Loading...
HomeMy WebLinkAbout14-5861 Supreme Cour oMtVennsylvania COUPi"OI>C O�TriIriOriPleas or Prothonotary Use Only: Cil C` r sheet C uw u - Docket No: Sr. wand �� County a o The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. r Commencement of Action: S 'i-! Complaint 0 Writ of Summons Petition © Transfer from Another Jurisdiction J Declaration of Taking E I C Lead Plaintiff's Name: Lead Defendant's Name: T Lynch, Rebecca Hussain, Shabbar, M.D. I Are Mone damages requested? Yes (] No Dollar Amount Requested: J within arbitration limits Y g 9 (check one) outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes 0 No , A Name of Plaintiff/Appellant's Attorney: Charles W. Marsar Jr. M 0 Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional CI Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections C1 Nuisance ❑ Dept.of Transportation ' Premises Liability Q Statutory Appeal:Other S Product Liability(does not include mass tort) E] Employment Dispute: E C' Slander/Libel/Defamation Discrimination 3 71 Employment Dispute:Other J Zoning Board C IJ Other: ,r Q Other: I O Other: O MASS TORT 0 Asbestos N E] Tobacco F-1 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste i 1 Other: 0 Ejectment 0Common Law/Statutory Arbitration B El Eminent Domain/Condemnation l Declaratory Judgment El Ground Rent Mandamus Q Landlord/Tenant Dispute G Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial ( Quo Warranto 9] Dental E9 Partition Replevin 0 Legal a Quiet Title —i Other: Medical J Other: Other Professional: Updated 1/1/2011 R. J.MARZELLA & ASSOCIATES,P.C. BY:CHARLES W.MARSAR,JR.,ESQ. PA SUPREME COURT I.D.N0.86072 3513 NORTH FRONT STREET ATTORNEY FOR HARRISBURG,PA 17110 REBECCA LYNCH TELEPHONE: (717)234-7828 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA LYNCH DOCKET NO. I L4-SS(P U l PROFESSIONAL MEDICAL NEGLIGENCE PLAINTIFF V. SHABBAR HUSSAIN,M.D.; ORTHOPAEDIC ASSOCIATES OF ._ CHAMBERSBURG r r o C=) MARK N.PERLMUTTER,M.D.; �, CD THE MUSCULO-SKELETAL INSTITUTE OF > _n' PENNSYLVANIA I>C_ L r DEFENDANTS JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. 4 Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Charles W. Marsar, Esquire 3513 North Front Street Signa re ott rney Harrisburg, PA 17110 (717)234-7828 Supreme Court ID No. 86072 Names/Address/Telephone No. Date: 3u of Attorney k, _ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: 10 13n / Deputy ( ) Check here if reverse is used for additional information. R. J. MARZELLA & ASSOCIATES, P.C. BY: CHARLES W. MARSAR, JR., ESQ. PA SUPREME COURT I.D. No. 86072 3513 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (717) 234-7828 ATTORNEY FOR REBECCA LYNCH REBECCA LYNCH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I�_sg12l DOCKET NO. H-353. PROFESSIONAL MEDICAL NEGLIGENCE V. PLAINTIFF SHABBAR HUSSAIN, M.D.; 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 MARK N. PERLMUTTER, M.D.; 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 DEFENDANTS JURY TRIAL DEMANDED PRAECIPE TO RE -ISSUE A WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: i/, 75/1.91- cA117 3W 3/a79f Please re -issue a Writ of Summons in the above -captioned action. 4 of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Names/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 86072 Date: AO/° SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F , = r3_ i IF ICE Sheriff EJ ` : HE PROTHON0TAM Jody S Smith Chief Deputy Richard W Stewart Solicitor r,rF E uF THE ..HSRIrr 2011t NOV -4 II1<910: -45 CUMBERLAND COUNTY PENNSYLVANIA Rebecca Lynch vs. Shabbar Hussain, M.D. (et al.) Case Number 2014-5861 SHERIFF'S RETURN OF SERVICE 10/06/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shabbar Hussain, M.D., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Writ of Summons according to law. 10/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Musculo -Skeletal Institute of Pennsylvania, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 366 Alexander Spring Road, Suite 2, South Middleton, Carlisle, PA 17015. Deputies were advised by the current tenants that the defendants moved from this address approximately 1 1/2 years ago. 10/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mark Perlmutter, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as "Not Found" at 366 Alexander Spring Rd., Suite 2, South Middleton, Carlisle, PA 17015. Deputies were advised by the current tenants that the defendant moved from this address approximately 1 1/2 years ago. 10/17/2014 10:44 AM - The requested Writ of Summons served by the Sheriff of Franklin County upon Jean Calimer, Office Manager, who accepted for Ortopadeic Associates of Chambersburg, at 1201 Wayne Avenue, Chambersburg, PA 17201. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 10/17/2014 10:44 AM - The requested Writ of Summons served by the Sheriff of Franklin County upon Jean Calimer, Office Manager, who accepted for Shabbar Hussain, M.D., at 1201 Wayne Avenue, Chambersburg, PA 17201. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $79.49 SO ANSWERS, October 24, 2014 RONY R ANDERSON, SHERIFF (c) Cour vSui.o Sheriff, Te eosoft. Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2014-00353 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN REBBECA LYNCH VS SHABBAR HUSSAIN MD ET AL BRIAN J CRAMER , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS ORTHOPAgaEDIC ASSOCIATES OF CHAMBERSBURG was served upon the DEFENDANT , at 1044:00 Hour, on the 17th day of October , 2014 at 1201 WAYNE AVENUE CHAMBERSBURG, PA 17201 by handing to JEAN CALIMER OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 So Answers: BRIAN J CRAM Surcharge .00 By .00 Depu,heriff .00 10/20/201 R J MARZELLA AND ASSOCIATES PC Sworn and Subscribed to before me this cR0014-day of d2 tea.; a o L2CL&& My Notary / • �?� A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 SHERIFF'S RETURN - REGULAR CASE NO: 2014-00353 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN REBBECA LYNCH VS SHABBAR HUSSAIN MD ET AL BRIAN J CRAMER , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUSSAIN SHABBAR MD the DEFENDANT , at 1044:00 Hour, on the 17th day of October , 2014 at 1201 WAYNE AVENUE CHAMBERSBURG, PA 17201 by handing to JEAN CALIMER OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Service .00 BRIAN J CRAMER Affidavit .00 Surcharge .00 By .00 Deput . •• e iff .00 10/20/2014 Sworn and Subscribed to before me this ao day of Notary y, A.D. J R J MARZELLA AND ASSOCIATES PC COMMONWEALTH OF PENNSYLVANIA NOTARIAL EAL public RICHARD D. McCARTY, Notary Chambersburg Boro is Franklin C County My Commission Expires R. J. MARZELLA & ASSOCIATES, P.C. BY: CHARLES W. MARSAR, JR., ESQ. PA SUPREME COURT I.D. No. 86072 3513 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (717) 234-7828 ATTORNEY FOR REBECCA LYNCH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA LYNCH PLAINTIFF V. DOCKET NO. 14-5861 PROFESSIONAL MEDICAL NEGLIGENCE SHABBAR HUSSAIN, M.D.; 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 -7" MARK N. PERLMUTTER, M.D.; 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 DEFENDANTS JURY TRIAL DEMANDED r PRAECIPE TO RE -ISSUE A WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: VI .71Swi‘k_ 314(10q Please re -issue a Writ of Summons in the above -captioned action. _2 Writ of Summons shall be issued and forwarded to ( X ) Attorney ( ) Sheriff Charles W. Marsar,_Esquire 3513 North Front Street Harrisburg,_PA 17110 (717) 2347828 Names/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No. 86072 Date: YOUNG & McGILVERY, P.C. BY: Michael E. McGilvery/Raymond A. Petruccelli IDENTIFICATION NO. 59445/873 67 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 292-9100 REBECCA LYNCH VS. SHABBAR HUSSAIN, M.D.; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; MARK N. PERLMUTTER, M.D.; THE MUSCULO- SKELETAL INSTITUTE OF PENNSYLVANIA ATTORNEY FOR: Defendants, Shabbar Hussain, M.D. and Orthopaedic Associates of Chambersburg COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET: 14-5861 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the defendants, Shabbar Hussain, M.D. and Orthopaedic Associates of Chambersburg, in the above -captioned matter. YOUNG & MCGILVERY, P.C. BY: DATE: December 3, 2014 ichael E. Gil ry Raymond A. Petruccelli YOUNG & McGILVERY, P.C. BY: Michael E. McGilvery/Raymond A. Petruccelli IDENTIFICATION NO. 59445/87367 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 292-9100 REBECCA LYNCH VS. SHABBAR HUSSAIN, M.D.; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; MARK N. PERLMUTTER, M.D.; THE MUSCULO- SKELETAL INSTITUTE OF PENNSYLVANIA ATTORNEY FOR: Defendants, Shabbar Hussain, M.D. and Orthopaedic Associates of Chambersburg COURT OF COMMON PLEAS CUMBERLAND COUNTY-, rJ DOCKET: 14-5861 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Shabbar Hussain, M.D. and Orthopaedic Associates of Chambersburg, hereby demand a jury trial in the above captioned matter, said jury to consist of twelve (12) jurors. YOUN ! & McGILVERY, P.C. BY: DATE: December 3, 2014 'chael E. McGilve Raymond A. Petruccelli YOUNG & McGILVERY, P.C. BY: Michael E. McGilvery/Raymond A. Petruccelli IDENTIFICATION NO. 59445/87367 SUITE 200 2011 RENAISSANCE BOULEVARD KING OF PRUSSIA, PA 19406 (610) 292-9100 REBECCA LYNCH VS. SHABBAR HUSSAIN, M.D.; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; MARK N. PERLMUTTER, M.D.; THE MUSCULO- SKELETAL INSTITUTE OF PENNSYLVANIA ATTORNEY FOR: Defendants, Shabbar Hussain, M.D. and Orthopaedic Associates of Chambersburg COURT OF COMMON PLEAS CUMBERLAND COUNTY?, c DOCKET: 14-5861 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: c5\ Kindly enter a Rule upon Plaintiff to fi le a compl nt within twenty (20) days or suffer a Judgment of Non -Pros. ichael E. McGilvery Raymond A. Petruccelli Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this 5 day of bee. , 2014, a Rule is entered upon Plaintiff to file a complaint within twenty (20)days or suffer Judgment of Non -Pros. Prothonotary Date: December 3, 2014 R. J. MARZELLA & ASSOCIATES, P.C. BY: CHARLES W. MARSAR, JR., ESQ. PA SUPREME COURT I.D. NO. 86072 3513 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE: (717) 234-7828 ATTORNEY FOR REBECCA LYNCH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA LYNCH DOCKET NO. 14-5861 PROFESSIONAL MEDICAL NEGLIGENCE PLAINTIFF V. SHABBAR HUSSAIN, M.D.; 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 MARK N. PERLMUTTER, M.D.; 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 DEFENDANTS JURY TRIAL DEMANDED PRAECIPE TO RE -ISSUE A WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: ej(jk aa�rgq 'J -w-31 v jog Please re -issue a Writ of Summons in the above -captioned action. 2 Writ of Summons shall be issued and forwarded to (X) Attorney( ) Sheriff Charles W. Marsar, Esquire 3513 North Front Street Harrisburg, PA 17110 (717) 234-7828 Names/Address/Telephone No. of Attorney Supreme Court ID No. 86072 Date: 2 GROSS McGINLEY, LLP BY: HOWARD S. STEVENS, ESQUIRE I.D. No. 42848 BY: ANDREW H. RALSTON, ESQUIRE I.D. No. 88770 33 S. 7TH STREET, P.O. BOX 4060 ALLENTOWN, PA 18105-4060 (610) 820-5450 ATTORNEYS FOR DEFENDANTS MARK N. PERLMUTTER, M.D. AND CARLISLE MEDICAL GROUP, LLC D/B/A THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA (INCORRECTLY IDENTIFIED AS "THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA") REBECCA LYNCH Plaintiff vs. SHABBAR HUSSAIN, M.D.; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; MARK N. PERLMUTTER, M.D.; THE MUSCULO- SKELETAL INSTITUTE OF PENNSYLVANIA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14-5861 CIVIL ACTION — LAW PROFESSIONAL MEDICAL NEGLIGENCE JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearances on behalf of the Defendants, Mark N. Perlmutter, M.D. and the Carlisle Medical Group, LLC, d/b/a The Musculo -Skeletal Institute of Pennsylvania (incorr>,ectly, identified as "The Musculo -Skeletal Institute of Pennsylvania"). By: By: DATED: December 31, 2014 GROS: C EY, LLP 4./ / waid S. tevens, Esquire Ahoy ey I.D. #42848 GROSS MC V 4 —� C) CD ,. Andrew H. " alston, Jr , squire Attorney I.D># 88770 GROSS McGINLEY, LLP BY: HOWARD S. STEVENS, ESQUIRE I.D. No. 42848 BY: ANDREW H. RALSTON, ESQUIRE I.D. No. 88770 33 S. 7TH STREET, P.O. BOX 4060 ALLENTOWN, PA 18105-4060 (610) 820-5450 ATTORNEYS FOR DEFENDANTS MARK N. PERLMUTTER, M.D. AND CARLISLE MEDICAL GROUP, LLC D/B/A THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA (INCORRECTLY IDENTIFIED AS "THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA") REBECCA LYNCH Plaintiff vs. SHABBAR HUSSAIN, M.D.; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; MARK N. PERLMUTTER, M.D.; THE MUSCULO- SKELETAL INSTITUTE OF PENNSYLVANIA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14-5861 CIVIL ACTION — LAW PROFESSIONAL MEDICAL NEGLIGENCE JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Issue rule on Plaintiffs to file a complaint in the above -captioned matter within twenty (20) days after service of the rule or the Prothonotary -Civil Division, upon praecipe of the Defendants, Mark N. Perlmutter, M.D. and Carlisle Medical Group, LLC d/b/a The Musculo - Skeletal Institute of Pennsylvania (incorrectly identified as "The Musculo -Skeletal Institute of Pennsylvania"), shall enter a Judgment Non Pros. • DATED: DQFY) LV.0 Signature: Print Name: Address: Ho are Stevens, Esquire A o ey for Defendants, Mark N. Perlmutter, M.D. and Carlisle Medical Group, LLC, d/b/a The Musculo -Skeletal Institute of Pennsylvania Howard S. Stevens I.D. No.: 42848. Gross McGinley, LLP 33 S. 7th Street, P.O. Box 4060 Allentown, PA 18105 (610) 820-5450 NOW, Certificate Of Service The undersigned hereby certifies that a true and correct copy of the Praecipe for Entry of Appearance and Praecipe for Rule to File Complaint on behalf of Defendants, Mark N. Perlmutter, M.D., and Carlisle Medical Group, LLC d/b/a The Musculo -Skeletal Institute of Pennsylvania (incorrectly identified as "The Musculo -Skeletal Institute of Pennsylvania") was forwarded by first class mail, postage paid, to the following: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 for Plaintiffs Date: CsipnL-r/ 31 2O1 L/ Shabbar Hussain, M.D. 1035 Wayne Avenue. Chambersburg, PA 17201 Orthopaedic Associates of Chambersburg 1035 Wayne Avenue Chambersburg, PA 17201 GROSS MCGINLEY, LLP BY: 1 OW Nicole Medei Paralegal I till.' --44C11'14 r LLi Jf 12 Pi..1 2: i 8 r R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 •-`� ii; y r�iv�l ., 1,;11; Pl_P tj` V, o n Attorney for: Rebecca Lynch IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA LYNCH DOCKET NO. 14-5861 • PLAINTIFF, PROFESSIONAL MEDICAL NEGLIGENCE V. SHABBAR HUSSAIN, M.D.; 1201 WAYNE AVE.; CHAMBERSBURG, PA 17201; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 MARK N. PERLMUTTER, M.D.; 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 DEFENDANTS JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 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. Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza 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 pueda perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esq. PA SUPREME COURT I.D. No. 86702 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorney for: Rebecca Lynch IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA LYNCH DOCKET NO. 14-5861 PLAINTIFF, PROFESSIONAL MEDICAL NEGLIGENCE V. SHABBAR HUSSAIN, M.D.; 1201 WAYNE AVE.; CHAMBERSBURG, PA 17201; ORTHOPAEDIC ASSOCIATES OF CHAMBERSBURG; 1201 WAYNE AVE. CHAMBERSBURG, PA 17201 MARK N. PERLMUTTER, M.D.; 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 THE MUSCULO -SKELETAL INSTITUTE OF PENNSYLVANIA 366 ALEXANDER SPRING ROAD SUITE 2 CARLISLE, PA 17015 DEFENDANTS JURY TRIAL DEMANDED COMPLAINT 1. Rebecca Lynch was at all relevant times herein an adult individual residing in Needmore, Cumberland County, Pennsylvania. 2. Defendant Shabbar Hussain, M.D. (herein after Defendant Hussain), was at all times herein an adult individual licensed to practice medicine in the Commonwealth of Pennsylvania and who at all relevant times here in was engaged in the practice of Orthopaedic medicine in Chambersburg, Franklin County, Pennsylvania. 3. Defendant Orthopaedic Associates of Chambersburg (herein after Defendant OAC), was at all times herein a business providing orthopaedic medical services, incorporated in the State of Pennsylvania with an address for service at 1201 Wayne Avenue, Chambersburg, PA 17201. 4. Defendant Mark N. Perlmutter, M.D. (herein after Defendant Perlmutter), was at all times herein an adult individual licensed to practice medicine in the Commonwealth of Pennsylvania and who at all relevant times herein was engaged in the practice of Orthopaedic medicine in Carlisle, Cumberland County, Pennsylvania. 5. Defendant The Musculo -Skeletal Institute of PA (herein after Defendant MSIP), was at all times herein a business orthopaedic medical services, incorporated in the State of Pennsylvania with an address for service at 366 Alexander Spring Road, Suite 2, Carlisle, PA 17015. 6. At all relevant times herein, Defendant Hussain was the agent, ostensible agent, apparent agent, servant and/or employee of Defendant OAC and was acting within the course and scope of his employment when providing professional medical services to the Plaintiff 7. At all relevant times herein, Defendant Perlmutter was the agent, ostensible agent, apparent agent, servant and/or employee of Defendant MSIP and was acting within the course and scope of his employment when providing professional medical services to the Plaintiff. 8. In September 2012, Rebecca Lynch was suffering the effects of a pinky finger injury on her right hand. 9. On October 4, 2012, she reported to Defendant Hussain, at the Summit Surgery Center in Chambersburg, Pennsylvania, and underwent an open reduction internal fixation in an attempt to repair the fracture she suffered. 10. On October 31, 2012, she visited Defendant Hussain at his practice, Orthopaedic Associates of Chambersburg in Chambersburg, Pennsylvania for a follow up, during which, it was discovered that one of the pins placed during surgery had dislodged, displacing the fracture. 11. Defendant Hussain recommended a second open reduction internal fixation surgery in an attempt to revise the first surgery and Ms. Lynch accepted. 12. On November 2, 2012, Ms. Lynch reported to Chambersburg Hospital located in Chambersburg, Pennsylvania to undergo the revision surgery by Defendant Hussain. 13. On November 7, 2012, Ms. Lynch was again seen at the Orthopaedic Associates of Chambersburg for follow up care. During this visit, Defendant Hussain either recommended, ordered, and/or taped her 4th and 5th fingers together. 14. On December 7, 2012, Ms. Lynch underwent a third surgery by Defendant Hussain at Chambersburg Hospital, a manipulation and open lysis of the dorsal capsule index tensor mechanism, which was done as a result of joint adhesion of the metacarpophalangeal joint on the pinky finger. 15. On January 6, 2013, Ms. Lynch was seen at the Musculo -Skeletal Institute in Carlisle, Pennsylvania by Defendant Perlmutter for right pinky finger pain. 16. During the January 6, 2013 office visit with Defendant Perlmutter, it was established that Ms. Lynch could not bend her right pinky finger nor her right ring finger and surgery was recommended. 17. On February 18, 2013, Ms. Lynch reported to the Carlisle Regional Medical Center and underwent yet another revision surgery; specifically, an ORIF fifth MC with autograft and allograft performed by Defendant Perlmutter. 18. During this surgery, it was noted that the EDQ Tendon was ruptured. 19. On April 22, 2013, Ms. Lynch once again reported to the Carlisle Regional Medical Center and underwent a fifth surgery (i.e. a revision ORIF surgery with fusion of the fifth MC with correction of severe malrotation, bone graft, and removal of deep hardware from the fifth MC bone.). 20. On March 14, 2014, Ms. Lynch was seen by Dr. Randy M. Hauck at the Penn State Hershey Milton S. Hershey Medical Center. During this visit, Dr. Hauck, in his office note, states, "To my way of thinking, this is a whole comedy of errors with at least 3 mistakes." 21. Lastly, on May 9, 2014, Ms. Lynch reported to the Penn State Milton Hershey Medical Center and underwent a sixth surgery performed by Dr. Randy Hauck for plate removal from the right small MC and proximal phalanx with a prosthetic arthroplasty in the MC joint of the small finger and capsulotomy of the ring finger MC joint. 22. As a direct and proximate result of the Defendants' negligence, Plaintiff Rebecca Lynch, has been forced to incur liability for medical treatment, medicines, hospitalizations, rehabilitation and similar miscellaneous expenses in an effort to restore her health and because of the nature of said injuries, Ms. Lynch is advised and therefore avers that she will be forced to incur similar medical expenses in the future and a claim is therefore made. 23. As a direct and proximate result of the Defendants' negligence, Ms. Lynch has undergone and will in the future undergo great physical and mental/emotional pain and suffering, great inconvenience in carrying out her daily activities, a loss of life's pleasures and enjoyment and a claim is made therefore. 24. As a direct and proximate result of the Defendants' negligence, Ms. Lynch has sustained a loss of past and future earnings, a loss of earning power and a loss of earning capacity and a claim is made therefore. 25. As a direct and proximate result of the Defendants' negligence, Ms. Lynch has suffered physical injury including but not limited to nonunion and subsequent arthrodesis of the metacarpophalangeal joint of the right small finger and flexion deficit of the ring metacarpophalangeal joint, and a claim is made therefore. 26. As a direct and proximate result of the Defendants' negligence, Ms. Lynch has suffered from the physical and emotional pain and suffering related to additional hospitalizations, physician office visits, rehabilitation, physical therapy, additional medications, and the permanent injury and impairment of her right fourth and fifth digits and a claim is made therefore. COUNT I PROFESSIONAL MEDICAL NEGLIGENCE Rebecca Lynch v. Shabbar Hussain M.D. 27. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference as if set forth at length. 28. Defendant Shabbar Hussain, M.D., is liable to the Plaintiff, Rebecca Lynch, for the injuries and damages alleged herein which were directly and proximately caused by the Defendant's negligence with respect to Rebecca Lynch by: a. Improperly inserting pins into the fractured bone failing to connect the two bone fragments; b. Improperly re-inserting pins into the fractured bone failing to connect the two bone fragments; c. Improperly securing plate flat against fractured bone segment thereby failing to connect the two bone fragments; d. Failing to properly assess the injury prior to surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; including the failure to timely order and interpret radiology studies such as an MRI. e. Failing to recommend conservative treatment prior to the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; including bone alignment and casting stabilization. f. Failing to refer Plaintiff to a Hand Specialist prior to the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. g. Negligently inserting the incorrectly sized and/or type of hardware during the surgery performed on October 4, 2012 and November 2, 2012. h. Failing to properly align the fractured bones prior to or during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. i. Failing to timely order the appropriate therapy following the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; and prevent additional soft tissue damage and deterioration. j. Negligently recommending, ordering, and/or taping Plaintiffs 4th and St" fingers together for a period of time that resulted in causing additional harm. k. Failing to timely order the appropriate diagnostic studies such as an MRI and/or CT to dictate the extent of soft tissue and/or boney damage. 1. Negligently severing Plaintiff's tendon(s) during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. m. Negligently causing and/or contributing to Plaintiff's tendon rupture during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. n. Failing to properly pin the fractured bone together during the October 4, 2012 surgery. o. Failing to properly ensure that the pin(s) utilized in the October 4, 2012 were properly placed and/or secured. p. Negligently removing the screws during the November 2, 2012 or December 7, 2012 surgery. q. Failing to properly implant and/or secure, and/or anchor hardware including the plate utilized during the November 2, 2012 surgery. r. Negligently inserting and/or positioning hardware that caused and/or contributed to the severing of Plaintiff's tendon(s). 29. The negligence of Defendant Hussain increased the risk of harm and was a substantial factor in causing the injuries and expenses to the Plaintiff, as alleged above, and for all of which damages are claimed. 30. Defendant Shabbar Hussain, M.D., is liable to the Plaintiff for the injuries and damages as set forth above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch, demands judgment against Defendant, Shabbar Hussain, M.D. in an amount in excess of $50,000.00 exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II VICARIOUS LIABILITY Rebecca Lynch v. Orthopaedic Associates of Chambersburg 31. Paragraphs 1 through 30 of this Complaint are incorporated herein by reference as if set forth at length. 32. Defendant Orthopaedic Associates of Chambersburg is jointly and severally liable to the Plaintiff, Rebecca Lynch, for the injuries and damages alleged herein which were directly and proximately caused by Defendant Hussain's negligence with respect to Rebecca Lynch, by: a. Improperly inserting pins into the fractured bone failing to connect the two bone fragments; b. Improperly re-inserting pins into the fractured bone failing to connect the two bone fragments; c. Improperly securing plate flat against fractured bone segment thereby failing to connect the two bone fragments; d. Failing to properly assess the injury prior to surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; including the failure to timely order and interpret radiology studies such as an MRI. e. Failing to recommend conservative treatment prior to the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; including bone alignment and casting stabilization. f. Failing to refer Plaintiff to a Hand Specialist prior to the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. g. Negligently inserting the incorrectly sized and/or type of hardware during the surgery performed on October 4, 2012 and November 2, 2012. h. Failing to properly align the fractured bones prior to or during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. i. Failing to timely order the appropriate therapy following the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012; and prevent additional soft tissue damage and deterioration. j. Negligently recommending, ordering, and/or taping Plaintiff's 4th and 5th fingers together for a period of time that resulted in causing additional harm. k. Failing to timely order the appropriate diagnostic studies such as an MRI and/or CT to dictate the extent of soft tissue and/or boney damage. 1. Negligently severing Plaintiff's tendon(s) during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. m. Negligently causing and/or contributing to Plaintiff's tendon rupture during the surgeries performed on October 4, 2012, November 2, 2012, and December 7, 2012. n. Failing to properly pin the fractured bone together during the October 4, 2012 surgery. o. Failing to properly ensure that the pin(s) utilized in the October 4, 2012 were properly placed and/or secured. p. Negligently removing the screws during the November 2, 2012 or December 7, 2012 surgery. q. Failing to properly implant and/or secure, and/or anchor hardware including the plate utilized during the November 2, 2012 surgery. r. Negligently inserting and/or positioning hardware that caused and/or contributed to the severing of Plaintiff's tendon(s). 33. The negligence of the actual or ostensible agents, servants and/or employees of Defendant Orthopaedic Associates of Chambersburg, named above, increased the risk and was a substantial factor in causing the injuries and expenses to the Plaintiff, as alleged above, and for all of which damages are claimed. 34. Defendant Orthopaedic Associates of Chambersburg is liable to the Plaintiff for the injuries and damages as set forth in above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch, demands judgment against Defendant, Orthopaedic Associates of Chambersburg, in an amount in excess of $50,000.00 exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III INFORMED CONSENT Rebecca Lynch v. Shabbar Hussain M.D. 35. Paragraphs 1 through 34 of this Complaint are incorporated herein by reference as if set forth at length. 36. Defendant Shabbar Hussain, M.D. is liable to the Plaintiff for battery in the form of his intentionally inflicting harmful and offensive bodily contact on Rebecca Lynch by: a. Realizing that the proposed surgical procedure would result in offensive bodily contact with Rebecca Lynch. b. Knowingly ordering the proposed surgical procedure be performed on Rebecca Lynch without her informed consent and/or being fully informed; c. Causing permanent and substantial injury to Rebecca Lynch as a result of the non-consensual surgery; d. Failing to obtain Rebecca Lynch's informed consent to the proposed surgical procedure; e. Failing to inform Rebecca Lynch fully and properly of the material risks, possible consequences and alternatives to the proposed surgical procedure; f. Failing to inform Rebecca Lynch of the possible consequences of the surgical procedure, including the physical, emotional and psychological consequences; g. Failing to disclose to Rebecca Lynch all information material to the decision to undergo the proposed procedure. 37. Plaintiff, Rebecca Lynch, would not have submitted to the aforementioned surgical procedure if she had known of the undisclosed information, misinformation, risks, consequences, side effects, and alternatives to the proposed treatment. 38. As a result, Plaintiff Rebecca Lynch sustained injuries as set forth in paragraphs 22 through 26 above, which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch demands judgment against Defendant, Shabbar Hussain, M.D. in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV PROFESSIONAL MEDICAL NEGLIGENCE Rebecca Lynch v. Mark N. Perlmutter M.D. 39. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference as if set forth at length. 40. Defendant Mark N. Perlmutter, M.D., is liable to the Plaintiff, Rebecca Lynch, for the injuries and damages alleged herein which were directly and proximately caused by the Defendant's negligence with respect to Rebecca Lynch by: a. Improper diagnosis and treatment of fractured joint; b. Improperly performing total fusion on a non -injured joint; c. Failing to properly assess the injury prior to surgeries performed on February 18, 2013 and April 22, 2013; including the failure to timely order and interpret radiology studies such as an MRI. d. Failing to recommend conservative treatment prior to the surgeries performed on February 18, 2013 and April 22, 2013; including bone alignment and casting stabilization. e. Failing to refer Plaintiff to a Hand Specialist prior to the surgeries performed on February 18, 2013 and April 22, 2013. f. Failing to timely order the appropriate therapy following the surgeries performed on February 18, 2013 and April 22, 2013 to prevent additional soft tissue damage and deterioration. g. Failing to timely order the appropriate diagnostic studies such as an MRI and/or CT to dictate the extent of soft tissue and/or boney damage. h. Negligently inserting and/or positioning hardware that caused and/or contributed to the severing of Plaintiff's tendon(s). i. Negligently recommending and/or ordering and/or performing a total fusion surgery. j. Negligently recommending and/or ordering and/or performing a fusion surgery on the incorrect and/or inappropriate joint. k. Negligently recommending and/or ordering and/or performing a fusion surgery on an uninjured joint. 1. Negligently selecting and/or utilizing hardware that was not appropriate (i.e. plate) during the April 22, 2013 surgery. 41. The negligence of Defendant Perlmutter increased the risk of harm and was a substantial factor in causing the injuries and expenses to the Plaintiff, as alleged above, and for all of which damages are claimed. 42. Defendant Mark N. Perlmutter, M.D., is liable to the Plaintiff for the injuries and damages as set forth above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch, demands judgment against Defendant, Mark N. Perlmutter, M.D. in an amount in excess of $50,000.00 exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV VICARIOUS LIABILITY Rebecca Lynch v. The Musculo -Skeletal Institute of Pennsylvania 43. Paragraphs 1 through 26 and paragraphs 39 through 42 of this Complaint are incorporated herein by reference as if set forth at length. 44. Defendant, The Musculo -Skeletal Institute of Pennsylvania, is liable to the Plaintiff, Rebecca Lynch for the injuries and damages alleged herein which were directly and proximately caused by the Defendant's negligence with respect to Rebecca Lynch, by: a. Improper diagnosis and treatment of fractured joint; b. Improperly performing total fusion on a non -injured joint; Failing to properly assess the injury prior to surgeries performed on February 18, 2013 and April 22, 2013; including the failure to timely order and interpret radiology studies such as an MRI. c. Failing to recommend conservative treatment prior to the surgeries performed on February 18, 2013 and April 22, 2013; including bone alignment and casting stabilization. d. Failing to refer Plaintiff to a Hand Specialist prior to the surgeries performed on February 18, 2013 and April 22, 2013. e. Failing to timely order the appropriate therapy following the surgeries performed on February 18, 2013 and April 22, 2013 to prevent additional soft tissue damage and deterioration. f. Failing to timely order the appropriate diagnostic studies such as an MRI and/or CT to dictate the extent of soft tissue and/or boney damage. g. Negligently inserting and/or positioning hardware that caused and/or contributed to the severing of Plaintiff's tendon(s). h. Negligently recommending and/or ordering and/or performing a total fusion surgery. i. Negligently recommending and/or ordering and/or performing a fusion surgery on the incorrect and/or inappropriate joint. j. Negligently recommending and/or ordering and/or performing a fusion surgery on an uninjured joint. k. Negligently selecting and/or utilizing hardware that was not appropriate (i.e. plate) during the April 22, 2013 surgery. 45. The negligence of Defendant, The Musculo -Skeletal Institute of Pennsylvania, increased the risk of harm and was a substantial factor in causing the injuries and expenses to the Plaintiff, as alleged above, and for all of which damages are claimed. 46. Defendant, The Musculo -Skeletal Institute of Pennsylvania, is liable to the Plaintiff for the injuries and damages as set forth above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch, demands judgment against Defendant, The Musculo -Skeletal Institute of Pennsylvania, in an amount in excess of $50,000.00 exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI INFORMED CONSENT Rebecca Lynch v. Mark N. Perlmutter M.D. 47. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference as if set forth at length. 48. Defendant Mark N. Perlmutter, M.D. is liable to the Plaintiff for battery in the form of his intentionally inflicting harmful and offensive bodily contact on Rebecca Lynch by: a. Realizing that the proposed surgical procedure would result in offensive bodily contact with Rebecca Lynch. b. Knowingly ordering the proposed surgical procedure be performed on Rebecca Lynch without her informed consent and/or being fully informed; c. Causing permanent and substantial injury to Rebecca Lynch as a result of the non-consensual surgery; d. Failing to obtain Rebecca Lynch's informed consent to the proposed surgical procedure; e. Failing to inform Rebecca Lynch fully and properly of the material risks, possible consequences and alternatives to the proposed surgical procedure; f. Failing to inform Rebecca Lynch of the possible consequences of the surgical procedure, including the physical, emotional and psychological consequences; g. Failing to disclose to Rebecca Lynch all information material to the decision to undergo the proposed procedure. 49. Plaintiff, Rebecca Lynch, would not have submitted to the aforementioned surgical procedure if she had known of the undisclosed information, misinformation, risks, consequences, side effects, and alternatives to the proposed treatment. 50. As a result, Plaintiff Rebecca Lynch sustained injuries as set forth in paragraphs 22 through 26 above, which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff, Rebecca Lynch demands judgment against Defendant, Mark N. Perlmutter, M.D. in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Rebecca Lynch, demands judgment against Defendants Shabbar Hussain, M.D., Orthopaedic Associates of Chambersburg, Mark N. Perlmutter, M.D. and The Musculo -Skeletal Institute of Pennsylvania, in an amount in excess of $50,000.00 exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, R.J.M EL•LA & ASSOCIATES, P.C. q 4 -NAMES W. MAR ID No. 86072 DATED: 1 12 f lc VERIFICATION I, Charles W. Marsar Jr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dat i 12 15 ed Charles W. Ma CERTIFICATE OF SERVICE I, Charles W. Marsar Jr., hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this )2 day of , 2015, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Michael E. McGilvery, Esquire Young & McGilvery, P.C. 2011 Renaissance Blvd., Suite 200 King of Prussia, PA 19406 Counsel for Defendants, Shabbar Hussain, M.D. & Orthopaedic Associates of Chambersburg Howard S. Stevens, Esquire Andrew H. Ralston, Esquire 33 S. 7th Street P.O. Box 4060 Allentown, PA 18105 Counsel for Defendants, Mark N Perlmutter, M.D. & Carlisle Medical Group, LLC D/B/A The Musculo -Skeletal Institute of Pennsylvania BY: R. J. MA ZELLA & Asso TES, P.C. CHARLES W. MARS ., ESQUIRE