a ficticious name owned and operated by the Heritage Medical Group. 2. Heritage Medical Group, LLP maintained professional liability insurance providing coverage for Heritage Medical Group arising out of the acts and/or omissions of persons for whose acts or omissions Heritage Medical Group is legally responsible; such coverage is effective, in pertinent part, for the period March 1, 2003 through March 1, 2004 (Policy includes coverage for Heritage Medical Group arising out the allegations set forth in the Plaintiffs' complaint against Jennifer L. Turner, M.D. 3. The claims against Susquehanna Surgeons, Ltd. are hereby voluntarily discontinued and Susquehanna Surgeons, Ltd. is dismissed with prejudice as a Defendant in this case pursuant to Pa.R.C.P. No. 229. 4. The above caption will be amended to reflect the dismissal of Susquehanna Surgeons, Ltd. Date 6x'SIRPR f. RICCHIUT , AESO IRE Attorneys for Plaintiffs Dv? 1 I? Z a0? A- 4: -LMQ? - Date MICHAEL D. PIPA, E UIRE Attorneys for Defendants, Susquehanna Surgeons, Ltd., Heritage Medical Group, and Jennifer L. Turner, M.D. 12& Date FRA S E. MARSHALL, ESQUIRE Attorneys for Defendant, Holy Spirit Hospital Q 14 ow ctS k (74cr,/ S ?S/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants CERTIFICATE OF SERVICE I, Michael D. Pipa, Esquire, of Marshall, Dennehey, Wainer, Coleman & Goggin, do hereby certified that a true and correct copy of the Proposed Order attaching the Stipulation for Voluntary Discontinuance Pursuant to Rule 229 was served to all parties listed herein via United States First-Class Mail on the October 17, 2005. Joseph F. Ricchiuti, Esquire Thomas M. Chairs, Esquire Young, Ricchiuti, Caldwell & Heller Dickie, McCamey & Chilcote, P.C. 1600 Market Street 1200 Camp Hill Bypass, Suite 205 Suite 3800 Camp Hill, PA 17011-3700 Philadelphia, PA 19103 Attorneys for Plaintiffs Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorneys for Holy Spirit Hospital and Holy Spirit Health Systems Attorneys for Holy Spirit Health Systems and Holy Spirit Hospital vl/? c Michael D. P' LL ?s f ca f"7 -ri Jy " ?. C - ..? ,fir _n ?._ ?''.: - 1?7 N _{ "^ .J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL, DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants ORDER AND NOW, this day of 2005, ,upon consideration of the Stipulation for Voluntary Discontinuance Pursuant to Rule 229, a copy of which is attached, it is hereby ORDERED that the claims against Susquehanna Surgeons, Ltd., are voluntarily discontinued and Susquehanna Surgeons, Ltd. is dismissed with prejudice as a Defendant in this case. The Prothonotary is directed to amend the caption to reflect the dismissal of Susquehanna Surgeons, Ltd. J. DISTRIBUTION LIST: Joseph F. Ricchiuti, Esquire Attorneys for Plaintiffs Thomas M. Chairs, Esquire Attorneys for Holy Spirit Health Systems and Holy Spirit Hospital Michael D. Pipa, Esquire Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP RECEIVED-1 i O C T 2 0 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P SYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. : Medical Professional Liability Action Jennifer L. Turner, M.D., Susquehanna JURY TRIAL DEMANDED Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants ORDER AND NOW, this 2/' day of 0va4., , 2005, upon consideration of the Stipulation for Voluntary Discontinuance Pursuant to Rule 229, a copy of which is attached, it is hereby ORDERED that the claims against Susquehanna Surgeons, Ltd., are voluntarily discontinued and Susquehanna Surgeons, Ltd. is dismissed with prejudice as a Defendant in this case. The Prothonotary is directed to amend the caption to reflect the dismissal of Susquehanna Surgeons, Ltd. J. DISTRIBUTION LIST: ?eph F. Ricchiuti, Esquire Attorneys for Plaintiffs " omas M. Chairs, Esquire Attorneys for Holy Spirit Health Systems and Holy Spirit Hospital ,,/Michael D. Pipa, Esquire Attorneys for Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP V i` t?',. ?, ? ? _ ?. i. ?.. r DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) PAULA L. EVANS and OLIVER EVANS, husband and wife, Plaintiffs V JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, Defendants TRIAL DEMANDED UNCONTESTED MOTION FOR COURT APPROVAL OF STIPULATION PROVIDING FOR THE VOLUNTARY DISMISSAL OF HOLY SPIRIT HEALTH SYSTEM The Plaintiffs initiated this civil action which sounds of medical malpractice against Dr. Turner, Holy Spirit Hospital and among others the Holy Spirit Health Systems. 2. Counsel for all parties of record have entered into Stipulation providing for the voluntary dismissal of the Holy Spirit Health System. A true and correct copy of the Stipulation of Counsel providing for the dismissal ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-1465 CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION of Holy Spirit Health System is attached hereto as Exhibit "A". 4. Holy Spirit Health System respectfully requests the Court enter an Order approving the Stipulation of Counsel and direct the Prothonotary to redact Holy Spirit Health System from the caption of this case. WHEREFORE, Holy Spirit Health System respectfully requests the Court enter an Order approving of the voluntary dismissal of Holy Spirit Health System from this matter and directing the Prothonotary to redact Holy Spirit Health System from the caption of this case. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. i -- Date: October 24, 2005 By: Francis E. Marshall, Jr., Esquire Supreme Court I. D. 427594 Thomas M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System and Holy Spirit Hospital ?(.i^,1 (:/? DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) PAULA L. EVANS and OLIVER EVANS, husband and wife, Plaintiffs v ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL E T ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-1465 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD., HERITAGE MEDICAL GROUP, L.L.P., JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, STIPULATION TO DISMISS HOLY SPIRIT HEALTH SYSTEM IT IS HEREBY agreed by and between counsel for all parties of record that Holy Spirit Health System is voluntary dismissed from the matter without prejudice. The Holy Spirit Health System is an administrative agency that does not provide health care to patients. The entity that fulfills the corporate responsibilities of the hospital located at 503 North 21st Street, Camp Hill, Pennsylvania 17001 is the Holy Spirit Hospital. Should it be determined during the course of these proceedings that Holy Spirit Health System does in fact render health care to patients, Holy Spirit Health System may be rejoined to this civil action and the civil action will move forward as if they had never been dismissed. Date: l sep . cchiuti, Esquire (Counsel for Plaintiffs) Date: l0 11 0 Date: Michael D. Pipa, Esquitel (Counsel for Defendants Jennifer L. Turner, M.D., Heritage Medical Group, LLP and Susquehanna Surgeons, LTD) Thomas M. Chairs, Esquire (Counsel for Defendants, Holy Spirit Health System and Holy Spirit Hospital) CERTIFICATE OF SERVICE AND NOW, this 24`h day of October, 2005, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph F. Ricchiuti, Esquire YOUNG RICCHIUTI CALDWELL & HELLER, LLC 1600 Market Street, Suite 3800 Philadelphia, PA 19103 (Counsel for Plaintiffs) Michael D. Pipa, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Jennifer L. Turner, M.D. and Heritage Medical Group, LLP Thom". hairs, Esquire li YOUNG RICCHIUTI CALDWELL & HELLER, LLC BY: Joseph F. Ricchiuti, Esquire Identification No.: 09222 1600 Market Street, Suite 3800 Philadelphia, PA 19103 267/546-1002 PAULA L. EVANS and OLIVER EVANS, h/w vs. JENNIFER L. TURNER, M.D., and SUSQUEHANNA SURGEONS, LTD, and HERITAGE MEDICAL GROUP, L.L.P. and HOLY SPIRIT HEALTH SYSTEMS, and HOLY SPIRIT HOSPITAL Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 05-1465 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT. HOLY SPIRIT HOSPITAL 73. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 74. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 75. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 76. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 77. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 78. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 79. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 80. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 81. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 82. Denied. The averments of this paragraph set forth conclusions of law to which no reply is necessary or possible. 83. Denied. The averments of this paragraph set forth conclusions of law to whichno reply is necessary or possible. YOUNG RICCHIUTI CALDWELL & HELLER By: J SE F IC UT Attorney for Plaintiffs Date: / U x,' 4' -2- VERIFICATION I, PAULA EVANS, hereby verify that I am the plaintiff in the foregoing action; that the attached Reply to New Matter is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Reply is that of counsel and not mine. I have read the Reply, and to the extent the statements therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information, and belief. To the extent the contents of the Reply are that of counsel, I have relied upon counsel in making this Verification. I understand that if false statements were made herein I would be subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. t~ PAULA EVANS Date: C C) r} VERIFICATION I, OLIVER EVANS, hereby verify that I am a plaintiff in the foregoing action; that the attached Reply to New Matter is based upon information which I have furnished to counsel and information which has been gathered by counsel in the preparation of the lawsuit. The language of the Reply is that of counsel and not mine. I have read the Reply, and to the extent the statements therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information, and belief. To the extent the contents of the Reply are that of counsel, I have relied upon counsel in making this Verification. I understand that if false statements were made herein I would be subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. IVER EVANS Date: ,'' ? N ? C? STl C". c> cJ+ T, ' ? j t1 ?-- ( i'f ...d T. _.? = ' Vin,' W a ?l-i C?? ?? ? ?V ?7-J _. _ J" r_?Cri y ? _ .. ? ... • y DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) PAULA L. EVANS and OLIVER EVANS, husband and wife, Plaintiffs v JENNIFER L. TURNER, M.D., SUSQUEHANNA SURGEONS, LTD., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, Defendants ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL NOVA ??0 1 2005 BY: ? d--_ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 05-1465 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED ORDER AND NOW this Z C3 day of 1-?vttri . 2005, upon consideration of the Stipulation of Counsel it is hereby ORDERED and DECREED that Holy Spirit Health System is DISMISSED from this case in accord with Pennsylvania Rule of Civil Procedure 229. The Prothonotary is directed to redact Holy Spirit Health System from the caption of this case. BY THE COURT: a? * Z;'? GQ -?d ?, C :C 1-1d Z-11,Ij N S'O0Z Mu 7uCl'd ti.if >L nL L PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs, V. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, LLP, HOLY SPIRIT HEALTH SYSTEMS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 05-1465 MEDICAL PROFESSIONAL LIABILITY ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things to PA Department of Public Welfare, Tristan Associates, William Albright, M.D., and PA State Police, pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoenas with copy of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) Counsel for the plaintiff has agreed to waive the twenty day notice by letter dated August 2, 2006, a copy of which is attached, (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. MARSHALL, DENNEHEY, WARNER Michael OLEMAN?& GOGGIN CjAet- By: D. Pipa, Esquire Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorney for Defendant Jennifer L. Turner, M.D. and Heritage Medical Group, LLP Dated: F, 3I 0(o A REGIONAL DEFENSE LITIGATION LAw FIRM PummVANN G o ? OGGIN MARSHALL, DENNEHEY, WARNER, COLEMAN 8 i own or Erie A P R O P g 5 5 1 0 N A L C. O R P O R A T 1 0 N W W W.mumhllldenne Ieyxom Hartuburg Newtown Squue P w Pbia Suite B - Harrisburg, PA 17112 4200 Crums Mill Road i bu P;rn..tth Meeting , s ?tnn (717) 651-3500 • Fax (717) 651-9630 WiWawPott Nn Jnaer Cherry Hill Rmeland OWvMu Wilmington Direct Dial: 717-651-3529 0M0 Email: plboger@mdwcg.com Akro? le? Pt. Laudetd.le Jul 21 2006 d.Ran y , T oopa Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street, Suite 3800 Philadelphia, PA 19103 RE: Paula L. Evans and Oliver Evans, h/w v Jennifer Turner, M.D., Heritage Medical Group, LLP, Holy Spirit Health Systems Cumberland County CCP: 05-1465 Civil Term MDWCG No: 01012-00142.A55 Dear Mr. Ricchiuti: Enclosed is a Notice of Intent to Subpoena records from the following providers and locations: PA Department of Public Welfare Tristan Associates William Albright, M.D. PA State Police Please advise us, in writing, if you are willing to waive the twenty day notice so that we may immediately serve the subpoenas. At your request, we will provide you with copies of any records we receive in response to our subpoenas. Thank you for your courtesy in this matter. Very truly yours, Pamela L. Bog;, Paralegal PLB Enclosures cc: Thomas M. Chairs, Esquire, w/enc. MICHAEL D. PIPA, ESQUIRE I.D. No. 53624 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendant Jennifer L. Turner, M. D. and Heritage Medical Group, LLP PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs, V. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, LLP, HOLY SPIRIT HEALTH SYSTEMS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 05-1465 MEDICAL PROFESSIONAL LIABILITY ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CF -164 ET SEO (HIPAA) Defendants, Jennifer L. Turner, M.D., and Heritage Medical Group, LLP, intends to serve subpoenas identical to the ones that are attached to this notice. For the purpose of obtaining medical records, employment records and medical assistance benefits records pertaining to the plaintiff. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: 1??" Michael D. Pipa, Esgmt Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 1(Z/ 06 (717) 651-3500 DATED: Attorneys for Defendants, CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Intent to Service of Subpoenas has been served upon the following known counsel of record this 218` day of July, 2006, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(es) and/or number(s): Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 Attorneys for Plaintiffs Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorneys for Holy Spirit Hospital and Holy Spirit Health Systems MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: EA 1' U `yn Pamela L. Boger, P alegal to MICHAEL D. PIPA, ESQUIRE Attorney for Defendant(s), Jennifer L. Turner, M.D. and 11' tP Heritage Medical Group, LLP PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs, V. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, LL, HOLY SPIRIT HEALTH SYSTEMS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 05-1465 MEDICAL PROFESSIONAL LIABILITY ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Pennsylvania Department of Public Welfare Attn: Mark Newell, 1700 State Office Building. 1400 Sorin¢ Garden Street, Philadelphia, PA 19103, Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all records, office notes, reports, all correspondence, memoranda, facsimile documents or other materials contained in the file for benefits provided to Paula L. Evans, DOB 1/13/56, SS#: 261-174000 at: Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Ste. B. Harrisbur¢, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants Jennifer L. Turner, M.D. and Heritage Medical Group, LLP DATEJ1 14 Seal of the Court BY THE COURT: (P othono it Division) PAULA L. EVANS and OLIVER EVANS, h/w, v. Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No: 05-1465 JENNIFER L. TURNER, M.D., HERITAGE MEDICAL PROFESSIONAL MEDICAL GROUP, LL, HOLY SPIRIT LIABILITY ACTION HEALTH SYSTEMS, CIVIL ACTION - LAW Defendants. : : JURY TRIAL DEMANDED TO: Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire personnel file of Paula L. Evans, DOB 1/13/56, SS#: 261-174000, including, but not limited to, applications, wagelincome records, time records, sickness and accident information, benefit records, correspondence, doctors' excuses and all other documents and things that relate to her employment at any time at: Marshall. Dennehev. Warner. Coleman & Gosmin. 4200 Crums Mill Road. Ste. B. Harrisburg. PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants Jennifer L. Turner, M.D. and Heritage Medical Group, LLP DATE: Seal of the Court BY THE COURT: ljhk??? (Pr onotary/C Ci Division) PAULA L. EVANS and OLIVER EVANS, h/w, v. Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No: 05-1465 JENNIFER L. TURNER, M.D., HERITAGE MEDICAL PROFESSIONAL MEDICAL GROUP, LL, HOLY SPIRIT LIABILITY ACTION HEALTH SYSTEMS, CIVIL ACTION - LAW Defendants. . : JURY TRIAL DEMANDED TO: Tristan Associates, 240 Grandview Ave., Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents or other materials contained in the patient file for treatment rendered to Paula L. Evans, DOB 1/13/56, SS#: 261-17-4000 at: Marshall. Dennehev, Warner, Coleman & GoP..Rin, 4200 Crums Mill Road, Ste. B. Harrisburg. PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants Jennifer L. Turner, M.D. and Heritage Medical Group, LLP DATE: Seal of the Court BY THE COURT: 17 (Pr onotary/C , Ci Division) PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs, v. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, LL, HOLY SPIRIT HEALTH SYSTEMS, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 05-1465 MEDICAL PROFESSIONAL LIABILITY ACTION CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: William Albright, M.D., 533 2nd Street, Highspire, PA 17034 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: The entire medical file, including but not limited to: any and all medical records, office notes, reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence, memoranda, facsimile documents or other materials contained in the patient file for treatment rendered to Paula L. Evans, DOB 1/13/56, SS#: 261-17-4000 at: Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road. Ste. B. Harrisburg, PA 17112 (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: Craig A. Stone, Esquire Address: Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Telephone: (717) 651-3500 Supreme Ct ID#: 15907 Attorney For: Defendants Jennifer L. Turner, M.D. and Heritage Medical Group, LLP DATE: I I Seal of the Court BY THE COURT: (Pro onotary/C C' 1 Division) 06/02 2006 12:20 FAX 2675461039 YRC$ YOUNG RICCHIUTI CALDWELL & HELLER, LLC Suera3800 1600 MARKS'rSMEFr PmADELPmA, PA 19103 (267) 546-1000 FAX (267)546.1039 DIR&. MAUa67}H61002 0=AW.WN August 2, 2006 Yla Fax & Regular Mail Pamela L. Boger, Paralegal Marshall, Dennehey, Warner, Coleman & Goggin 4200 Cnuns Mill Road Suite B Harrisburg, PA 17112 Re: Paula & Oliver Evans, h/w v. Jennifer L Tanner, M.D., et al CCP Cumberland County #05-1465 Your File #0101240142.ASS Dear Ms. Boger: wd UBZ In accordance with your letter of July 21, 2006, please be advised I am willing to waive the twenty day notice so you can immediately serve subpoenas for records on the Pennsylvania Department of Public Welfare, Tristan Associates, William Albright, M.D. and Pennsylvania State Police. Please supply me with a copy of the records you obtain in response to these subpoenas at my expense. Thank you. Very truly yours, -Zrq 11; F. RICCHHMTI JFR/jdf cc: Thomas M. Chairs, Esquire CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing document upon the person(s) on the date and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Joseph F. Ricchiuti, Esquire Young, Ricchiuti, Caldwell & Heller 1600 Market Street Suite 3800 Philadelphia, PA 19103 Attorneys for Plaintiffs Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Attorneys for Holy Spirit Hospital and Holy Spirit Health Systems MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN DATED: -j I '3 104 By: N\s o Pamela L. Boger, Paralegal for Michael D. Pipa, Esquire Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants ` LG.! N ? ? CT ? ? ?? ??? 1 5 ,..: fr i:_7 , ?.:.: ? S 2*C? W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA L. EVANS and OLIVER EVANS, h/w, Plaintiffs CIVIL ACTION No. 05-1465 V. Jennifer L. Turner, M.D., Susquehanna Surgeons, Ltd., Heritage Medical Group, LLP, Holy Spirit Health Systems and Holy Spirit Hospital, Defendants Medical Professional Liability Action JURY TRIAL DEMANDED PRAECH'E FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the enter the appearance of the undersigned on behalf of Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP, in the above captioned case. DATE: Srg?O 6 BY: " a MICHAEL D. PIRA, QUIRE I.D. NO. 53624 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendants, Jennifer L. Turner, M.D. and Heritage Medical Group, LLP, in the above captioned case. Respectfully Submitted, COLEMAN DATE: O$' t0 - dG BY: CRAIG A. STOXE,% I.D. NO. 15907 4200 Crums Mill Roai Harrisburg, PA 17112 (717) 651-3502 , WARNER, c? a f 7m O -J 334697 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM AND ATTORNEY I.D. NO. 78565 HOLY SPIRIT HOSPITAL 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax PAULA L. EVANS AND OLIVER EVANS, IN THE COURT OF COMMON PLEAS HUSBAND AND WIFE, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. NO. 05-1465 V. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED MOTION TO DISMISS BROUGHT BY HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL AND NOW, come Defendant, Holy Spirit Health System and Holy Spirit Hospital, by and through their attorney, Dickie, McCamey & Chilcote, P.C. and files the within MOTION TO DISMISS and in support thereof avers as follows: 1. Plaintiffs initiated the civil action against Jennifer L. Turner, M.D., Susquehanna Surgeons, LTD, Heritage Medical Group, LLP, Holy Spirit Health System and Holy Spirit Hospital. 2. The Plaintiffs' civil action sounds in medical malpractice. 3. The Plaintiffs have agreed to dismiss from this case Holy Spirit Health System and Holy Spirit Hospital. 4. Counsel for all parties of record have agreed to the voluntary dismissal of Holy Spirit Health System and Holy Spirit Hospital. 5. The Stipulation to Dismiss executed by counsel for all parties of record is attached hereto as Exhibit "A". 6. In accord with the agreement of counsel and pursuant to Pa.R.C.P. 229, Defendants, Holy Spirit Health System and Holy Spirit Hospital respectfully request that this court enter an order dismissing Holy Spirit Health System and Holy Spirit Hospital from this case with prejudice. WHEREFORE, Moving Defendants respectfully request the Court enter an order dismissing Holy Spirit Health System and Holy Spirit Hospital from this case with prejudice. Respectfully submitted, DICKIE, MCCAMEY & HILCOTE, P.C. Date: July 23, 2008 By: Thomas M. C airs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System and Holy Spirit Hospital 2 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) 71 7314803 ax ATTORNEY FOR DEFENDANTS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL PAULA L. EVANS and : IN THE COURT OF COMMON PLEAS OLIVER EVANS, husband and wife, : CUMBERLAND COUNTY, PA Plaintiffs NO. 05-1465 v , CIVIL ACTION - JENNIFER L. TURNER, M.D., : MEDICAL PROFESSIONAL SUSQUEHANNA SURGEONS, LTD., : LIABILITY ACTION HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL, Defendants JURY TRIAL DEMANDED STIPULATION TO DISMISS HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL It is hereby agreed by and between counsel for all parties of record that Holy Spirit Health System and Holy Spirit Hospital are voluntarily dismissed from this case pursuant to Pennsylvania Rules of Civil Procedure 229. Date: Z () YOUNG RICCHIUTI CALDWELL & HELLER,LLC r. Ridchiuti, Esquire for Plaintiffs Date: Z-2 U r DICKIE, MCCAMEY & P.C. Thomas.9heirs, Esquire Counsel or Holy Spirit Health System and Holy Spirit Hospital WARNER Date: Z? Craig A"?Sfon EsIRUire Counsel for Je nifer L. Turner, M.D. and Heritage Medi l Group, LLP CERTIFICATE OF SERVICE AND NOW, July 23, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION TO DISMISS BROUGHT BY HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL 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: Joseph F. Ricchiuti, Esquire YOUNG RICCHIUTI CALDWELL & HELLER, L.L.C. 1600 Market Street Suite 3800 Philadelphia, PA 19103 (Counsel for Plaintiffs) Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 (Counsel for Jennifer L. Turner, M.D. and Heritage Medical Group, LLP and Susquehanna Surgeons, LTD) rl /11?? Thomas . C airs, Esquire W f,'w " -TI Y? C fR.? i J -i 334697 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM AND ATTORNEY I.D. NO. 78565 HOLY SPIRIT HOSPITAL 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax PAULA L. EVANS AND OLIVER EVANS, IN THE COURT OF COMMON PLEAS HUSBAND AND WIFE, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-1465 V. JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED AMENDMENT TO MOTION TO DISMISS BROUGHT BY HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL FILED ON JULY 25, 2008 AND NOW, come Defendant, Holy Spirit Health System and Holy Spirit Hospital, by and through their attorney, Dickie, McCamey & Chilcote, P.C. and files the within AMENDMENT TO MOTION TO DISMISS and in support thereof avers as follows: 7. Pursuant, to Cumberland County Local Rule 208.3(a)(2), the Honorable Kevin A. Hess has ruled upon previous matters in this case. WHEREFORE, Moving Defendants respectfully request the Court enter the previously provided order dismissing Holy Spirit Health System and Holy Spirit Hospital from this case with prejudice. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: August 8, 2008 By: Thomas ai s, Esquire Supreme D.#78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System and Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, August 8, 2008, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing AMENDMENT TO MOTION TO DISMISS BROUGHT BY HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL 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: Joseph F. Ricchiuti, Esquire YOUNG RICCHIUTI CALDWELL & HELLER, L.L.C. 1600 Market Street Suite 3800 Philadelphia, PA 19103 (Counsel for Plaintiffs) Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 (Counsel for Jennifer L. Turner, M.D. and Heritage Medical Group, LLP and Susquehanna Surgeons, LTD) Aaron A§S-.jE9n, squire 1 I^' JUL ? 8 2008 PAULA L. EVANS AND OLIVER EVANS, HUSBAND AND WIFE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. NO. 05-1465 JENNIFER L. TURNER, M.D., HERITAGE MEDICAL GROUP, L.L.P., HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL, Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW this ' day of 2008, up on consideration of the Motion to Dismiss Holy Spirit Health System and Holy Spirit Hospital, along with the Stipulation of Counsel attached thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. Holy Spirit Health System and Holy Spirit Hospital are k'C.'44- -167 dismissed from this case with prejudice. The Prothonotary is directed to r act Holy Spirit Health System and Holy Spirit Hospital from the caption of this case. BY THE COURT: .I rlj->p I? - r ?f" -3` - ? 3vinip 1., ?tw