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Home My WebLink About05-1964 Lawyer Referral Service Cumberland County Court House, 4th Floor Carlisle, PA 17013 717-240-6200 Cumberland County of Pennsylvania Court Administrator Cumberland County Court House, 4th Floor Carlisle, PA 17013 717 -240-6200 OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO N1T HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU C\N GET LEG HELP: au have been sued in Court. If you wish to defend against the claims set forth in the fo11 wing pages, you must take action within twenty (20) days after this Complaint and Notice re served, by entering a written appearance persona11Y or by attorney and filing in writing .th dIe Court your defenses or objections to the claims set forth against you. You are war ed 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 Campi .nt or for any other claim or relief requested by the plaintiff. You may lose money or proper or other rights important to you. NOTICE TO DEFEND C;o~l~~ oS' - /9(./1 .. Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 619 Robert Street Mechanicsburg, PA 17055 and 209 Reilly Street Harrisburg, PA 17102 Plaintiffs vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Cburch Road Camp Hill, PA 17011 and KONDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and CENtRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, PA 17011 Defendants. : CUMBERLAND COUNTY : COURT OF COMMON PL 'AS : CIVIL DIVISION : No.: oS-lq~,L( iuLl'CfU'V1 CIVIL ACTION COMPLAINT ,- fY) o..fl 7ft?/"'. @ '7 . :J~ AM f~ -1- c...-<-e.- ~'J .~ If) CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages 0 defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), e elusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the folio mg are statements: 1. Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuh! and Jeremy parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing erein at 619 Roberts Street, Mechanicsburg, Pennsylvania, County of Cumberland, and 209 Reilly Street Harrisburg, Pennsylvania, County of Dauphin, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult i dividual, is a citizen and resident ofthe Commonwealth of Pennsylvania and at all times pertinent heret has been engaged in the practice of medicine, with an office and place of business located therein at 8 0 Poplar Church Road in Camp Hill, County of Cumberland. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice ofmedi me, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practic of his profession the professional skills, knowledge, and experience which he possessed or was obli ed to possess, and to pursue her profession in accordance with reasonably safe and acceptable stand rds of care, in general, and obstetrics/gynecology, in particular. -2- 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult ndividual, is a citizen and resident ofthe Commonwealth of Pennsylvania and at all times pertinent her to has been engaged in the practice of medicine, with an office and place of business located therein at 90 Poplar Church Road in Camp Hill, County of Cumberland. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of me Icme, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the pract" e of his profession the professional skills, knowledge, and experience which he possessed or was 0 iged to possess, and to pursue her profession in accordance with reasonably safe and acceptable st care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "C ntral Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, ith an office and place of business located therein at 890 Poplar Church Road in Camp Hill, Count of Cumberland. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, app ent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was respons le for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servant, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within th course and scope of their employment, agency or apparent agency in conjunction with the care and tr atment rendered to the plaintiffs, as described in detail below. -3- 8. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, s rvants and employees included any other medical treatment providers employed by Central Pa. Ob-G not specifically named herein nor readily identifiable in the medical records who rendered, or dertook to render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducti g reasonable discovery. FACTUAL BACKGROUND 9. In or around April of2001, plaintiff, Jessica Pfuhl, became pregnant with her first child. 10. In or around May of 2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. 11. On or about June 11,2001 an ultrasound performed on Ms. Pfuhl, at twelve (1 ) weeks gestation, revealed a bicornuate uterus. No specific treatment was given with respect to this iagnosis. 12. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) eeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal d scharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection an started Ms. Pfuhl on the antibiotic Macrobid. -4- 13. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans 0 go to ... Johnstown Pennsylvania for the weekend and asked him ifthere were any problems or co ems with her making this trip. 14. Dr. Jefferies approved Ms. Pfohl's trip to Johnstown and scheduled her for n ultrasound to be performed at his office on September 17, 2001. 15. On or about the early morning hours of September 15, 2001, Ms. Pfuhl deve oped bleeding and pain while in Johnstown (Pa.) and went to Conemaugh Memorial Medical Ce ter. 16. Upon her arrival to Conemaugh Memorial Medical Center, Ms. Pfuhl was 10 centimeters dilated and diagnosed with placental abruption. 17, Shortly thereafter, an emergent cesarean section delivery was performed and s. Pfohl delivered her daughter, Taylor Maher, a severely premature infant weighing 1 lb. 12 oz. at bi 18, Taylor Maher was diagnosed with multiple complications associated with her evere prematurity at birth. 19. On or about October 14,2001, Taylor Maher was transferred to Hershey Medi al Center for patent ductus arteriosus ("PDA") repair surgery. -5- 20. Following the PDA surgical repair, Taylor Maher remained at Hershey Me ical Center for several months for the management and treatment of the multiple complications associ ted with her severely premature delivery. 21. As a result ofthe tortious conduct ofthe defendants, as more paliicularly h reinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and pelma nt in nature including, but not limited to, significant and profound physical and mental developmental elay due to severe prematurity at birth. 22. As a further result of defendants' tortious conduct, Taylor Maher has suffere and will continue to suffer for an indefinite time in the future, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to he nerves and nervous system. 23. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffi r such loss for an indefinite time. 24. As a further result of defendants' tortious conduct, Taylor Maher has been una Ie to properly attend to her usual daily duties, occupations, labors, leisure pursuits and she will con inue to be unable to do so for an indefinite time. -6- 25. As a further result of defendants' tortious conduct, Taylor Maher has suff" red a significant loss in her enjoyment of the pleasures of life and will continue to suffer such I ss for an indefinite time. 26. As a further result of defendants' tortious conduct, all plaintiffs have incu ed significant expenses for medical treatment, medical consultations, rehabilitation and other related ex enses III an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and they ill continue to incur such expenses for an indefinite time. COUNT I 27. Paragraphs 1 through 26 are herein incorporated by reference as though full set forth at length herein. 28. The negligence of defendants, Dr. Jefferies and Dr. Sambhu, in their individ al capacities and in their capacities as actual or ostensible agents, servants and/or employees of defendan Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl n September 14,2001 when she presented with complaints of pinkish vinal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive di gnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuh! pres ted with complaints of pinkish vaginal discharge and suprapubic pressure; @) failing to rule out the diagnosis of pre term labor on September 14, 200 when Jessica Pfuhl presented with complaints of pinkish vagina! discharge a d -7- suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uteru (e) failing to take adequate steps to prevent Taylor Maher's premature elivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; and (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and sever ly, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damage for prejudgment delay. COUNT II 29. Paragraphs I through 28 are here incorporated by reference as though fully s forth at length herein. 30. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, as previously identified heretofore, consisted of the folio ing: (a) failing to perfonn an adequate physical examination on Jessica Pfuhl 0 September 14, 2001 when she presented with complaints of pinkish va inal discharge and suprapubic pressure; (b) failing to take adequate steps to confinn or rule out the presumptive di nosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl prese ted with complaints of pinkish vaginal discharge and suprapubic pressure; @) failing to rule out the diagnosis ofpretenn labor on Jessica Pfuhl on Se tember -8- 14,2001 when she presented with complaints of pinkish vaginal d scharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy which was an acknowledged high-risk pregnancy in light of her bicornuate uteru ; (e) failing to take adequate steps to prevent Taylor Maher's premature elivery, which was an acknowledged high-risk pregnancy in light of Jessie Pfuhl's bicornuate uterus; and (f) failing to take adequate steps to prevent injury to Taylor Maher as result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and sever lly, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damag for prejudgment delay. SHRAGER SPIVEY & SACHS, P.C. By: I~ -9- <.. Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 310 17 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 (215) 568-7771 --------------------------------------------- TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEA : CIVIL DIVISION Plain tiffs :No.: 05-670 vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. (") c--: Defendants. c~~ CERTIFICATE OF MERIT AS TO GEORGE E. JEFFERIES. M;~. I, Wayne R. Spivey, certify that: ("I ~ ..... -,- -'- -r; rl1;:=:; -om :.':cQ ~d ~?~~ <? ~~S :;::-, fn ~~ :.<. -",' .I ( ) r , . .--X.- An appropriate licensed professional has supplied a written statement to the undersigne that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defe dant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable rofessional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is bas allegations that other licensed professionals for whom this defendant is responsible devia acceptable professional standard and an appropriate licensed professional has suppl. statement to the undersigned that there is a basis to conclude that the care, skill or exercised or exhibited by the other licensed professionals in the treatment, practice or war subject of the complaint, fel! outside acceptable professional standards and that such cot cause in bringing about the harm; OR solely on d from an d written nowledge that is the uet was a Expert testimony of an appropriate licensed professional is unnecessary for prosecutio 1 of the claim against this defendant. Date: fj/'I! -'1 l!/}/i /L .~ WAYl{E R. SPIVEY Counsel for Plaintiff " . Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, P A 19103 (215) 568,7771 -~-----~------------------------------------- TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEA : CIVIL DIVISION Plaintiffs : No.: 05-670 Defendants. I:? '" 0 c::;;. ~~;; <= -n "-'"' ~ .-j "J :c ~'J ;:0 rn r.. -., m . :~'J y w ~~>, f.:' ~:: ~-I : , ~~; :!} , ' -'" CI '-..0' S 1;1 C C:;, -c. - f'.:J ~::.::l .' -c... -.J .< vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. CERTIFICATE OF MERIT AS TO CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY. INC. I, Wayne R. Spivey, certify that: .-2L.. An appropriate licensed professional has supplied a written statement to the undersign d that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defe dant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable rofessional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is bas d solely on allegations that other licensed professionals for whom this defendant is responsible devia ed from an acceptable professional standard and an appropriate licensed professional has supp ed written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or War that is the subject of the complaint, fell outside acceptable professional standards and that such co duct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecuti n of the claim against this defendant. Date: /y1;/C,~ 'WAY1JER. SPIVEY / CounseL for PLaintiff Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 310 I 7 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, FA 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. (") r' "f-- Defendants. CERTIFICATE OF MERIT AS TO KUNDU N. SAMBHU, M.D. I, Wayne R. Spivey, certify that: o -n --1 ::J:-n ill;=:;", -nm f;?~: ._~...! ~T-, -,c,:: -T~ >;:(2 ,-"r.l ~ .~ -X...... An appropriate licensed professional has supplied a written statement to the undersigned at there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defend, 1t in the treatment, practice or work that is the subject of the complaint, fell outside acceptable pr essional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is based s lelyon allegations that other licensed professionals for whom this defendant is responsible deviated om an acceptable professional standard and an appropriate licensed professional has supplied ritten statement to the undersigned that there is a basis to conclude that the care, skill or kn w!edge exercised or exhibited by the other licensed professionals in the treatment, practice or work th t is the subject of the complaint, fen outside acceptable professional standards and that such condu was a cause in bringing about the harn1i OR Expert testimony of an appropriate licensed professional is unnecessary for prosecutio 1 of the claim against this defendant. Date: h ;1 , /,1:} Wq\YNER.~ Counsel for Plaintiff . VERIFICATION I, Wayne R. Spivey, Esquire hereby state that I am counsel for the plaintiffs in the foreg( ing action and that the averments in the foregoing Complaint are true and correct to the best of my knowled e, information and belief. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, rela . falsification to authorities. SHRAGER SPIVEY & SACHS P.e. By: t. -10- l( \J ~ \ 0 lv Q ...., 0 "- U( r;::J ~ c:::) -n r: ~ D- c,.., ~ -.... -0 :I: "'1 ~ ~ ::0 n,j='- ~ -dfTl -',y '" CD :-j,' (j ---I"? ..,--',. E- -ry (::~~,;~~ :~:' i''T1 CJ -'"1 -~ '-....( <.n en / -< -, -.l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JEFFERIES GEORGE E MD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 13th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 39.44 .00 76.44 05/13/2005 SHRAGER SPIVEY So answe~ >______..? _~ . .~--_. ~---- ~ . ?;;.r~/~/~ R. ' Thomas Kline Sheriff of Cumberland County SACHS Sworn and subscribed to before me this if ~ day of 7l1"f' d(7JS A.D. ~'1;:;og~21(~~~" . ,^tzf SHERIFF'S RETURN - REGULAR CASE NO: 2005-01964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL SHANNON SHERTZER sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SAMBHU KUNDU N MD the , at 1330:00 HOURS, on the 25th day of April at 890 POPLAR CHURCH ROAD 2005 DEFENDANT CAMP HILL, PA 17011 by handing to SAMBHU KUNDU a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 10.36 .74 10.00 .00 27.10 r'~~-e<~-R R. Thomas Kline me this / f"'3 day of 05/13/2005 SHRAGER SPIVEY SACHS (....,/ ,1./ By: ,)'/&1/1---'--) rp Deputy Sheriff Sworn and Subscribed to before /'h."IJ t>{! )/ A.D. '---J~P" 0. 'ivi "';0,,(.. ( O~ v P othonotary ,"'/'7 SHERIFF'S RETURN - REGULAR . . . CASE NO: 2005-01964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CENTRAL PENNSYLVANIA OBSTETRICS GYNECOLOGY INC the DEFENDANT , at 1330:00 HOURS, on the 25th day of April , 2005 at 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to SAMBHU KUNDU, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,-.. ~..." ',/" '/ ~t~ ,/:"'-t~?' eo ?-->-:> , ~, , ~"/._+(>. .~~.....,;>;,.,...-....,A" ..../ ~~ ""~~ .l" . ........... ?f'.....' ,.."..-----~"-1 ~ ,~,.);....>' -.'" R. Thomas Kline 05/13/2005 SHRAGER SPIVEY SACHS Sworn and Subscribed to before me this Ife.. day of /1~ Jc~: A.D. ~,~.O ~~ P 0 honotary , By: ,D1~j rk~ i1:;uty Shefifr--- COUNTY Qto. vo.,,,, . . OFFICE OF THE SHERIFF SERVICE CALL (717) 771.9601 4S N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ON. Y LINE 1 THRU 12 DO NOT DETACH ANY COPES Taylor Maher et al 2 COURT NUMBER "<;-1964 civi] 4. TYPE OF VVRIT OR COMPLAINT 1 PLAINTIFF/51 3 DEFENDANT/51 George E. Jefferies MD et al Notice & Complaint SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETe TO SERVE OR DESCRIPTION Of PROPERTY TO BE lEVIED. ATTACHED, OR SOLO . George E. Jefferies MD ..,... 6 ADDRESS (STREET OR RFO \NlTH BOX NUMBER. APT NO, CITY, BORD. T\NP STATE AND liP CODE) AT 1 Holly Drive New Cumberland, PA 17070 7 INDICATE SERVICE D PERSONAL 0 PERSON IN CHARGE U DEPUTlZE ~~n 1..)1$1 CLASS MAil W POSTED U OTHER NOW April 21 , 20 -2..~ I, SHERIFF OF ~ COUNTY, PA, do hereby depuhze the sheriff of York. COUNTY to execute this l,f,i(it.an<:trT1<H<e return ther !S*~ording 10 law. This depulization being made at the request and risk of the plaintiff .;;:;.., ".:{;,'::'.'"H''' ,.. . ~~ . f SHERIFF OF _ UNTY a, SPECl^lINSTRUCTlONS OR OTHER INFQRMA. TION THAT WIll ASSIST IN EXPEDITING SERVICE , CUmberland ,~~' Please mail return of service to Cumberland County Sheriff: "~k you. f,DVAfiCE'F'Elt. PTjJjY B NOTE: OHl Y APPLICABLE ON WRIT OF EXECU HMAN . Any deputy sherrff \e"Ying upon or attaching any property under WIth'" wnt may leave same without a watchman, in cuslody of whomever is found in possession. aMer notifying person of levy or attachment without liability on the part of such deputy Of the sheriff to any plain/Iff herein lor any loss. destruction. or removal of any property before sheriFfs sale thereof 9, TYPE NAME and ADDRESS 01 ATIORNEY (ORIGINATOR and SIGNATURE ~J,"~Ylr~ ~2:!:\T:,:\>T 3211d FL. 10. TelEPHONE NUMBER 11 DATE FilED TrJO COt'1tH:::~CE SQ. '1')')'" ~'.C C J [1".; ,~~l, ET (""" 0.;.. . , 1. ~, ,- 5 J f .. 7 7 7 J (-iG-OS 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (nUS area mVst' I t:lemailed) CUll~),~::L~\LJ~) C() SH]~:~),IFi" SPACE BELOW FOR USE Of TtE SHERFF - 00 NOT WRITE aa.OW THIS LINE 13.~=::=::::n :~. ,JL:}:NS 14)~~.~~)~~~~VED ::~~.~~~;~. t6 HOW SERVED PERSONAL RESIDENCE ( POSTED ( POE{ I OTHER { SEE REMARKS BELOW 'd\~1- "D~ "~ 40 Costs Due or Refund 23 Advance Costs 41. AFFIRMED and subsalbed 10 bel",. m.I"" 9TH 42 day of (jAY .20 ..Q5.3 --......---- 451.?~Tl 't -tJ 47 DATE PROTH NOTARY '~d/A r DATE RECEIVED 4. BLUE - Sheoffs ()ftic.e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 200 I Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05-1964 Ys. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. MOTION TO COMPEL DEPOSITION OF KUNDU N. SAMBHU. M.D. COUNSEL FOR FILING PARTY: WAYNE R. SPIVEY, ESQUIRE Shrager, Spivey & Sachs Two Commerce Square 32"d Floor 2001 Market Street Philadelphia, PA 19103 (215)568-7771 Attorney for Plaintiffs Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plainti ffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY,INC. : FILING COUNSEL: : WAYNE R. SPIVEY, : ATTORNEY FOR PLAINTIFFS Defendants. PLAINTIFFS' MOTION TO COMPEL DEPOSITION OF DEFENDANT, KUNDU N. SAMBHU. M.D. 1. This medical negligence action, filed on April 22, 2005, relates to failure to diagnose and treat plaintiff, Jessica Pfuhl's acknowledged high-risk pregnancy, resulting in injuries to minor plaintiff, Taylor Maher, which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth. See plaintiffs' Complaint attached hereto as Exhibit "A". 2. Plaintiff has been attempting to obtain the deposition of defendant, Dr. Sambhu, but has met with no success. 3. On May 13, 2005, plaintiffs counsel forwarded a Notice of Deposition to Dr. Sambhu scheduling his deposition for June 10,2005. See attached Deposition Notice dated May 13, 2005 and attached as Exhibit "B". 4. On May 17, 2005, plaintiffs' counsel received correspondence from Michael Pipa, Esquire, cancelling this deposition due to his unavailability and the unavailability of Dr. Sambhu. See correspondence dated May 17, 2005 and attached as Exhibit "C". 5. On May 17, 2005, plaintiffs counsel phoned Mr. Pipa's office requesting available dates for the deposition of Dr. Sambhu. Mr. Pipa's office refused to provide dates and indicated Dr. Sambhu would not be appearing for deposition. 6. Plaintiffs cannot proceed further with the preparation of their case for trial until the deposition of Dr. Sambhu is taken and completed. WHEREFORE, plaintiffs request this Honorable Court to enter an Order requiring that defendant, Dr. Sambhu, appear for deposition within thirty (30) days of the date of this Court's Order, or suffer sanctions upon further application to the Court. Shrager, Spivey & Sachs WAYNE Attorneys /t. BY: CERTIFICATE OF SERVICE I hereby certify that on this] 8th day of May, 2005, a true and correct copy of Plaintiffs' Motion to Compel Deposition of Kundu N. Sambhu, M.D. was served via U.S. Mail upon the following: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 171 ] 2 Kundu N. Sambhu, M.D. 890 Poplar Church Road Camp Hill, PA 170ll By: !WJ ,,1.~ M,wLd. J~g,j ",','oo"" Wayne R. Spivey os - J 9t..L{ LlOL '( ~ NOTICE TO DEFEND C:) ~,) 0 C...J ,--' c:.." -n cn :r."r<' ..... :1: --<") rn :D :':0 ,- r"'f1 0 co (L, - " -ry ";') ~,:.'. ~~ , in I I:.;. ._.J (.11 "..;J , -J -< 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. IFYOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU Ci\.N GET LEGAL HELP: Cumberland County of Pennsylvania Court Administrator Cumberland Count-j Court House, 4th Floor Carlisle, PA 17013 717-240-6200 Lawyer Referral Service Cumberland County Court House, 4th Floor Carlisle, PA 17013 717-240-6200 Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 619 Robert Street Mechanicsburg, P A 17055 and 209 Reilly Street Harrisburg, P A 17102 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and KONDU N. SAMBHU, M.D., 890 Poplar Church Road CampHill,PA 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, PA 17011 Defendants. CIVIL ACTION COMPLAINT ~ ;n1f1./,.eIfC.77CC -1- CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: 1. Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, are citizens ofthe Commonwealth ofPem1sylvania, residing therein at 619 Roberts Street, Mechanicsburg, Pennsylvania, County of Cumberland, and 209 Reilly Street, HalTisburg, Pennsylvania, County of Dauphin, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto has been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. -2- 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is a citizen and resident ofthe Commonwealth of Pennsylvania and at all times peliinent hereto has been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws ofPelillsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, andlor employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. -3- 8. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who caru10t reasonably be identified from the records without conducting reasonable discovery. FACTUAL BACKGROUND 9. In or around April of2001, plaintiff, Jessica Pfnhl, became pregnant with her first child. 10. In or around May of200l, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. I!. On or about June 11,2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation, revealed a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 12. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started Ms. Pfuhl on the antibiotic Macrobid. -4- 13. During this office visit, Ms. Pfuhl infonned Dr. Jeffelies that she had plans to go to Johnstown Pennsylvania for the weekend and asked him if there were any problems or concems with her making this trip. ... 14. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be perfonned at his office on September 17, 2001. 15. On or about the early morning hours of September 15, 2001, Ms. Pfuhl developed bleeding and pain while in Johnstown (Pa.) and went to Conemaugh Memorial Medical Center. 16. Upon her arrival to Conemaugh Memorial Medical Center, Ms. Pfuhl was 10 centimeters dilated and diagnosed with placental abruption. 17. Shortly thereafter, an emergent cesarean section delivery was performed and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing lIb. 12 oz. at birth. 18. Taylor Maher was diagnosed with multiple complications associated with her severe prematurity at birth. 19. On or about October 14,2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. -5- 20. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center for several months for the management and treatment ofthe multiple complications associated with her severely premature delivery. 21. As a result ofthe tortious conduct of the defendants, as more paIticularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and pennanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth. 22. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer for an indefinite time in the future, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 23. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of eaImng capacity and she will continue to suffer such loss for an indefinite time. 24. As a further result of defendants' tortious conduct, Taylor Maher has been unable to properly attend to her usual daily duties, occupations, labors, leisure pursuits and she will continue to be unable to do so for an indefmite time. -6- 25. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment ofthe pleasures oflife and will continue to suffer such loss for an indefinite time. 26. As a further result of defendants' tortious conduct, all plaintiffs have incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and they will continue to incur such expenses for an indefinite time. COUNT I 27. Paragraphs 1 through 26 are herein incorporated by reference as though fully set forth at length herein. 28. The negligence of defendants, Dr. Jefferies and Dr. Sambhu, in their individual capacities and in their capacities as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (1;1) failing to rule out the diagnosis of pre term labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and -7- suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate utems; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate utems; and (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT II 29. Paragraphs 1 through 28 are here incorporated by reference as though fully set fOlih at length herein. 30. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, as previously identified heretofore, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or mle out the presumptive diagnosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; @) failing to mle out the diagnosis of pre term labor on Jessica Pfuhl on September -8- 14,2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl' s bicornuate uterus; and (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. SHRAGER SPIVEY & SACHS, P.c. By: I-~ -9- S11rager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 310 17 3Znd Floor, Two Commerce Square 2001 Market Street Philadelphia, P A 19103 (215) 568.7771 --------------------------------------------- TAYLOR MAHER, a minOI, by and du:ough JESSICA PFUHL and JEREMY MAHER, heI parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 V$. GEORGE E.JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. C) C ~::':: 05~-;' Defendants. ~f:;: "7' ~.~ CERTIFICATE OF MERIT AS TO GEORGE E. JEFFERIES, M~~. I, Wayne R. Spivey, certify that: ...., c:;:. 0 = ..." c.n ?:. ...... 'r ::;"-:J rR~ -om -""9 C..J ';-..5 '- ~..,IC.l ,~') =:,:: _",.:::-n -,'.. :~{~,~ C) .~ :.:~ 1') ~D -..J .< ~ /ul appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied writren statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by rhe other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: /!1( .11. .~ " W AY1jE R. SPIVEY Counsel for Plaintiff Shrager~ Spivey & Sachs By: Wayne R. Spivey Identification Number: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 Defendants. 0 I'...:l ~-::;:;:l 0 5:; = -n ~l -::.' :::~ .--l ;,< ::c rI: f' ~ " -n ;oa rn r - -n rr; (f.: W ,::D '? ~ c..) () ~::: 00,-1 :::-.... ~T. ~j-, ~:.4 -q ~i , (") );:. (~:~ C3 ,:5 "I c. -I -::.; .' 1'.) :::J -, -.J .< vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. CERTIFICATE OF MERIT AS TO CENTRAL PENNSYL VANIA OBSTETRICS-GYNECOLOGY. INC. I, Wayne R. Spivey, certify that: -X- An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treannenr, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, praCtice Or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: JYi; .Ie ,t!-~ fWA~.R. SPIVEY / Counsel for Plaintiff Sluager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 31017 3Znd Floor, Two Commerce Square 2001 Market Street Philadelphia, FA 19103 (215) 568.7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, ; CUMBERLAND COUNTY ; COURT OF COMMON PLEAS ; CIVIL DIVISION Plaintiffs ; No.: 05-670 vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. () 2'0-: ...., = = r:J' ."" ==t"J ::;::; o '1l .-< ::r:-r, n1p::d -am :~~~; ~:; 2-3 ~~..~ r'l ~~ ....:;,: ::-:: : Defendants. [I' ~-:::' i_~ ~I'--' w ::'~ :;~ ~~= CERTIFICATE OF MERIT AS TO KUNDU N. SAMBHU. M.D. ::.~ -'- C:J l"'0 -..! I, Wayne R. Spivey, certify that: --X- An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, {ell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: AM .11- h-. 'W$'YNE R. SPIVEY ( Counsel for Plaintiff VERIFICATION I, Wayne R. Spivey, Esquire hereby state that I am counsel for the plaintiffs in the foregoing action and that the averments in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SHRAGER SPIVEY & SACHS, P.C. By: t. -10- DAVID S. SHRAGER WAYNE R. SPIVEY 'ROBERT L. SACHS, JR. tV. PAUL BUCCI, U Of Couse I: oVICTORIA J. KOURY Shrager Spivey Sachs TWO COMMERCE SQUARE 32nd FLOOR 2001 MARKET STREET PHILADELPHIA. PA 19103 (215) 568.7771 FAX (215) 568.7495 website: www.shragerlaw.com general mailbox: info@shragerlaw.com *also member New Jersey Bar talso member West Virgilria Bar oalso member Colorado Bar ATTORNEYS AT lAW May 13, 2005 via certified mail retuYTI receipt requested Kundu N. Sambhu, M.D. 890 Poplar Church Road Camp Hill, PA 17011 RE: Pfuhl v. Jefferies, M.D., et al. Dear Dr. Sambhu: Enclosed please find the following with regard to the above-captioned matter: 1. Plaintiffs' Complaint; 2. Plaintiffs' Interrogatories addressed to Defendants; 3. Plaintiffs' Request for Production for Documents directed to Defendants; and 4. Notice ofDepositioll for Kundu N. Sambhu, M.D. for June 10,2005 at 10:00 a.m. You should immediately contact your attorney and/or insurance carrier and be guided by their advice so that they may protect your legal rights. Verytru.lyyo.urs, ~. . .(I/,;tZ}/ . ./1,., {II , l .' WAR. SPNEY WRS/md Enclosures ~~" Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PLAINTIFFS' NOTICE OF DEPOSITION DIRECTED TO KUNDU N. SAMBHU. M.D. To: Kundu N. Sambhu, M.D. 890 Poplar Church Road Camp Hill, PA 17011 Please take notice that plaintiff, by counsel, Shrager, Spivey & Sachs, pursuant to the Federal Rules of Civil Procedure, will take the deposition of defendant, Kundu N. Sambhu, M.D., to testify to the designated matters set forth below. Said deposition will be taken on June 10,2005 beginning at 10:00 a.m., at The Law Office of Michael J. Hanft located at 19 Brookwood Avenue-Suite 106, Carlisle, P.A. 17013-9142, before a notary public or other person authorized to administer oaths. The taking of said deposition will be taken day- to-day until completed. Your attorney is invited to attend and participate. sltrager,iWt sacfi 0 L " By: ~ ~ ne R. Spivey, Esquire AttoYlley for Plaintiff -2- 05-17-2005 10:10 From-MARSHALL DENNEHEY +7172521549 T-054 P.002/0D2 F-III A REG/{'NAL DfffNSE lJl'lGATION LAW FIRM 4200 Crums MUI Road, Suite B . Harrisburg, P A 17112 (717) 651-3500 . Fax (717) 651-9630 PJmHn'l.~ ~~th1el1(lI:n .ooyllbtowtl l!rie H:lrTisbl1rg NlJwrowf) $~u~ Norrisulwn E<11ilo.delphi;li Po..""", l!1y.noulhMeednll: Xt.1JUO'R WiUi~,.u.lW='rt mw1mb.a\' Cherry fUll. RoI~nd. DIIl..A.WAlUI WJ~llton 011:10 """0 '^"'""" Ft.L~ud~.. J~cIuOl\viUc OiWl.do ~mp:l. I MAasHAll, DENNEHEV, WARNER, COLEMAN ~GoGGIN I A PII.OllEj$ltlNAl- COll.P01^TION www.:m.anbn11denaehey.cOm Direct Dial: 7] 7-651-3529 Email: ktipton@mdwcg.com May 17, 2005 Via Facsimile ,md US Mail Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 RE: Maher v. Jefferies, et al. Cumbo Co. CCP No. 05-670 Our File No. OlOI2-00136.ASS Dear Mr. Spivey: This follows my telephone message I left on your voice mail t{,day. According to the office manager at Dr. Kundu's office, they received documents from your office which I equested the appearance of Dr. Kundu on June la, 200S. Neither Dr. Kundu nor Mr. Pipa are available on that date. In the future, please have your office staff communicate through our office rather than directly conracting 0I1l' clients. Thank you for your consideration. Very truly yours, ,~?-- Paralegal for Michael D. Pipa /ket , MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa. Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 171 12 Email: mpipa@mdwcg.com (717) 651-3500 A ttorneys for Defendants, George E. JejJeries,Sambhu N. Kundu. MD., Central Pennsylvania Obstetrics-Gynecology. Inc. TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. No. 05-1964 GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc. in the above referenced matter. BY: Respectfully Submitted, A E~~~~y,WA~R, ~O~ ~Df MICHAEL D. PIPA, ESQUIRE PA LD. NO.: 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorneys for Defendants, George E. JejJeries, M.D., Sambhu N. Kundu. MD., Central Pennsylvania Obstetrics-Gynecology. Inc. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3500 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants No. 05-1964 Civil Term CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 200 I Market Street Philadelphia, PA 19103 DATE: s-- ,--- (9 - 05 MARSHALL, DENNEHEY, WARNER COLEMAN AND IN BY:' .) - /;11 D ? MICHAEL D. PIPA, ESQU~ Attorneys for Defendants, George E. Jefferies, MD., Sambhu N Kundu, MD.. Central Pennsylvania Obstetrics-Gynecology. Inc. " --,., . " v c,'~ r',~ - TAYLOR MAHER, a minor, by And through JESSICA PFUHL and JEREMY MAHER, her parents and Natural guardians, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 05-1964 CIVIL GEORGE E. JEFFERIES, MD., And KUNDU N. SAMBHU, M.D., And CENTRAL PENNSYLVANIA : OBSTETRICS-GYNECOLOGY, INC., Defendants IN RE: MOTION TO COMPEL DEPOSITION ORDER AND NOW, this Z y. day of May, 2005, a rule is issued on the defendant Kundu N. Sambhu, M.D., to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hf1 r)~ t ~~ .J )-> -1' ~\ .'""?-~ ::. ~~ 0 . 1,-. ~ \ \>.. .'c " )<-. "" i:, v.... ,",," .' I ~', -, :.<:: ',' ll: ~ "',11' ..\[,.1, TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 05-1964 Civil Term NOTICE TO PLEAD TO: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 200 I Market Street Philadelphia, PA 19103 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service of hereof or a default judgment may be filed against you. BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN MICHAELD. PIPA, Attorney l.D. No. 53 4 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3515 Attorneys for Defendants. George E. Jefferies. MD., Kundu N Sambhu. M.D.. Central Pennsylvania Obstetrics-Gynecology. Inc. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa. Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 171 12 Email: mpipa@mdwcg.com (717) 651-3500 T AYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants No. 05-1964 Civil Term JURY TRIAL DEMANDED ANSWER OF DEFENDANTS GEORGE E. JEFFERIES. M.D.. SAMBHU N. KUNDU. M.D.. AND CENTRAL PENNSYL VANIA OBSTETRICS-GYNECOLOGY. INC. TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW, comes Defendants, by and through their attorneys, and in answer to Plaintiffs' complaint, state as follows: I. Denied pursuant to Pa.R.c.P. No. 1029(e). 2. Admitted. 3. The averments of paragraph 3 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, it is admitted that at all times pertinent hereto Dr. Jefferies was engaged in the practice of medicine, pursuing the - specialty of Obstetrics and Gynecology. The remaining averments of paragraph 3 are denied pursuant to rule I 029( e). 4. It is specifically denied that anyone by the name of Dr. Sambhu was at anytime engaged in the practice of medicine at the offices of Central Pennsylvania OB-GYN, Inc. To the contrary, Plaintiff has misidentified the doctor involved in the treatment and care pertinent to the allegations of the complaint. The identities of the physicians who examined and treated Jessica Pfuhl are set forth clearly in the medical records. As set forth in those records, Ms. Pfuhl was at times examined and treated by Sambhu N. Kundu, M.D. by way of further answer, the averments of paragraph 4 constitute conclusions of law to which no response is required. 5. It is specifically denied that anyone by the name of Dr. Sambhu was at anytime engaged in the practice of medicine at the offices of Central Pennsylvania OB-GYN, Inc. To the contrary, Plaintiff has misidentified the doctor involved in the treatment and care pertinent to the allegations of the complaint. The identities of the physicians who examined and treated Jessica Pfuhl are set forth clearly in the medical records. As set forth in those records, Ms. Pfuhl was at times examined and treated by Sambhu N. Kundu, M.D. By way of further answer, the averments of paragraph 5 constitute conclusions of law to which no response is required. To the extent a response is deemed required, it is admitted that at all times pertinent hereto Dr. Kundu was engaged in the practice of medicine, pursuing the specialty of Obstetrics and Gynecology. The remaining averments of paragraph 5 are denied pursuant to rule 1 029( e). 6. Admitted. 2 7. The averments of paragraph 7 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, it is admitted that Dr. ] efferies and Dr. Kundu acted as the agents and employees of Central Pennsylvania OB-GYN. To the extent the averments of paragraph 7 seek to implicate the actions of others, Plaintiffs have failed to identify those persons and Defendants cannot reasonable admit or deny the remaining averments of paragraph 7. By way of further answer, as set forth in medical records, Nurse Midwife George Eckenrode was involved at times in the treatment and care provided to Ms. Pfuhl. No other persons on behalf of Central Pennsylvania OB- GYN rendered care and treatment to the Plaintiffs and Dr. Jefferies and Kundu were at all pertinent times the physicians responsible for the relevant treatment and care. 8. The response to paragraph 7 above is incorporated herein by reference. By way of further answer, it is specifically denied that nurses or administrative staff undertook to render or rendered medical care and treatment to the Plaintiffs. FACTUAL BACKGROUND 9. Denied pursuant to Rule 1029(e). 10. Admitted. 11. Denied pursuant to Rule 1029(e). By way offurther answer, the content of the relevant medical records are incorporated herein by reference. The treatment given is reflected in those records. 12. Denied as stated pursuant to Rule 1029(e). The contents of the relevant medical records are incorporated herein by reference. 11 is admitted that on September 14, 2001, Ms. 3 Pfuhl was examined by Dr. Jefferies and that Dr. Jefferies diagnosed, among other things, a probable urinary tract infection and prescribed Macrobid. 13. It is specifically denied that during the office visit on September 14, 2001, Ms. Pfuhl informed Dr. Jefferies that she intended to travel to Johnstown, Pennsylvania for the weekend and it is further specifically denied that Ms. Pfuhl asked Dr. Jefferies whether there were any problems or concerns associated with travel to Johnstown or travel to any other destination beyond the local area. To the contrary, Ms. Pfuhl never informed Dr. Jefferies of any plan to travel to Johnstown, Pennsylvania or any other location beyond the local area. 14. The response to paragraph 13 above is incorporated herein by reference. By way of further answer, it is specifically denied that Dr. Jefferies at any time, including on September 14, 2001, approved any plan by Ms. Pfuhl to travel to Johnstown, Pennsylvania. By way of further answer, the relevant medical records are incorporated herein by reference. It is admitted that, as reflected in those records, Dr. Jefferies on September 14, 2001, scheduled an ultrasound. 15. Denied pursuant to Rule 1029(e). 16. Denied pursuant to Rule 1 029( e). 17. Denied pursuant to Rule 1029(e). 18. Denied pursuant to Rule 1029(e). 19. Denied pursuant to Rule 1029(e). 20. Denied pursuant to Rule I 029( e). 21. The averments of paragraph 2 I constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the averments are denied pursuant 4 ----- to Rule 1029(e). By way of further answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable care and met all applicable standards of care under the circumstances then and there prevailing. 22. The averments of paragraph 22 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way offurther answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable care and met all applicable standards of care under the circumstances then and there prevailing. 23. The averments of paragraph 23 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable care and met all applicable standards of care under the circumstances then and there prevailing. 5 24. The averments of paragraph 24 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Rule 1 029( e). By way of further answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable care and met all applicable standards of care under the circumstances then and there prevailing. 25. The averments of paragraph 25 constitute conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Rule 1029(e). By way of further answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable care and met all applicable standards of care under the circumstances then and there prevailing. 26. The averments of paragraph 26 constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the averments are denied pursuant to Rule 1 029( e). By way of further answer, it is specifically denied that the Defendants at any time acted in a manner that can be appropriately characterized as "tortious conduct" and all allegations of any liability producing conduct on the part of all Defendants are specifically denied. To the contrary, the Defendants at all times acted with reasonable 6 . care and met all applicable standards of care under the circumstances then and there prevailing. By way of further answer, it is specifically denied that there is more than one Plaintiff in this action and that anybody other than Taylor Maher, the minor, is entitled to recover any damages in the event that there is a determination of liability on the part of any Defendants, which is specifically denied as set forth above. To the contrary, given the date upon which this lawsuit was commenced, all claims on behalf of anyone other than Taylor Maher expired pursuant to the applicable statute of limitations. COUNT I 27. The responses to paragraph 1 through 26 above are incorporated herein by reference. 28. The averments of paragraph 28 and each of its subparagraphs constitutes conclusions of law to which no response is required. To the extent a response is deemed required, each and every allegation is denied pursuant to Rule 1 029( e) and is further specifically denied and it is averred, to the contrary, that Drs. Jefferies and Kundu and all others acting on behalf of Central Pa. Ob-Gyn at all times acted in accord with the applicable standards of care under the circumstances then and there prevailing. By way of further answer, all allegations of a failure to meet the applicable standard of care or of any liability producing conduct on the part of any Defendant are specifically denied. It is further specifically denied that the Defendants: (a) failed to perform an adequate physical examination on Jessica Pfuhl on September] 4, 200] when she presented with complaillts of pinkish vaginal discharge and suprapubic pressure; 7 (b) failed to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failed to rule out the diagnosis of pre term labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure. (d) failed to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failed to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; and (f) failed to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against the Plaintiff, with prejudice, together with all other relief as is deemed just. COUNT II 29. The responses to paragraphs I through 28 above are incorporated herein by reference. 30. The averments of paragraph 30 and each of its subparagraphs constitutes conclusions of law to which no response is required. To the extent a response is deemed required, each and every allegation is specifically denied and it is averred, to the contrary, that Drs. Jefferies and Kundu and all others acting on behalf of Central Pa. Ob-Gyn at all times acted in accord with the applicable standards of care under the circumstances then and there prevailing. By way of further answer, all allegations of a failure to meet the 8 applicable standard of care or of any liability producing conduct on the part of any Defendant are specifically denied. It is further specifically denied that the Defendants: (a) failed to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failed to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failed to rule out the diagnosis of preterm labor on September 14, 200 I when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure. (d) failed to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failed to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; and (I) failed to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, Defendants respectfully request that this Court enter judgment in their favor and against the Plaintiff, with prejudice, together with all other relief as is deemed just. 9 NEW MATTER 31. At no time relevant to the events referred to in Plaintiffs' complaint were the Defendants, their agents, servants, employees or otherwise acting on or in behalf of any other natural person, partnership, corporation or other legal entity. 32. At all times relevant to the events referred to in Plaintiffs' complaint, the Defendants complied with the applicable standard of care. 33. The Defendants are entitled to relief and contribution in accord with the Pennsylvania Comparative Negligence Act, 42 P.S. S 7102, as amended by Senate Bill 1089, effective August 14, 2002. 34. In the event that it is determined that the Defendants were negligent with regard to any of the allegations contained in Plaintiffs' complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than the Defendants and over whom the Defendants had no control, right, or right to control and the Defendants therefore are not liable. 35. Any acts or omissions of the Defendants alleged to constitute negligence were not substantial causes, factual causes, or factors contributing to the injuries and damages alleged in Plaintiffs' complaint. 36. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of the Defendants but rather were caused by pre-existing medical conditions and/or causes beyond the control of the Defendant and the Plaintiffs therefore may not recover against the Defendants. 10 ---- 37. Plaintiffs claims are limited and barred by the provisions of the Medical Care Availability and Reduction of Errors (MCARE) Act, 40 P.S. S 1303.101. 38. The damages alleged by the Plaintiffs did not result from acts or omissions of the Defendants, their agents, servants or employees, but rather resulted from acts or omissions of persons and/or entities over whom the Defendants had no right of control. 39. Plaintiffs claims, the existence of which are specifically denied by the Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accord with Pennsylvania Statutes and the opinion of the Pennsylvania Supreme Court in Moorehead v. Crozer Chester Medical Center. 40. The Defendants demand trial by jury on all issues. 41. Plaintiffs earlier instituted a lawsuit docketed in this Court to No. 05-670. 42. The complaint in the earlier case is identical to the complaint in this case. 43. A judgment of non pros was entered in the first action, docket no. 05-670, for failure to timely file the required Certificates of Merit. 44. The Certificates of Merit attached to the complaint in this action, docketed to no. 05- 1964, list the incorrect docket number in the caption. II WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiffs, including interest, costs, and fees, and other relief deemed appropriate by this Court. Respectfully submitted, MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN BY: , ESQUIRE Attorney J.D. No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PAl 7 I 12 (717) 65 I -3515 Attorneys for Defendants, George E. Jefferies, MD., Sambhu N. Kundu, MD., Central Pennsylvania Obstetrics-Gynecology, Inc. 12 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. Defendants VERIFICATION I, Sambhu N. Kundu, M.D., a defendant in the above matter, verifies that the facts set forth in Answer of Defendants, George E. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. to Plaintiffs' Complaint with New Matter are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: ?fu'X-j I!. y-) C>05. . A - Q /" /:'J~~~1..., _) SAMBHU N. KUNDU, MD. - TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, MD, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. Defendants VERIFICATION I, Sambhu N. Kundu, M.D., an authorized representative for Central Pennsylvania Obstetrics-Gynecology, a defendant in the above matter, verifies that the facts set forth in Answer of Defendants, George E. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics- Gynecology, Inc. to Plaintiffs' Complaint with New Matter are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: "-A _ lJU) - r' U'UI ~ T"; .?'~J 4~&A-~3~lJ SAMBHU N. KUNDU, M.D. T AYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants VERIFICATION I, George E. Jefferies, M.D, a defendant in the above matter, verifies that the facts set forth in Answer of Defendants, George E. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. to Plaintiffs' Complaint with New Matter are true to the best of my knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE:r;/2<!! (JS G~~~.~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 T AYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, hef parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 05-1964 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by fegular mail. Wayne R. Spivey, Esquife Shrager, Spivey & Sachs 32nd Floof, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 DATE:~ dLf(11JDS MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN Bye MICHAEL D. PIPA, UIRE Attorneysfor Defendants. George E. Jefferies, MD., Sambhu N. Kundu, MD., Central Pennsylvania Obstetrics-Gynecology, Inc. I -, , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PLAINTIFFS' MOTION TO WITHDRAW MOTION TO COMPEL DEPOSITION OF KUNDU N. SAMBHU. M.D. COUNSEL FOR FILING PARTY: WAYNE R. SPIVEY, ESQUIRE Shrager, Spivey & Sachs Two Commerce Square 320d Floor 2001 Market Street Philadelphia, PA 19103 (215)568-7771 Attorney for Plaintiffs .~ Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 310 I 7 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. : FILING COUNSEL: : WAYNE R. SPIVEY, : ATTORNEY FOR PLAINTIFFS Defendants. PLAINTIFFS' MOTION TO WITHDRAW MOTION TO COMPEL DEPOSITION OF DEFENDANT. KUNDU N. SAMBHU. M.D. I. This medical negligence action, filed on April 22, 2005, relates to failure to diagnose and treat plaintiff, Jessica Pfuhl's acknowledged high-risk pregnancy, resulting in injuries to minor plaintiff, Taylor Maher, which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth. . 2. Plaintiffs filed a Motion to Compel Deposition of Defendant Kundu N. Sambhu, M.D. on May 19, 2005. See plaintiffs' Motion to Compel attached hereto as Exhibit "A". 3. The Honorable Kevin A. Hess Ordered on May 24, 2005 a rule ordering the defendant to show cause why the relief requested in the motion to compel ought not to be granted. See Order attached hereto as Exhibit "B". 4. On May 24,2005, it was agreed between both parties' counsel that plaintiffs' counsel would withdraw its motion to compel the deposition of Kundu N. Sambhu, MD. and defense counsel would supply a new deposition date for Dr. Sambhu within the next sixty (60) days. See correspondence attached hereto as Exhibit "C". WHEREFORE, plaintiffs request this Honorable Court to enter an Order withdrawing Plaintiffs' Motion to Compel Deposition of Defendant, Kundu N. Sambhu, M.D. Shrager, SPi~ChS /l . L ( BY: 'Vy. ~ WAYNE fSPNEY Attorneys for Plaintiffs ~ . CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of June, 2005, a true and correct copy of Plaintiffs' Motion to Withdraw Motion to Compel Deposition ofKundu N. Sambhu, M.D. was served via U.S. Mail upon the following: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crurns Mill Road, Suite B Harrisburg, PAl 7112 By: rwr/C.~ Wayne R. Spivey Attorneys for Plaintiff --- --- 'xh,\J A - - ~ r .. o. COpy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 (-~ .......) ",",::1 - ~;l ,c,,'l TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05- I 964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. MOTION TO COMPEL DEPOSITION OF KUNDU N. SAMBHU. M.D. COUNSEL FOR FILING PARTY: WAYNE R. SPIVEY, ESQUIRE Shrager, Spivey & Sachs Two Commerce Square 32"d Floor 2001 Market Street Philadelphia, PA 19103 (215)568-7771 Attorney for Plaintiffs C) .';'n .... ::t: in \..0 ,'"1 .....) r. 1"~ .. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. ORDER AND NOW, this day of ,2005, upon consideration of Plaintiffs' Motion to Compel the Deposition of Defendant, Kundu N. Sambhu, M.D., it is hereby ORDERED and DECREED that defendant, Kundu N. Sambhu, M.D. appear for deposition within thirty (30) days of the date of this Order or suffer sanctions to be determined upon application to the Court. BY THE COURT: J. .. -. Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 T AYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY,INC. : FILING COUNSEL: : WAYNE R. SPIVEY, : ATTORNEY FOR PLAINTIFFS Defendants. PLAINTIFFS' MOTION TO COMPEL DEPOSITION OF DEFENDANT. KUNDU N. SAMBHU. M.D. 1. This medical negligence action, filed on April 22, 2005, relates to failure to diagnose and treat plaintiff, Jessica Pfuhl's acknowledged high-risk pregnancy, resulting in injuries to minor plaintiff, Taylor Maher, which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth. See plaintiffs' Complaint attached hereto as Exhibit "A". .. . 2. Plaintiff has been attempting to obtain the deposition of defendant, Dr. Sambhu, but has met with no success. 3. On May 13, 2005, plaintiffs counsel forwarded a Notice of Deposit ion to Dr. Sambhu scheduling his deposition for June 10,2005. See attached Deposition Notice dated May 13, 2005 and attached as Exhibit "B". 4. On May 17,2005, plaintiffs' counsel received correspondence from Michael Pipa, Esquire, cancelling this deposition due to his unavailability and the unavailability of Dr. Sambhu. See correspondence dated May 17,2005 and attached as Exhibit "C". 5. On May 17,2005, plaintiffs counsel phoned Mr. Pipa's office requesting available dates for the deposition of Dr. Sambhu. Mr. Pipa's office refused to provide dates and indicated Dr. Sambhu would not be appearing for deposition. 6. Plaintiffs cannot proceed further with the preparation of their case for trial until the deposition of Dr. Sambhu is taken and completed. WHEREFORE, plaintiffs request this Honorable Court to enter an Order requiring that defendant, Dr. Sambhu, appear for deposition within thirty (30) days of the date of this Court's Order, or suffer sanctions upon further application to the Court. Shrager, Spivey & Sachs WAYNE Attorneys /t. BY: .. . . CERTIFICATE OF SERVICE I hereby certify that on this 18th day of May, 2005, a true and correct copy of Plaintiffs' Motion to Compel Deposition of Kundu N. Sambhu, M.D. was served via U.S. Mail upon the following: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Kundu N. Sambhu, M.D. 890 Poplar Church Road Camp Hill, PA 17011 By: M~'~~l~ Wayne R. Spivey ----- ~\b~B ,....- - --- ,. COpy TAYLOR MAHER, a minor, by And through JESSICA PFUHL and JEREMY MAHER, her parents and Natural guardians, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW vs. NO. 05-1964 CIVIL GEORGE E. JEFFERIES, M.D., And KUNDU N. SAMBHU, M.D., And CENTRAL PENNSYL VANIA : OBSTETRICS-GYNECOLOGY, INC., Defendants IN RE: MOTION TO COMPEL DEPOSITION ORDER AND NOW, this Z. y. day of May, 2005, a rule is issued on the defendant Kundu N. Sambhu, M.D., to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, TRUE COFY FROM Plt:CCfm In TKtlmooy wIler&Jf, I hi;,:; iJiJW WII1'lY i!.aM ~.nd ItIS.i:!f!I,l (it ~ (;Yam ..2. (;;;.:/k.:.lil, fia. ThISTjt;;_JJill' &l~__ J()o5' . '" {/ ~,~~~ PrO~tJGilclitar'l I. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. ------------------------------------------------------------------ ORDER AND NOW, this day of , 2005, upon consideration of Plaintiffs' Motion to Compel the Deposition of Defendant, Kundu N. Sambhu, MD., it is hereby ORDERED and DECREED that defendant, Kundu N. Sambhu, M.D. appear for deposition within thirty (30) days of the date of this Order or suffer sanctions to be determined upon ~application to-the-Court. -- BY THE COURT: J. - " : . r;~,bJ c. ~ EXHIBIT C . . .. I DAVID S. SHRAGER WAYNE R. SPIVEY 'ROBERT L. SACHS, JR. tV. PAUL BUCCI. n Of Couse I: "VICTORIA J. KOURY Shrager Spivey Sachs TWO COMMERCE SQUARE 32nd FLOOR 2001 MARKET STREET PIDLADELPHIA. PA 19103 (215) 568.7771 FAX (215) 568-7495 website: www.shrager1aw.com general mailbox: info@shragerlaw.com *also member New Jersey Bar fa/so member West Virginia Bar oalso member Colorado Bar ATTORNEYS AT lAW May 24, 2005 via facsimile Michael D. Pipa, Esquire MARSHALL DENNEHEY, ET AL. 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 Re: Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians v. George E. Jefferies, M.D., et al. Dear Mr. Pipa: This letter will confirm your telephone conversation yesterday with Mr. Spivey as follows. 1. This office withdraws its notice of corporate designee deposition; and 2. This office will withdraw the notices of deposition of Dr. Jefferies and Dr. Sambhu provided your office supply us with dates within the next sixty (60) days for these depositions. Kindly have your assistant contact me upon receipt of this letter to arrange scheduling convenient dates for the depositions of Drs. Jefferies and Sambhu. Thank you for your cooperation in this matter. Very truly yours, J;'~1~ g,L~ J' Maggie Dressel, Legal Assistant to WAYNE R. SPNEY Imd --- ~47 '" (') c:: '?'. 6;F;\ 7;: t~, (, ~ '~"~ -". ," ~;"'l._) i~('") JI:'.\ ~-) 5,c: -y 2 .-' """ c" "-" '- c::: :x:- l <..:> ~ ~"" it' r: -"Ji""T", :)0<::;' C\c) :r-. :7;' C)-) '":-.p(} t') fl' .--1. Y: ~ ~ '2 x:.- C) Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : Cumberland County : Court of Common Pleas Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANTS GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D. AND PENNSYL VANIA OBSTETRICS-GYNECOLOGY. INC. Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby respond to the New Matter of Defendants, as follows: 3 I -44. Each ofthe averments set forth in these paragraphs constitute conclusions ofIaw, to which no response is required. By way of further response, to the extent any such averments are deemed to constitute factual allegations, same are denied and strict proofthereof, to the extent relevant, is demanded at the time of trial. WHEREFORE, Plaintiffs demand damages of the defendants in a sum in excess ofPifty Thousand Dollars ($50,000.00), plus interests, costs of suit, and damages for delay. Shrager, SP)U1aCh/l . 4.- By: YVy. wa~. Spivey Attorney for Plaintiffs , Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : Cumberland County : Court of Common Pleas Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. CERTIFICATE OF SERVICE I hereby certify that on this 31" day of May, 2005, a true and correct copy of Plaintiffs' Answer to New Matter of Defendants George E. Jefferies, MD., Sambhu N. Kundu, MD. and Pennsylvania Obstetrics-Gynecology, Inc. was served via United States fltst-class mail, postage pre-paid from Philadelphia to the following persons: Attornev for All Defendants Michael D. Pipa, Esquire MARSHALL DENNEHEY, ET AL. 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Shrager, Spivey & Sachs v1WJ/I /l · 4-. By: ~ ) Way(/R. Spivey, Esquire Attorney for Plaintiffs ("'. :--.,;:. :..:;.~ <:".:1 (..J ," ---1 -j'::: ill i. .-, c:; W -.J '"'':'' y RECEIVED JUN 06 20M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA T AYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. ORDER 10" dayof~.. . Plaintiffs' Motion to Withdraw Motion to Compel the Deposition of Defendant, Kundu N. AND NOW, this ,2005, upon consideration of Sambhu, M.D., it is hereby ORDERED and DECREED that said Motion to Withdraw is GRANTED. BY THE COURT: ~ ~cP t};\ J. \/l1\N/\lAS~Jr,':l~ lllr'I"""..~.....r-\' r"'..'~.;.'.'I' .":::.-.",",'!""" I\..L~! ;(,.1,) ) , ,~c ;<::~'.~rl'll~ IV Z I : ~ Wd 0 I Nor SOUl AtJV10NOH.LOtld 3Hl :iO 38l:U(}{J3ll.:l MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants No. 05-1964 Civil Term STIPULATION OF COUNSEL TO AMEND CAPTION AND NOW, come the parties, through their counsel who certify that they authorized to act on behalf ofthe parties, and stipulate to amend the caption, as follows: L This case arises out of a course of treatment and care received by Jessica Pfuhl at the offices of Central Pennsylvania Obstetrics-Gynecology, 1m:. 2. In the caption of the Complaint, PlaimiffS name as Defend2mt an individual listed as Kundu N. Sambhu, M.D. 3. No physician by that name ever treated Ms. Pfuhl or worked for Central Pa. Ob-Gyn; the name of this physician is stated improperly by the transposition of his first and last names. 4. The proper name of the physician is Sambhu N. Kundu, M.D., and Dr. Kundu has filed an answer with new matter responding to the Plaintiff's claims. 5. Under the circumstances, the parties agree to an amendment to change the name Kundu N. Sambhu, M.D. to the proper and appropriate name, Sambhu N. Kundu, M.D. IN /l /~ . Wa R. Spivey, Esquir Atto I ey for Plaintiffs / On/4)- ~ ~ n:':--- '9, ""5 Attorneys for Defendants 2 TAYLOR MAHER, a minor, by and through, JESSICA PFOHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 05-1964 Civil Term CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 200] Market Street Philadelphia, PA ]9103 DATE: J~ 7, 100.5 MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN ~~ BY: . CHAEL D. Pll' A, Attorneys for Defendants, George E. Jefferies. MD., Sambhu N Kundu, MD., Central Pennsylvania Obstetrics-Gynecology. Inc. 0 ~ 0 <:; c.:-~ -,.\ '--" -' 7~ ( 2'. ~p ~ ,-' --or!] <~ - ~:l.Jo tr> :;:" ??c-) ;::; \ i~~:~ './ '. 7 - ~':~ ~-'. -" (S,,, Y' s:-i- q ~\ '}:>- :::3 <f\ :~ -- v' - l\ $RECEIVED JUL 152005 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INe. Defendants No. 05-1964 Civil Term ORDER AND NOW, this It. day of 1"'l ,2005, upon consideration of the attached Stipulation of Counsel to Amend Caption, it is hereby ORDERED that the caption in this case should be amended to change the name Kundu N. Sambhu, M.D. to the proper and appropriate name, Sambhu N. Kundu, M.D. The Prothonotary is hereby din:cted to amend the case caption accordingly. /1;1 D~ibution: JNayne Spivey, Esquire ~chael D. Pipa, Esquire { ", ~'\l c\- t.'.,(', \ \J\\'~,\-.Ji\ ,\.-::J\',. ,,:JU J t' . ,._" ,. ,'-' ,:__,.~'-"J,l/""'r'\ ) \.t\\([.Y~:' " ','", ,,:,',:;'i;l Iv ,v._\'" \. oS '.t, ~~d ~ \ ""r\l\ ~~I\'1. },'tN10;{O\ U!JC,:i j~l. -jo 'J""l.qC\-Q:I\\:\ _lVI_oJ' .' MARSHALL, DENNEHEY, W AHNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crurns Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3500 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants No. 05-1964 Civil Term STIPULATION OF COUNSEL TO AMEND CAPTION AND NOW, come the parties, through their counsel who certify that they authorized to act on behalf of the parties, and stipulate to amend the caption, as follows: I. This case arises out of a course of treatment and care received by Jessica Pfuhl at the offices of Central Pennsylvania Obstetrics-Gynecology, Inc. 2. In the caption of the Complaint, Plaimiffs name as Defendant an individual listed as Kundu N. Sambhu, M.D. 3. No physician by that name ever treated Ms. Pfuhl or worked for Central Pa. Ob-Gyn; the name ofthis physician is stated improperly by the transposition of his first and last names. 4. The proper name of the physician is Sambhu N. Kundu, M.D., and Dr. Kundu has filed an answer with new matter responding to the Plaintiffs c:laims. 5. Under the circumstances, the parties agree to an amendment to change the name Kundu N. Sambhu, M.D. to the proper and appropriate name, Sambhu N. Kundu, M.D. --- Wa . R. Spivey, Esquir Alto I ey for Plaintiffs / lIn/"- ~ ~ea 'J~ )9, ')..CoS Date Michael D. Pipa, Esqui Attorneys for Defendants 2 T AYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 05-1964 Civil Term CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matteT this date by regular mail. Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 DATE: J~ 7. 100.5 ~HALL,DENNEHEY,WARNER COLEMAN AND GOGGIN BY:~PIPA' IRE Attorneys for Defendants, George E. Jef}eries, MD., Sambhu N Kundu, MD., Central Pennsylvania Obstetrics-Gynecology, Inc. ~~ r-> = = <.J" t..-. c: ,-- .r:- ':P- =>: C?- t." (.;1 o ~l"1 ...., X-rl n'p -a~ ~~'i) :,:.:'~() :r:::H ~':; (~) ()'" -" ';<> :8 -, TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoena has been made or received and counsel for the plaintiff has agreed to waive the twenty day notice, 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. By: MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 111~ Michael D. Pipa, squ Sup.Ct 1.0.#53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants DATED: \~ /a-er/OS ., TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVil DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ fHIPAA) Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. intend to serve the subpoenas identical to the ones that are attached to this notice. For the purpose of obtaining medical records on the plaintiff. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. DATED: (,(,510S MARSHALL,DENNEHEY,WARNER COLEMAN & GOGGIN B~~ Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ConemauQh Valley Medical Center. Medical Records Department. 1086 Franklin Street. Johnstown, PA 15905 Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or thing: All hospital records, inpatient or outpatient records, films, documents. correspondence and any other information contained in the patient chart for Taylor Maher. DOB: 9/15/01 and Social Security No.: at: Marshall. Dennehev. Warner. Coleman & Gooain. 4200 Crums Mill Road. Ste. B. Harr/sbure. PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael D. Pipa. Esquire Address Marshall. Dennehey, Warner, Coleman & GOQQin 4200 Crums Mill Road HarrisburQ. PA 17112 Telephone: (717\231-3500 Supreme Court 10# 15907 ATTORNEY FOR: Defendants DATE: '- L, ",)f'_ dOL ~ BY THE COURT: Seal of the Court ~ (PZ:2~~~~ TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ConemauQh Vallev Medical Center. Medical Records Department. 1086 Franklin Street. Johnstown. PA 15905 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: All hospital records. inpatient or outpatient records. films. documents. correspondence and any other information contained in the patient chart forJessica Pfhul, 008: 5/19/82 and Social Security No.: 170-68-9016 al: Marshall. Dennehev. Warner. Coleman & Goaain. 4200 Crums Mill Road. Ste. B. Harrisbura. PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael D. Pioa. Esquire Address Marshall. Dennehev. Warner. Coleman & GOQQin 4200 Crums Mill Road HarrisburQ. PA 17112 Telephone: (717)231-3500 Supreme Court 10# 15907 ATTORNEY FOR: Defendants DATE0u.)E- ...26 ;J~ I BY THE COURT: Seal of the Court '. TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center. Medical Records Department. P.O. Box 850. Hershey. PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: All medical records. films. documents. correspondence and any other information contained in the patient chart for Taylor Maher, DOB: 9/15/01 and Social Security No.: at: Marshall. Dennehev. Warner. Coleman & Goaain. 4200 Crums Mill Road. Ste. B. Harrisbura. PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael D. Pipa. Esquire Address Marshall. Dennehey. Warner. Coleman & GOQQin 4200 Crums Mill Road HarrisburQ. PA 17112 Telephone: (717)231-3500 Supreme Court ID# 15907 ATTORNEY FOR: Defendant DATE: 011A)~ BY THE COURT: ;Jt') .2cx>S , Seal of the Court (ProthonotarytQlefk, iV~SiO~1 I -~~[!. 0uaJ1~ . '. TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Spirit Hospital. 503 North 21st Street. Camp Hill, PA 17011-2288 Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or thing: All hospital records. inpatient and outpatient records. films. documents. correspondence and anv other information contained in the patient chart for Jessica Pfhul. DOB: 5/19/82 and Social Security No.: 170-68-9016 at: Marshall. Dennehev. Warner. Coleman & GooQin. 4200 Crums Mill Road. Ste. B. Harrisbura PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael D. Pipa. Esquire Address Marshall. Dennehev, Warner, Coleman & Goooin 4200 Crums Mill Road Harrisbura. P A 17112 Telephone: (717}231-3500 Supreme Court 10# 15907 ATTORNEY FOR: Defendant DATE: ~ )/JA')P_ ,;)n ;J~ I BY THE COURT: Seal of the Court 1__ ," CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by facsimile and by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: ~l (1(0? BY -'cstdL- Kay E. Tipton, Paralegal for Michael D. Pipa, Esquire Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3500 Attorneys for Defendants 105_AILlAB\KET\LLPGI 188721\KET\01 012100136 CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing document upon the person(s) on the date and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN DATED: I Z/21 /cIS By: J ~aralegal for Michael D. Pipa, Esquire Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendant \05_ A\L1AB\KETlLLPGI 191439\KETl01 012\00136 ,-., c-' 2:~ -..! "J :;~-~ r;:" ;~~ --< ~.I': n<lj-:;:J (- ~.: J W , ,...,' -",i n :; .. TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs, v. GEORGE E. JEFFERIES, M.D, SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS-GYNECOLOGY, INC. Defendants. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1964 CIVIL TERM CML DMSION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoena with copy of the subpoena attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been made or received, and/or counsel for the plaintiff has agreed to waive the twenty day notice, 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. By: Dated: 1 \ ~'\ \ 010 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN ~.1r."". Q Do -Q~ Michael D. Pipa, Esquire Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3500 Attorneys for Defendants ~ , . TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, ,'. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ lHIPAAl Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. intend to serve the subpoena identical to the onethat is attached to this notice. For the purpose of obtaining medical records on the plaintiff. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. By: MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN ~. Michael D. Pipa, Esq' Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants DATED: II /~ {oto . . TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs CIVIL DIVISION v. ~ No. 05-1964 Civil Term GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOE~A TO PRODUCE DOCU!'E!'TS OR Tti!NG~ FOR DISCOVERY PU.RSUANT TO RULE 40~.22 TO: MEf'UAIllH'SRITPr:! FAI<UJ..Y PIHCTICi htn: Dr. Uniacke 122 S Filbert St. Mechanicsbur~ FA 170SS Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: All medical records. films. documents. correscondence and any other information contained in the catient chart for {;i~~la _ . DOB: ~ /1 9 LIl21nd Social Security No.: PO-68-9016 at: Marshall. Dennehev. Warner. Coleman & Goaoln. 4200 Crums Mill Road. Ste. B. Hamsburo. PA 17112 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoene, together with the certificate of compliance, to the party making this request at the addreasllsted above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall 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: Michael D. Pica. Esauire Address Marshall. Dennehev. Wamer. Coleman & Goaain 4200 CrumsMiII Road Harris~r:9; .,PA 17112 Telephone: '. .(117)231"3500 Supremiil, CQurflb# 15907... A TTORNEV FOR: ,Defendant , DATf~:,.J 11)~' " " ' "-", I . ./) ;):6JtJf> 5 ....5'- i,', ,::", BY THE COURT: c _,I Se~1 of the COl,lrt< " (Prothonotary!CleFl<, Ci' Ivisio~ ~e. 7vrll/kL ['t),arA-- , { I certify that I am this day serving a copy of the foregoing document upon the CERTIFICATE OF SERVICE persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by facsimile and by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: 11r2i()(; BY -J:tQ;;;;_ fu, Michael D. Pipa, Esquire Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants 105y1LIABIKETlLLPG11887211KETl01012\00136 . CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing document upon the person(s) on the date and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: ~V:>a~ Pamela L. Boger, aralegal to Michael D. Pipa, Esquire Sup. Ct. I.D. #53624 4200 Crums MilJ Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants DATED: '1 \ ~'\\ u'"" 1"..' C:'--'" .-, f-;~ ='~, !"'...) ()] , ,'i ,>-:'1 ,I; TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INe. Defendants No. 05-1964 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the enter the appearance of the undersigned on behalf of Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc. in the above captioned case. DATE: rt40b BY: MICHAEL D. PIPA, ES !.D. NO. 53624 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY; Kindly enter the appearance of the undersigned on behalf ofthe Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc. in the above captioned case. Respectfully Submitted, MARS COLE DATE: 08- /'15' Ok BY: CRAIG. J.D. NO.1 90 4200 Crums II Harrisburg, P A (717)651-3502 Q c:: -.p <". -oc;; n;l r~-' Z.'':~:' Z' (j.~ 0'_ -"".,,:>': r2l~ "~:c ~(_.-i YC:. ~ ~ \? ~ G'> r,) r-:> Q. ~::tl :B~ ~.::~C) ..:'.:~1 or; f5'rii "" ~ ~ .- - o -' . Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : Cumberland County : Court of Common Pleas Plaintiffs : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDUN. SAMBHU,M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PLAINTIFFS' OBJECTION TO DEFENDANTS' SUBPOENA TO HAMPTON POLICE DEPARTMENT PURSUANT TO RULE 4009.21 Plaintiff objects to Defendant's subpoena on Hampton Police Department on the grounds of Pennsylvania Rule of Civil Procedure 4009.21. Plaintiff obj ects to the proposed subpoena that is attached to these objections in that it is unduly burdensome, harassing and beyond the scope of discovery. SHRAGER, SPIVEY & SACHS Steven L. Chung, s Date: October 13, 2006 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND T A YOR MAHER, A MINOR, BY AND THROUGH, File No. 05-1964 vs. GEORGE JEFFERIES, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HAMPTON POLICE DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS GrollP. 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: ADDRESS: CRAIG STONE. ESO. 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: SJ-p:i:: ~ 0 I ~Cb {" Deputy Seal of the Court 35570-03 ~ Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. CERTIFICATE OF SERVICE I hereby certify that on this 13th day of October, 2006, a true and correct copy of Plaintiffs' Objection to Defendants' Subpoena to Hampton Police Department Pursuant to Rule 4009.21 was served via United States first-class mail, postage pre-paid from Philadelphia to the following persons: Craig Stone, Esquire Michael McGuckin, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 Shrager, Spivey.'" Sachs By: o (......:; r-) -Ti --I --r- 01 -; C...71 Ce\J (j. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ~, ~lGINAL~ IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL TERM, CUMBERLAND -VS- CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KONDU,M.D. & CENTRAL PA OB/GYN,INC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CRAIG STONE, 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: 10/23/2006 on beh~f of . ~ Yhh C I ON, E Q. / ~-/ Attorney for DEFENDANT Rl. 20 133-H DEll-0652711 35570-LOl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFOHL, JEREMY MAHER, ET AL -VS- TERM, CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INST. OF PA WILLOW MILLS HEALTH CENTER MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING CENTRAL PA REHAB CIRCUIT CITY EMPLOYMENT EMPLOYMENT TO: WAYNE R. SPIVEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CRAIG STONE, 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: 10/02/2006 MCS on behalf of CRAIG STONE, ESQ. Attorney for DEFENDANT CC: CRAIG STONE, ESQ. - 01012-00136 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0343386 35570-COl COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF CUMBERLAND T A YOR MAHER, A MINOR, BY AND THROUGH, File No. 05-1964 vs. GEORGE JEFFERIES. M.D.. ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INST. OF P A (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 Grolij). Inc.. 1601 Market Street Suite 800 Philadelphia P A 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: CRAIG STONE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Prot ISlOn Date: 9~ JI), ;)/Jd, Deputy Seal of the Court 35570-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INST. OF PA 3399 TRINDLE ROAD CAMP HILL. PA 17011 RE: 35570 JESSICA A. PFUHL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing 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, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : JESSICA A. PFOHL , PA Social Security #: XXX-XX-90l6 Date of Birth: 05-19-1982 Rl.16S 133-H SU10-0646768 35570-LOl CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGllvAL ~. IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL TERM, CUMBERLAND -VS- CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CRAIG STONE, 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: 10/23/2006 MCS on behalf of IN n,_ - ,Y lJ..::. /J f.: c~o~s~) 4>ZJ Attorney for DEFENDANT Rl. 20 133-H DEll-0652712 35570-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL -VS- TERM, CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INST. OF PA WILLOW MILLS HEALTH CENTER MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING CENTRAL PA REHAB CIRCUIT CITY EMPLOYMENT EMPLOYMENT TO: WAYNE R. SPIVEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CRAIG STONE, 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: 10/02/2006 MCS on behalf of CRAIG STONE, ESQ. Attorney for DEFENDANT CC: CRAIG STONE, ESQ. - 01012-00136 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16S 133-H DE02-0343386 35570-COl I . COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND TA YOR MAHER, A MINOR, BY AND THROUGH, File No. 05-1964 vs. GEORGE JEFFERIES, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WILLOW MILLS HEALTH CENTER (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 Grolij) IDe.. 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: CRAIG STONE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: S1pt ~ ;;tOt!jb , Deputy Seal of the Court 35570-02 EXPLANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLOW MILLS HEALTH CENTER 890 POPLAR ROAD SU ITE 506 EAST PENNSBORO. PA 17011 RE: 35570 JESSICA A. PFUHL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical and billing 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, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject : JESSICA A. PFUHL , PA Social Security #: XXX-XX-9016 Date of Birth: 05-19-1982 Rl.16S 133-H SU10-0646770 35570-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 O "',r. fA ! A ~.f I--J , .. t ' . , .. J;ilJij \.~ .~, IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL TERM, CUMBERLAND -VS- CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CRAIG STONE, 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: 10/23/2006 MCS on behalf of ~ )sf ~ I ;11",. A ~ C IG S N~~/ Attorney for DEFENDANT Rl. 20 133-H DEll-0652714 35570-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFOHL, JEREMY MAHER, ET AL -VS- TERM, CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INST. OF PA WILLOW MILLS HEALTH CENTER MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING CENTRAL PA REHAB CIRCUIT CITY EMPLOYMENT EMPLOYMENT TO: WAYNE R. SPIVEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CRAIG STONE, 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: 10/02/2006 MCS on behalf of CRAIG STONE, ESQ. Attorney for DEFENDANT CC: CRAIG STONE, ESQ. - 01012-00136 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16S 133-H DE02-0343386 35570-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TA YOR MAHER, A MINOR, BY AND THROUGH, File No. 05-1964 vs. GEORGE JEFFERIES, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CENTRAL P A REHAB (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Ine.. ]60] Market Street Suite 800 Philadelphia PA ]9]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CRAIG STONE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Date: S1p:f- ~O / ~}b Deputy Seal of the Court 35570-04 EXPLANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA REHAB 805 SIR THOMAS CT. HARRISBURG. PA 17109 RE: 35570 JESSICA A. PFUHL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. 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 : JESSICA A. PFUHL , PA Social Security #: XXX-XX-90l6 Date of Birth: 05-19-1982 Rl.16S 133-H SU10-0646774 35570 - L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 !~ "'!r"t '~. ~ i' '...... ',..... ( ... ~'. .' '.' if ul i' IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL TERM, CUMBERLAND -VS- CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU, M.D. & CENTRAL PA OB/GYN,INC As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CRAIG STONE, 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: 10/23/2006 /yM~ on ~eh~ le~ C~NE, ESQ. Attorney for DEFENDANT R1.20 133-H DEll-0652715 35570-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS TAYOR MAHER, A MINOR, BY AND THROUGH, JESSICA PFUHL, JEREMY MAHER, ET AL -VS- TERM, CASE NO: 05-1964 GEORGE JEFFERIES, M.D. SAMBHU KUNDU,M.D. & CENTRAL PA OB/GYN,INC NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ORTHOPEDIC INST. OF PA WILLOW MILLS HEALTH CENTER MEDICAL RECORDS & BILLING MEDICAL RECORDS & BILLING CENTRAL PA REHAB CIRCUIT CITY EMPLOYMENT EMPLOYMENT TO: WAYNE R. SPIVEY, ESQ., PLAINTIFF COUNSEL MCS on behalf of CRAIG STONE, 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: 10/02/2006 MCS on behalf of CRAIG STONE, ESQ. Attorney for DEFENDANT CC: CRAIG STONE, ESQ. - 01012-00136 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Rl.16S 133-H DE02-0343386 35570-COl -' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TA YOR MAHER, A MINOR, BY AND THROUGH, File No. 05-1964 vs. GEORGE JEFFERIES, M.D., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CIRCUIT CITY (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 Ine 1601 Market Street Suite 800 Philadelphia FA 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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CRAIG STONE. ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG.PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant Deputy Date: 9~+- ,,In t J..otJb Seal of the Court 35570-05 .. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: C I RCU IT C ITV 2040 THALBRO STREET RICHMOND. VA 23230 RE: 35570 JESSICA A. PFUHL Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. 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 : JESSICA A. PFOHL , PA Social Security #: XXX-XX-9016 Date of Birth: 05-19-1982 R1.16S 133-H SU10-0646776 35570-L05 (") ~ 0 (::::~:.) c- c:;:::> 11 <7' 0 :.? \. ' ) ii'i f1 -',"~.. , "', 0 c:;n '" 1 , -) ;i V < --.. C) C) J 11 W --4 "1"> fA) eO en =< , , Shrager, Spivey & Sach~ By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, . Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above-referenced action without prejudice. SHRAGER, SPIVEY & SACHS BY: - . --~'... Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by an<ll through JESSICA PFUHL and JEREMY ?\lAHER, her parents and natural guardians, Plaintiffs : Cumberland County : Court of Common Pleas : No. 05-1964 vs. GEORGE E. JEFFERIES, M.D., and KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. CERTIFICATE OF SERVICE I hereby certify that on this 101lh day of November, 2006, a true and correct copy of Plaintiffs ' Praecipe to Dismiss without Prejudice was served via United States first-class mail, postage pre-paid from Philadelphia to the following persons: Michael McGuckin, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 By: r-.) r.::> t~~ -,:;~ t:'; 4'.~_ (..fl ;;;i; -\ -:C-n rn r: -(J \ \ ~ -:) "r ,- ~ ;...~ '.:~~. ~T:~ -:.~~~~ .~~ '~.,. ~'TJ ::< --:s ~ ...- .. ~- -