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Home My WebLink About05-1809IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. t)--/66F 2 0 l?ti rL>? Civil Action - (X) Law ( ) Equity MICHAEL DiSANTE 12 Mimosa Circle Douglassville, PA 19518 Plaintiff(s) & Addresses Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X )Sheriff Richard H. Wix. Esquire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 versus i Ck ,(_ i " Signature of Attorney Supreme Court ID No. 07274 Date: N 5),0,5- WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary CARL GETTY, D.D.S. 19 N. 24m Street Camp Hill, PA 17011 Date: h :L G De ty T. .:q d c ? ' aa. ? CiJ C .. r ( OV) CASE NO: 2005-01809 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISANTE MICHAEL VS GETTY CARL DDS SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS was served upon GETTY CARL DDS t DEFENDANT , at 1631:00 HOURS, on the 13th day of at 19 N 24TH STREET HILL. PA 17011 CARL GETTY by handing to a true and attested copy of WRIT OF SUMMONS togetheriwith and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 11.10 .37 10.00 R. Thomas Kline .00 39.47 04/14/2005 WIX WENGER WEIDNER Sworn and Subscribed to before By: me this 42?o day of 40-12 _ A.D. Proth notary law, 1 I, 2005 y NAULTY, SCARICAMAZZA & McDEVITT, I.I.C. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE 12 Mimosa Circle Douglassville, PA 19518 ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CARL GETTY, D.D.S. 19 N. 24th Street Camp Hill, PA 17011 NO. 05-1809 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Carl Getty, D.D.S., in the above-captioned matter. NAULTYAC,ARICAMAZZ,K 4%cDEy4TT, LLC. BY: v l,.,, v/ I V. G MAN, ESQUIRE Attorney f efendant, Carl Getty, D.D.S. a go o ?C 4 ?, 5 NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE 12 Mimosa Circle Douglassville, PA 19518 V. CARL GETTY, D.D.S. 19 N. 24th Street Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1809 PRAECIPE TO FILE COMPLAINT TO THE OFFICE OF THE PROTHONOTARY: Please enter a Rule upon Plaintiffs to file a entry of a Judgment of Non Pros. BY: V for RULE TO FILE COMPLAINT twenty (20) , Carl Getty, D.D.S. or suffer the AND NOW, this 194j'*' day of A 2L 1, , 2007, a Rule is hereby granted upon Plaintiffs to file a Complaint herein within twenty (20') days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY ? ; 7 9 -gyp ?'3 V Orn NAULTY, SCARICAMAZ.ZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE 12 Mimosa Circle Douglassville, PA 19518 V. CARL GETTY, D.D.S. 19 N. 24th Street Camp Hill, PA 17011 TO THE PROTHONOTARY: ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1809 DEMAND FOR JURY TRIAL Defendant, Carl Getty, D.D.S., hereby demand twelve jurors for the trial in the above- captioned matter. NAULTY, , LLC. BY: 11i v - -MPL ARY V. GI J?MAN, ESQUIRE Attorney for f ndant, Carl Getty, D.D.S. ?i ff i*:?o C, it3 c c_? MICHAEL DiSANTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1809 CIVIL TERM CARL GETTY, D.D.S. CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 MICHAEL DiSANTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1809 CIVIL TERM CARL GETTY, D.D.S. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, by his attorneys, Wix, Wenger & Weidner and sets forth the following: 1. The Plaintiff is an adult individual residing at 105 Oak Knoll Road, New Cumberland, Pennsylvania 17070. 2. Defendant Carl Getty, D.D.S., is an adult individual, who at all times relevant hereto was engaged in the practice of dentistry with an office located at 19 N. 24th Street, Camp Hill, Pennsylvania 17011. 3. Plaintiff was a patient of Defendant Getty from August of 1997 until September 29, 2003. 4. During 2002 and 2003 Plaintiff had numerous visits to Defendant at which time Defendant had performed restorations/fillings and placed crowns on numerous teeth. 5. Plaintiff had continual problems with the crowns and Defendant would re-cement the crowns and assure the Plaintiff that everything was all right. 6. On or about September 29, 2003, Plaintiff consulted another dentist, and he learned that the care and treatment that he had received from the Defendant fell below the applicable standard of care for a dentist in that Plaintiff had decay, defective restorations/fillings, poor fitting crowns, fractured porcelain on crowns, holes in the metal backing of two front crowns, crowns that had repeatedly fallen off, teeth vulnerable to fracture, early periodontal disease and decay not adequately treated, as well as an abscessed tooth number 5. 7. Due to the negligence of the Defendant, it was necessary for the Plaintiff to have additional dental treatment to restore decay and defective fillings and crown build ups and crowns on numbers 2, 4, 5, 6, 7, 8, 9, 10, 11, 22 and 30, crown buildups, root canals, crown lengthening, extractions, as well as other periodontal treatment. 8. Due to the Defendant's negligence, Plaintiff has undergone great pain and suffering and may undergo continued pain and suffering in the future. 9. Solely as a result of Defendant's negligence, Plaintiff has had a loss of life's pleasures, as well as embarrassment, and may continue to do so in the future. 10. Solely as a result of Defendant's negligence, Plaintiff has incurred numerous medical and dental expenses to correct the Defendant's negligent work and may incur additional expenses in the future. 11. Solely as a result of Defendant's negligence, Plaintiff has sustained a loss of earnings and may incur additional loss of earnings in the future. 2 WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 a-?eol: S 111101 3 VERIFICATION I, Michael DiSante, have read the foregoing Complaint, which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities, which provides that if I knowingly made false averments, I may be subject to criminal penalties. Date. Mich el DiSante CERTIFICATE OF SERVICE AND NOW, this 17th day of May, 2007, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff hereby certify that I served the within Complaint this date by faxing a copy of same, addressed as follows: Gary V. Gittleman, Esq. Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. 750 One Penn Center Philadelphia, PA 19103 (215) 568-2077 WIX, WENGER & WEIDNER 'Alit? LL?--q Gaye C st r-. ?,_ ,r- '_ "?- ? ?`;.y ?l r ,..?.. _? ? ?;;? ,; -?, 6 MICHAEL DiSANTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1809 CIVIL TERM CARL GETTY, D.D.S. CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CARL GETTY, D.D.S. I, Richard H. Wix, 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. Respectfully submitted, WIX, WENGER & WEIDNER By -A, m-;z- - Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: !S llI0l CERTIFICATE OF SERVICE AND NOW, this 17th day of May, 2007, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff hereby certify that I served the within Certificate of Merit as to Carl Getty, D.D.S. this date by faxing a copy of same, addressed as follows: Gary V. Gittleman, Esq. Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. 750 One Penn Center Philadelphia, PA 19103 (215) 568-2077 WIX, WENGER & WEIDNER -?Za-'IA "-?- Gaye Cr' t T CD r ?h ?= ? iT .r r t ement vast you. NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE V. CARL GETTY, D.D.S. ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1809 DEFENDANT, CARL GETTY, D.D.S.', ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, Answering Defendant, Carl Getty, D.D.S., is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demands strict proof of all allegations at time of trial. 2. Admitted in part. Denied in part. It is admitted that Answering Defendant is a licensed professional dentist with offices located at 19 N. 24th Street, Camp Hill, Pennsylvania. As Plaintiff has failed to identify what times he considers to be "relevant", all other allegations, including, but not limited to, any allegations of professional liability and negligence are denied as conclusions of law. 3. Denied. To the extent that the allegations contained in paragraph 3 of Plaintiffs Complaint purportto be restatements of Plaintiff's dental/medical records, Answering Defendant avers that these records speak for themselves. By way of further response, Plaintiff's treatment records indicate that he became a patient of Answering Defendant on or about August 25, 1997 and that his last visit with Answering Defendant was on or about September 20, 2003. These allegations are also denied as conclusions of law. 4-5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore, demands strict proof of all allegations at time of trial. By way of further response, to the extent that the allegations contained in paragraphs 4 through 5 of Plaintiff's Complaint purport to be restatements of Plaintiff's dental/medical records, Answering Defendant avers thatthese records speak for themselves. These allegations are also denied as conclusions of law. 6. Denied. Answering Defendant has been advised and therefore avers that the allegations contained in paragraph 6 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that Answering Defendant was negligent or careless in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendant acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendant caused no injury, damages or disability to Plaintiff. In addition, to the extent that the allegations contained in paragraph 6 of Plaintiff's Complaint purport to be restatements of Plaintiff's dental/medical records, Answering Defendant avers that these records speak for themselves. 7-11. Denied. Answering Defendant has been advised and therefore avers that the allegations contained in paragraphs 7 through 11 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that Answering Defendant was negligent or careless in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendant acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendant caused no injury, damages or disability to Plaintiff. WHEREFORE, Answering Defendant demands judgment that Plaintiff's Complaint be dismissed as of record. -- 2 -- NEW MATTER 12. At all times material herein, there existed the Pennsylvania Comparative Negligence Act. 13. Plaintiff's claims are barred by the provisions of the Pennsylvania Comparative Negligence Act. 14. Plaintiff's alleged injuries and damages were caused and contributed to in full or in part by the negligence and carelessness of persons, parties and/or organizations other than Answering Defendant, over whom Answering Defendant had no control, right of control or responsibility. 15. Plaintiff's alleged injuries and damages were caused by the intervening negligence of a third person or persons, which was the superseding cause of Plaintiff's alleged injuries and damages, and therefore Answering Defendant is not liable to Plaintiff or any other party. 16. Answering Defendant, either individually, or by and through an alleged agent, servant or employee, did not engage in negligent, careless or reckless conduct of any type. 17. There was no action or inaction by or on behalf of Answering Defendant, which produced any injuries or damages to Plaintiff. 18. Any alleged dental/medical treatment rendered to Plaintiff by Answering Defendant was proper in all respects, and in accordance with standard dental/medical practice. 19. Plaintiff shall have no right to recover for any amount which was paid by a public collateral source of compensation or benefits undersuch as instituted bythe Pennsylvania Health and Care Services Malpractice Act. 20. Any claim of Plaintiff for recovery of medical expenses paid by a third party, including any insurance carrier, is barred pursuant to §602 of the Pennsylvania Healthcare Services Malpractice Act. 21. If there is a judicial determination that Rule 238 is constitutional, the liability for any interest imposed by the rule should by suspended during the period of time that there is any delay occasioned by the failure of the Court to rule promptly on all motions and petitions or otherwise prevent or hinder the prompt trial of this action. -- 3 -- 22. To the extent that all of the claims and causes of actions pleaded against Answering Defendant in Plaintiff's Complaint in this action are barred by the running of the applicable statute of limitations, Answering Defendant pleads this affirmative defense. 23. All of the claims and causes of action pleaded against Answering Defendant in Plaintiff's Complaint are barred in whole or in part by Plaintiff's assumption of the risk of the occurrence of the incidents and injuries alleged in Plaintiff's Complaint. 24. Insofar, as Plaintiff has pleaded any claim or cause of action against Answering Defendant for failing to effect a cure of any particular result of treatment, this claim and/or cause of action is wholly barred by the absence of special contract in writing, without which a healthcare provider is neither a warrantor nor a guarantor of a cure pursuant to the Healthcare Services Malpractice Act 40 P.S. § 1302.606. 25. By way of further defense, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including without limitation those set forth in Pennsylvania Rules of Civil Procedure 1030, that continuing investigations and discovery pursuant to the Pennsylvania Rules of Civil Procedure, and the introduction of evidence that trial may render applicable to the claims and causes of action declared upon by Plaintiff in his Complaint. 26. Plaintiff has failed to state a claim upon which relief can be granted against Answering Defendant. There is no act or omission of Answering Defendant alleged in Plaintiffs Complaint. 27. There is no cause or relationship between the alleged acts or omissions of Answering Defendant and any damages or losses claimed by Plaintiff herein. 28. Answering Defendant is entitled to all the benefits and protection of Pennsylvania Healthcare Services Malpractice Act, which are hereby incorporated by reference as though fully set forth at length herein. 29. Insofar as the injuries claimed herein may have been the subject of previous litigation, Answering Defendant pleads the affirmative defense of collateral estoppel and release. 30. Answering Defendant is entitled to all the benefits and protection of the Pennsylvania Medical Care Availability and Reduction of Error (Mcare) Act, Act. No. 13, House Bill No. 1802, 2002 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended, which are hereby incorporated by reference as though fully set forth at length herein. -- 4 -- I 31. Plaintiffs claim and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (Mcare) Act, Act. No. 13, House Bill No. 1802, 2002 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 32. Plaintiff shall have no right to recover for any amount which was paid by a private, public or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (Mcare) Act. 33. Plaintiff gave her informed consent to any surgeries and dental/medical treatment provided by Answering Defendant. 34. Any alleged undisclosed information was not a substantial factor in Plaintiffs decision to undergo any surgical procedures and treatment performed by Answering Defendant. WHEREFORE, Answering Defendant demands judgment that Plaintiff's Complaint be dismissed as of record. Respectfully submitted, & MCDEVITT, LLC BY: GARY V. GITTLEMAN, ES E THOMAS A. McCORMACK ESQUIRE Attorneys for Defendants, Carl Getty, D.D.S. -- 5 -- VERIFICATION CARL GETTY, D.D.S., hereby states that he is a Defendant in this cause of action, and verifies that the statements made in the foregoing Answer to Plaintiffs Complaint with New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. &,,( A45Rr 0 "0 5 CARL ETTY, D.D.S. DATE:. (?. NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CARL GETTY, D.D.S. NO. 05-1809 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter was made this date, to all parties named below by first class mail, postage prepaid. Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 N LTY, ARICAMAZZA & McDEVITT, LLC By. GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Carl Getty, D.D.S. Dated: L /q/67 cry t? -7'1 ITI i... ?._ NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CARL GETTY, D.D.S. NO. 05-1809 DEFENDANT, CARL GETTY, D.D.S.'. MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Naulty, Scaricamazza & McDevitt, Ltd., attorneys for Carl Getty, D.D.S., respectfully moves this Honorable Court to enter an appropriate Order against Plaintiff, Michael DiSante, pursuant to Rule 4006 and Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, and in support thereof, aver as follows: 1. Plaintiff initiated this action of alleged dental malpractice in April of 2005 and filed his Complaint on May 18, 2007. 2. Plaintiff's claims against Defendant, Dr. Getty, arise from dental treatment rendered to his teeth Nos 2, 4, 5, 6, 7, 8, 9, 10, 11, 22 and 30. 3. Under a cover letter dated April 16, 2007, counsel for Defendant forwarded Interrogatories and Requests for Production of Documents to Plaintiff. A copy of the letter is attached hereto as Exhibit "A". 4. Pursuant to Rule 4006 and Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, Plaintiff's full, complete and verified responses to Defendants' discovery requests were due no later then May 16, 2007. 5. On July 16, 2007, in an attempt to avoid having to file a motion to compel, Counsel for Defendants forwarded a letter to Plaintiff advising Plaintiff that her discovery responses were overdue. Copies of the letters are attached hereto as Exhibit "B". 6. As of the date of this Motion, Plaintiff has still not produced his full, complete and verified answers to Defendant's discovery requests. 7. Plaintiff has sought neither a Protective Order nor a Stay of Proceedings with regard to Defendant's interrogatories and/or document requests. 8. Said discovery responses are essential to the Defendant's preparation for trial and he will continue to be prejudiced in his ability to prepare a defense to Plaintiffs claims and allegations if Plaintiff continues to avoid complying with discovery. WHEREFORE, Defendant, Carl Getty, D.D.S., respectfully request this Honorable Court to enter the attached Order compelling Plaintiff, Michael Disante, to produce his full, complete and verified answers to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of the date of the Order or suffer sanctions upon further application to the Court. Respectfully Submitted, NA, SCARICAMAZZA & McDEVITT, LLC BY: GARY V. GITTI EMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendant, Carl Getty, D.D.S. --2-- NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE V. CARL GETTY, D.D.S. ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1809 DEFENDANTS, CARL GETTY, D.D.S.', MEMORANDUM OF LAW IN SUPPORT OF THE MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS MATTER BEFORE THE COURT: Defendant, Dr. Getty, has filed a Motion to Compel the Plaintiff, Michael Disante, to produce his full, complete and verified answers to Defendant's Interrogatories and Request for Production of Documents. STATEMENT OF QUESTION INVOLVED: Should Plaintiff, Michael Disante, be ordered and directed to produce his full, complete and verified answers to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days? Suggested Answer: Yes. FACTS AND ARGUMENT: Plaintiff initiated this action of alleged dental malpractice in April of 2005 and filed his Complaint on May 18, 2007. Plaintiff's claims against Defendant, Dr. Getty, arise from dental treatment rendered to his teeth Nos 2, 4, 5, 6, 7, 8, 9, 10, 11, 22 and 30. Under a cover letter dated April 16, 2007, counsel for Defendant forwarded Interrogatories and Requests for Production of Documents to Plaintiff. Refer to Exhibit "A". Pursuant to Rule 4006 and Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, Plaintiff's full, complete and verified responses to Defendants' discovery requests were due no later then May 16, 2007. On July 16, 2007, in an attempt to avoid having to file a motion to compel, Counsel for Defendants forwarded a letter to Plaintiff advising Plaintiff that her discovery responses were overdue. Refer to Exhibit "B". As of the date of this Motion, Plaintiff has still not produced her full, complete and verified answers to Defendant's discovery requests. Plaintiff has sought neither a Protective Order nor a Stay of Proceedings with regard to Defendant's interrogatories and/or document requests. Said discovery responses are essential to the Defendant's preparation for trial and they will continue to be prejudiced in their ability to prepare a defense to Plaintiff's claims and allegations if Plaintiff continues to avoid complying with discovery. REQUESTED RELIEF: For the reasons stated above, Defendant, Carl Getty, D.D.S., respectfully requests this Honorable Court to enter the attached Order compelling Plaintiff, Michael Disante, to produce his full, complete and verified answers to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of the date of the Order or suffer sanctions upon further application to the Court. Respectfully Submitted, ?AIJtTY CARICAMAZZA & WDEVITT, LLC BY: v / GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendant, Carl Getty, D.D.S. VERIFICATION THOMAS A. McCORMACK, ESQUIRE, attorney for the Defendant in this action, hereby verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: ! (0-7 GARY V. GI LEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorney for Defendant, Carl Getty, D.D.S. NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CARL GETTY, D.D.S. NO. 05-1809 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Motion to Compel was made this date, to all parties named below by first class mail, postage prepaid. Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 NAU , SCARICAMAZZA & McDEVITT, LLC By: / GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Carl Getty, D.D.S. Dated: -6 11 j67 NAULI , SCARICAMAZZA & MCDEV, F, LLC ANGELO L. SCARICAMAZZA, JR. FRANCIS T. MCDEVITT' WILLIAM G. CILINGIN GERARD X. SMITH' GARY V. GITTLEMAN JOSEPH A. BREYMEIER' RONALD P. BARTASH` NICHOLAS J. SANSONE' ROBERT E. DILLON MARY B. LIPINSKI CHARLENE STEWART BARNABA' MELISSA A. SCHWARTZ* LAURIE A. CARROLL MARTIN N. LISMAN' THOMAS A. MCCORMACK' THOMAS M.SAVON' KENNETH S. FAIR' JENNIFER M. GANLEY' SUSAN B. PLINER' SEAN P. BUGGY CHRISTINE R. GUILIANO* BRIAN P. MCGOVERN RYAN S. ZAVODNICK'- ANN L. LONGO' SUZANNE K. MINTZER* ANNETTEJ.FERRARA' ALESSANDRA CARRAFIELLO' DANIELLE DIAMBROSIO' PATRICIA CAREY KULP' JOHN A. FITZPATRICK'a 'ALSO MEMBER OF PA BAR .ALSO MEMBER OF D.C. BAR - ALSO MEMBER OF DE BAR ^ ALSO MEMBER OF MD BAR 8 WEST SECOND STREET MEDIA, PENNSYLVANIA 19063 (610) 565-69% FAX (610) 565-8668 (215) 568-5116 FAX (215) 568-2077 W W W.NAULTY.COM SUITE 1014 300 DELAWARE AVE. WILMINGTON, DELAWARE 19601 (302) 575.0676 FAX (302) 299-1084 JOHN F. NAULTY (1942-1993) April 16, 2007 SANDRA C. HYMOW ITZ + Of Counsel Direct E-Mail: ggittleman@naulty.com Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 RE: Michael DiSante v. Carl Getty, D.D.S. CCP, Cumberland County, No. 05-1809 Our File Number: Z129-00026 Dear Mr. Wix: Enclosed please find a copy of my Entryof Appearance/Demand for Jury Trial, and Praecipe and Rule to File Complaint, the originals of which are being filed with the Court. Also enclosed, please find Defendant, Carl Getty, D.D.S.'s Interrogatories and Request for Production of Documents Addressed to Plaintiff. Kindly answer these discovery materials within the applicable time period. Thank you for your courtesy and cooperation in this regard. Very truly NAULTY, ,W APCAMfq-74 O(MCDEVAT, LLC Y GVG/mk Enclosures ATTORNEYS AT LAW GREENTREE EXECUTIVE CAMPUS 4001 E LINCOLN DRIVE WEST MARLTON, NEW JERSEY 08053 (856) 985-2005 FAX (856) 985-1963 SUITE 750 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 bcc: John J. Barry, Claim Representative Carl Getty, D.D.S. FILE EXHIBIT «$?? NAUL_ 1Y, SCARICAMAZZA & MODE OTT, LLC ANGELO L. SCARICAMAZZA, JR. FRANCIS T. MCDEVITT' WILLIAM G. CILINGIN GERARD X. SMITH' GARY V. GITTLEMAN JOSEPH A. BREYMEIER' RONALD P.BARTASH' NICHOLAS J. SANSONE* ROBERT E. DILLON MARY B. LIPINSKI CHARLENE STEWART BARNABA' MELISSA A. SCHWARTZ* LAURIE A. CARROLL MARTIN N. LISMAN' THOMAS A. MCCORMACK' THOMAS M. SAVON' KENNETH S. FAIR' JENNIFER M. GANLEY' SUSAN B. PLINER' SEAN P. BUGGY CHRISTINE R. GUILIANO* BRIAN P. McGOVERN RYAN S. ZAVODNICK'- ANN L. LONGO' SUZANNE K. MINTZER* ANNETTE J. FERRARA ALESSANDRA CARRAFIELLO' DANIELLE DIAMBROSIO' PATRICIA CAREY KULP JOHN A. FITZPATRICK" 'ALSO MEMBER OF NJ BAR -ALSO MEMBER OF D.C. BAR - ALSO MEMBER OF DE BAR .' ALSO MEMBER OF MD BAR GREENTREE COMMONS 9003A LINCOLN DRIVE WEST MARLTON, NEW JERSEY 08053 (856) 985-2005 FAX (856) 985-1963 8 WEST SECOND STREET MEDIA, PENNSYLVANIA 19063 (610) 565-6999 FAX (610) 565-8668 (215) 568-5116 FAX (215) 568-2077 WWW.NAULTY.COM JOHN F. NAULTY (1942-1993) July 16, 2007 SUITE 1014 300 DELAWARE AVE. WILMINGTON, DELAWARE 19801 (302) 575-0676 FAX(302)299-1084 SANDRA C. HYMOW ITZ + Of Counsel Direct E-Mail: ggittleman@naulty. com Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 RE: Michael DiSante v. Carl Getty, D.D.S. CCP, Cumberland County, No. 05-1809 Our File Number: Z129-00026 Dear Mr. Wix: On April 16, 2007, I forwarded Interrogatories and Request for Production of Documents to your office for responses. As of this date, I still have not received your answers. Would you please provide me with answers at this time. Thank you for your anticipated cooperation. Very truly yu_/r N TY, V. GITTIAMW, ESQUIRE GVG/mk bcc: John J. Barry, Claim Representative Carl Getty, D.D.S. ATTORNEYS AT LAW SUITE 750 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 FILE C"? - r ?? -n _..., -?., '- ?' ?.? n???'-_- -?., m - w ;? °? _? ?, r .. ?? W `"'? NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CARL GETTY, D.D.S. NO. 05-1809 DEFENDANT, CARL GETTY, D.D.S.P. AMENDMENT TO THE MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Naulty, Scaricamazza & McDevitt, Ltd., attorneys for Carl Getty, D.D.S., respectfully files this Amendment to the Motion to Compel Discovery Responses against Plaintiff, Michael DiSante, which was filed with this Honorable Court on or about August 7, 2007, and in support thereof, amend said motion to compel as follows: 9. A Judge of this Honorable Court has not ruled upon any other issues in this matter or any related matter. 10. On August 8, 2007, a letterwas forwarded to counsel for Plaintiff, via fax and regular mail, asking if counsel was in concurrence with Defendant's Motion to Compel and proposed Order. A copy of the letter is attached hereto as Exhibit "C". 11. As of the date of this Amendment, Counsel for Plaintiff has not offered any response as to whether or not he is concurrence with Defendant's Motion and Proposed Order. WHEREFORE, Defendant, Carl Getty, D.D.S., respectfully files this amendment to his Motion to Compel and respectfully request this Honorable Court to enter the proposed Order compelling Plaintiff, Michael Disante, to produce his full, complete and verified answers to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of the date of the Order or suffer sanctions upon further application to the Court. Respectfully Submitted, NY, ARICAMAZZA & McDEVITT, LLC BY: ?, ?? GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendant, Carl Getty, D.D.S. -- 2 -- VERIFICATION THOMAS A. McCORMACK, ESQUIRE, attorney for the Defendant in this action, hereby verify that the statements made in the foregoing Amendment to Defendant's Motion to Compel are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. GARY V. GIT L MAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorney for Defendant, Carl Getty, D.D.S. DATED: 8 IY 47 NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 MICHAEL DISANTE V. CARL GETTY, D.D.S. ATTORNEY FOR DEFENDANT Carl Getty, D.D.S. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1809 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Amendment to Defendant's Motion to Compel was made this date, to all parties named below by first class mail, postage prepaid. Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 N "ETY, S ARICAMAZZA & McDEVITT, LLC r 7z By: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Carl Getty, D.D.S. Dated: /y 4) -7 EXHIBIT "C" NAULTY, SCARICAMAZZA & WDEVITT, LLC ANGELO L. SCARICAMAZZA, JR. FRANCIS T. MCDEVITT* WILLIAM G. CILINGIN GERARD X. SMITH* GARY V. GITTLEMAN JOSEPH A. BREYMEIER* RONALD P. BARTASH* NICHOLAS J. SANSONE' ROBERT E. DILLON MARY B. LIPINSKI CHARLENE STEWART BARNABA* MELISSA A. SCHWARTZ* LAURIE A. CARROLL MARTIN N. LISMAN* THOMASA.M000RMACK* THOMAS M. SAVON` KENNETH S. FAIR* JENNIFER M. GANLEY* SUSAN B. PLINER* SEAN P. BUGGY CHRISTINE R. GUILIANO* BRIAN P. McGOVERN RYAN S. ZAVODNICK*- ANN L. LONGO* SUZANNE K. MINTZER* ALESSANDRA CARRAFIELLO* DANIELLE DIAMBROSIO* PATRICIA CAREY KULP " JOHN A. FITZPATRICK*' TRICIA M. AMBROSE *ALSO MEMBER OF NJ BAR -ALSO MEMBER OF D.C. BAR ALSO MEMBER OF DE BAR ALSO MEMBER OF MD BAR ATTORNEYS AT LAW SUITE 750 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5116 FAX (215) 568-2077 WWW.NAULTY.COM JOHN F. NAULTY (1942-1993) August 8, 2007 8 WEST SECOND STREET MEDIA, PENNSYLVANIA 19063 (610) 565-6999 FAX (610) 565-8668 GREENTREE COMMONS 9003A LINCOLN DRIVE WEST MARLTON, NEW JERSEY 08053 (856) 985-2005 FAX(856)985-1963 SUITE 1014 300 DELAWARE AVE. WILMINGTON, DELAWARE 19801 (302) 575-0676 FAX (302) 575-0236 SANDRA C. HYMOWITZ + Of Counsel Direct E-Mail: tmccormack@naulty.com VIA FAX (717-652-6290 ) and REGULAR MAIL Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 RE: Michael DiSante v. Carl Getty, D.D.S. CCP, Cumberland County, No. 05-1809 Our File Number: Z129-00026 Dear Mr. Wix: As you know, a copy of Defendant, Carl Getty, D.D.S.', Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents was forwarded to you under a cover letter dated August 1, 2007. Pursuant to Cumberland County Local Rule No. 208.3(a)(9), I am required to ask you if you are in concurrence with said Motion and the proposed Order attached to said Order. I have been informed by your office that your are currently away on vacation and will not be back in your office until Monday, August 13, 2007. Therefore, when you return to the office on August 13", I request that you please contact me and advise as to whether or not you are in concurrence with Defendant's Motion and proposed Order. If I have not heard from you by 4:00 p.m. on Tuesday, August 14, 2007, I will amend Defendant's Motion and inform the Court that your concurrence was sought with no response. Thank you for your anticipated courtesy and cooperation in this matter. Very truly yours, THOMAS A. McCORMACK TAM: c_, ? _...t ?. yam' '?? _ ?? a-r ?-,', C? ? l t . s?? C 9 ?- r ? ? `? MICHAEL DISANTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARL GETTY, D.D.S, Defendant NO. 05-1809 CIVIL TERM ORDER OF COURT AND NOW, this 22°d day of August, 2007, upon consideration of Defendant's Motion To Compel Plaintiff s Answers to Interrogatories and Requests for Production of Documents (as amended) , a Rule is hereby issued upon Plaintiff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, h X ard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109 Attorney for Plaintiff Ga V. Gittleman, Esq. aulty, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 Attorney for Defendant J. :rc 0, 1 ;Z ?, 'c! ZZ ISi(' V IU0Z R f4i I :_aidt 43 IN THE MATTER OF: MICHAEL DISANTE N/A CERTIFICATE ORIGIN% PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 05-1809 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/19/2007 S/ V. TTLE hGAR q MAN, ESQ. Attorney for DEFENDANT R1.42 133-H DE11 58935-LO1 ' CO1??IlVION'WEAI-TH O F P ENN S YILVAN I A COUNT Y C >F7 C UMB E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL DISANTE TERM, -VS- CASE NO: 05-1809 N/A NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/30/2007 CC: GARY V. GITTLEMAN, ESQ. - Z129-00026 Any questions regarding this matter, contact MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1:1.41S 105-N DE02-0377951 5 8 9 3 5- C 0 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL DISANTE VS. N/A File No. 05-1809 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AETNA, INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ES ADDRESS: 1617 JFK BOULEVARD PHILADELPHIA. PA 19103 TELEPHONE: 1155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NOV 19 2007 Date: O A 6 Seal of the Court BY THE COURT: f thonotary/Clerk, Civil vision Deputy r-'7 58935-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AETNA, INC. 151 FARMINGTON AVE. W101 LEGAL DEPT HARTFORD, CT 06156 RE: 58935 MICHAEL DISANTE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ID #201620121 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL DISANTE 105 OAK KNOLL ROAD, NEW CUMBERLAND, PA 17070 Social Security #: 201-62-0121 Date of Birth: 01-12-1983 I'1.41S 105-N SU10-0709968 5 8 93 5- L O 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORICIINAL IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL DISANTE TERM, CUMBERLAND -VS- CASE NO: 05-1809 N/A As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESO. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/19/2007 MCS on behalf o GARY. GITTLEM?.N, ESQ . Attorney for DEFENDANT R1.42 133-H DE11 58935-L02 C OM1V10 NWE A L T H 011F P E N N S Y L V A N I A COUNT Y C )IF C UMB E R L AN D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL DISANTE TERM, -VS- CASE NO: 05-1809 N/A NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served, Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/30/2007 CC: GARY V. GITTLEMAN, ESQ. - Z129-00026 Any questions regarding this matter, contact 1.41S 105-N MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET # 800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0377951 5 8 9 3 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL DISANTE vs. TO: N/A File No. 05-1809 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for- DR SHAWN HA K (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MC" Groan, Inc„ 1601 Market Street. Suite 800 Philadelphia , PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _GARY V. GITTLEMAN ESO ADDRESS: 1617 JFK BOULEVARD SUITE 750 PHILADELPHIA, PA 19103 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: OV 19 2007 Date: 16 /A I/ //Yl Seal of the Court 5 1C . otb notary/Clerk, Civil ivision ?? K A# 6L ()" L "0?31 Deputy 58935-02 EXPLANATION TO: CUSTODIAN OF RECORDS FOR: DR. SHAWN HABAKUS 1008 BEN FRANKLIN HIGHWAY DOUGLASSVILLE, PA 19518 RE: 58935 MICHAEL DISANTE OF REQUIRED RECORDS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL DISANTE 105 OAK KNOLL ROAD, NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-0121 Date of Birth: 01-12-1983 .41S 105-N SU10-0709970 58935-1.02 CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL DISANTE -VS- N/A COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-1809 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/19/2007 MCS on behalf of C GAR V. GITTLEMAN, ESQ. Attorney for DEFENDANT R1.42 133-H DE11 58935-L03 COIVIlVIONWEALTH OF PENNSYLVAN I A COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL DISANTE TERM, -VS- N/A CASE NO: 05-1809 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD WIX ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/30/2007 CC: GARY V. GITTLEMAN, ESQ. - Z129-00026 Any questions regarding this matter, contact MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET # 800 PHILADELPHIA, PA 19103 (215) 246-0900 1.41S 105-N DE02-0377951 5 8 9 3 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL DISANTE VS. N/A File No. 05-1809 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ DR. ERIC LINGER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDE * * * * at _ The M Gm=, Inc. 1601 Market Street , Suite 800- Philadeb2hia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN ESO ADDRESS: 1617 JFK BOULEVARD SUITE 750 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: pI NOV 19 2007 Seal of the Court BY THE COURT: S othonotary/Clerk, Ci Division ??K- I I AL- Deputy 58935-03 EXPLANATION TO: CUSTODIAN OF RECORDS FOR: DR. ERIC UNGER 161 OLD SCHOOL HOUSE LANE MECHANICSBURG, PA 17055 RE: 58935 MICHAEL DISANTE OF REQUIRED RECORDS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL DISANTE 105 OAK KNOLL ROAD, NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-0121 Date of Birth: 01-12-1983 :1.415 105-N SU10-0709972 5 8 9 3 5- L 0 3 ' CERTIFICATE ORIGINAi PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MICHAEL DISANTE N/A -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-1809 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/19/2007 MCS on behalf of GARI?JV. GITTLEMAN, ESQ. Attorney for DEFENDANT R1.42 133-H DE11 58935-L04 COZVnvtONWEALTH OF PENNSYLVAN I A COUNT Y O F C UMB E R L A N D IN THE MATTER OF: COURT OF COMMON PLEAS MICHAEL DISANTE TERM, -VS- N/A CASE NO: 05-1809 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/30/2007 CC: GARY V. GITTLEMAN, ESQ. - Z129-00026 Any questions regarding this matter, contact 1.41S 105-N MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET x/800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0377951 5 8 9 3 5- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL DISANTE File No. 05-1809 vs. N/A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ G ANT FOOTS LLC F TAT DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M .S Grout)- Inc., 1601 Marko Street.-Suite 800- Philadelphia-2A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN ES ADDRESS: 1617 _TFTC ROTTT,PVeun _rnL i i .P i A_ PA 19103 TELEPHONE: 12151246-0 00 SUPREME COURT ID #: ATTORNEY FOR: _ Defendant Date: 07 NOV 19 2007 Seal of the Court BY THE COURT: 161 o2." othonotary/Clerk, Ci Division Deputy 58935-04 EXPLANATION TO: CUSTODIAN OF RECORDS FOR: GIANT FOODS LLC LEGAL DEPT 1149 HARRISBURG PIKE CARLISLE, PA 17013 RE: 58935 MICHAEL DISANTE OF REQUIRED RECORDS Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. STORE LOC: 3301 TRINDLE ROAD, CAMP HILL, PA 17011 & 3935 PERKIOMEN AVENUE, READING, PA 19606 Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL DISANTE 105 OAK KNOLL ROAD, NEW CUMBERLAND, PA 17070 Social Security #: XXX-XX-0121 Date of Birth: 01-12-1983 1.41S 105-N SU10-0709974 5 8 9 3 5- L O 4 IN THE MATTER OF: MICHAEL DISANTE DR. CARL GETTY CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-1809 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS MCCORMACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/03/2008 on behalf,, of G _ THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT R1.51 118-H DE11-0738013 58935-LO5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MICHAEL DISANTE -VS- DR. CARL GETTY COURT OF COMMON PLEAS TERM, CASE NO: 05-1809 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PAUL NEWMAN, D.O. MEDICAL RECORDS TO: RICHARD WIX , ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS MCCORMACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/12/2008 CC: THOMAS MCCORMACK, ESQ. - Z129-00026 Any questions regarding this matter, contact MCS on behalf of THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0385865 58935-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL DISANTE File No. 05-1809 vs. DR. CARL GETTY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PAUL NEWMAN. D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS C.= Inc 1601 Market Street Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS MCCORMACK. ES ADDRESS: 1617 JFK BOULEVARD PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 03 Date: .210,1/08 Seal of the Court BY THE COURT: Pr onotary/ Ci Division Deputy 58935-05 Y EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PAUL NEWMAN, D.O. C/O COMMONWELTH CHIRO 11 FAIRLANE RD LANCASTER, PA 17604 RE: 58935 MICHAEL DISANTE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MICHAEL DISANTE 105 OAR KNOLL ROAD, NEW CUMBERLAND, PA 17070 Social Security #: B8%-85-0121 Date of Birth: 01-12-1983 R1.49s 118-H SU10-072104o 58935-LO5 e-% C7 -Q t M F s ? cn Q tv rv MICHAEL DiSANTE, Plaintiff V. CARL GETTY, D.D.S. Defendant TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- ; 809 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter as settled and discontinued. Respectfully submitted, WIX, WENGER & WEIDNER t J? L By Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: olb b N C=D o to ? rnr:P