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HomeMy WebLinkAbout05-2668R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 l:acsimile• (7171 234 6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants DOCKET NO . WG05 -'Qj ac "-,( MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dial de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted pueda perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 a, Esquire Identification No. 66856 Dated: 5 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile: (7171234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff DOCKET NO MEDICAL MALPRACTICE ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED COMPLAINT Heather Miller is an adult individual and is a resident of New Cumberland, Cumberland County, Pennsylvania. Defendant Harry P. Meyers, DDS (hereinafter, Defendant Meyers) is a dentist licensed to practice dentistry in the Commonwealth of Pennsylvania and at all relevant times herein was engaged in the practice of oral surgery in Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant Central Pennsylvania Oral and Maxillofacial Surgeons, LLP (hereinafter, Defendant CPOMS) is a Limited Liability Partnership with offices and facilities in Mechanicsburg, Cumberland County, Pennsylvania and Harrisburg, Dauphin County, Pennsylvania. 4. At all relevant times herein Defendant Meyers, all dentists, surgeons, interns, residents, anesthesiologists, nurse anesthetist, medical support staff, and office staff were the agents, apparent agents, servants, and/or employees of the Defendant CPOMS and were acting within the course and scope of employment when providing professional medical services to Heather Miller. 5. Prior to October 30, 2003, Heather Miller was a healthy young woman, with no memory deficits or cognitive difficulties. 6. In October of 2003, Heather and her mother sought evaluation and treatment at Defendant CPOMS. 7. At the time of her initial presentation, Heather was approximately 4' 8" tall and weighed approximately 100 pounds. 8. Upon presentation, she provided the Defendants with an accurate and complete history. 9. After the initial evaluation, Heather was scheduled to have her wisdom teeth extracted under conscious sedation. 10. The risks, benefits and alternatives to conscious sedation were not discussed with Heather or her mother. 2 11. Heather Miller's procedure to remove her wisdom teeth was to be performed by Defendants on October 30, 2003. 12. Heather Miller was prescribed ten (10) mg of Valium, a Schedule IV Controlled substance, by the Defendants and was instructed to take it on the morning of the procedure. 13. Defendants knew or should have known that Valium was a central nervous system depressant (CNS depressant) and when used in conjunction with other CNS depressants, its effects can be enhanced. 14. When prescribed alone, the recommended dosage is 2 to 10 mg, for normal adult patients. 15. Heather Miller followed Defendants instructions and took the maximum dosage of Valium, 10 mg, on the morning of October 30, 2003. 16. Valium is a benzodiazepine, which by itself carries a risk of respiratory depression. 17. Heather Miller went to the appointment at Defendant CPOMS with her mother on the morning of October 30, 2003 for the aforementioned procedure. 18. Heather Miller arrived at the Defendants the morning of October 30, 2003 in good health. 19. Heather was taken to the procedure room where an IV was placed in her right hand, presumably for IV fluids and the administration of medication. 3 20, Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS administered 1 cc Fentanyl intravenously and 3.8mg Versed intravenously in an attempt to sedate the patient before the procedure. 21. Versed is a benzodiazepine with a strong central nervous system depressant effect. 22. Fentanyl is a synthetic opioid, which carries with it a significant risk of respiratory depression and chest wall rigidity. 23. It is believed and therefore averred that a crash cart, which contained a defibrillator, reversal drugs for the sedation, supplemental oxygen, age appropriate BVM equipment, etc, was not available in the event of an emergency. 24. It is believed and therefore averred that neither a pulse oximetry monitor nor an EKG were employed to monitor Heather's oxygen saturation levels and her heart rate. 25. It is believed and therefore averred that the Versed and the Fentanyl were administered all at once rather than titrating the medication over several minutes. 26. Immediately after the injection by Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS of 1 cc Fentanyl IV and 3.8mg Versed IV, Heather Miller became apneic and was unable to breath. 27. Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS, attempted unsuccessfully to orally intubate Heather Miller while she was still sitting in the trendelenburg position in the examination chair. 4 28. Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS attempted to perform a needle cricothyrotomy on Heather but again were unsuccessful. 29. At some point, 911 was called and the West Shore EMS Team was dispatched. 30. Upon arrival at the scene, it was clear that no airway had been established prior to their arrival. 31. The EMTs described the patient as unresponsive, flaccid, without respirations, peripheral pulses were absent. She was markedly cyanotic and mottled. Her pupils were dilated and non-reactive. 32. A thick bloody discharge was noted from the patient's mouth and in the hypopharynx. 33. Three puncture wounds were noted in the cricothyroid membrane. 34. Upon questioning by the EMT's, Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS admitted that no medications, such as Romazicon, Narcan or Naloxone, to reverse the sedation had been given to Heather. 35. Moreover, Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS did not properly maintain the IV in Heather's hand. 36. The IV aforementioned in 9 25 was not patent and had markedly infiltrated. 5 37. One minute after their arrival, the EMT's began their resuscitation efforts. 38. The patient was resuscitated, oxygenated and reversal drugs, including Romazicon and Narcan were administered. 39. Unfortunately, given the above described condition f the patient, Heather had bee deprived of oxygen for an extended period at the time EMS arrived at Defendant CPOMS. 40. After the administration of the reversal agents, the patient's respiratory rate and effort improved and she was transported to Holy Spirit Hospital's emergency room for further evaluation and treatment. 41. In direct contravention to the recommendations made by the manufacture of the drugs Versed, Fentanyl and Valium and/or a similar benzodiazepine/opioids, Defendant CPOMS failed to have available the appropriate monitoring, support and resuscitative equipment and personnel. 42. The Defendants knew or should have known that the use of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids has been associated with respiratory depression and respiratory arrest. 43. The Defendants knew or should have known that consistent monitoring and evaluation of the patient's pulmonary and cardiac status, including but not limited to vital signs, oxygenation, and cardiac function is vital to ensure patient safety and well- being. 6 44. The Defendants knew or should have know that without constant monitoring and evaluation of the patient's pulmonary and cardiac status, pulmonary and cardiac arrest can occur, with irreversible brain damage and death. 45. Moreover, the Defendants knew or should have known that immediate availability of oxygen, resuscitative drugs and equipment, age and size appropriate equipment for bag/valve/mask ventilation and intubations, and personal skilled in the maintenance of a patent airway must be available when using Versed, Fentanyl and Valium and/or a similar benzodiazepine/opioids. 46. The Defendants knew or should have know that Versed, Fentanyl and Valium combined produce a potent drug interaction that places patients at a high risk for hypoxemia and apnea. 47. Defendants knew or should have know that Versed and Fentanyl in combination or as single dosages, need to be administered via very slow intravenous titration to ensure a suitable level of sedation, without respiratory compromise. 48. Defendants did not titrate the Versed and Fentanyl, instead they injected it in one dose. 49. Defendants knew or should have know that the Federal Food and Drug Administration ("FDA") approved Versed to be used with an initial dose not to exceed 2.5mg in a normal healthy adult. 50. Defendants knew or should have know that Heather Miller was of very small stature necessitating a much smaller initial dosage of Versed according to the `Black Box Warning' label. 7 51. Defendants medicated Heather Miller with an initial dosage of 3.8mg of Versed, which violated the FDA approval for dosages of Versed. 52. Defendants knew or should have know that violating the FDA'Black Box Warning' can cause death and/or severe injuries. 53. Heather Millers brain injuries are the direct and proximate result of the negligence, gross negligence, reckless indifference and/or the willful and wanton conduct of the Defendants. 54. The procedure to remove Heather Miller's wisdom teeth were undertaken at Defendant CPOMS without having the immediate availability of oxygen, resuscitative drugs and equipment, or age and size appropriate equipment for bag/valve/mask ventilation and intubation and skilled personnel for monitoring and the maintenance of a patent airway and support of ventilation and without equipment for the continuous monitoring and detection of early signs of hypoventilation, hypoxia and early signs of airway obstruction and respiratory arrest. 55. Moreover, Defendant Meyers and/or agent, apparent agents, servants and/or employees of Defendant CPOMS were not properly trained and skilled in the performance of the aforementioned procedures when using sedatives such as Versed, Fentanyl and Valium. 56. The purpose for undertaking the performance of the aforementioned procedures with the use of Versed, Fentanyl and Valium and/or similar benzodiazepine/opioids in an unequipped office setting, with out the presence of an anesthesiologist, was to increase revenues. 8 57. Defendant CPOMS Officers, Partners, Administrators and Shareholders made the decision to undertake the use of Versed, Fentanyl and Valium and/or a similar benzodiazepine / opiods without due regard for the risk it posed to their patients. 58. The Defendants knew or should have known that the performance of the aforementioned procedures with the use of Versed, Fentanyl and Valium and/or similar benzodiazepine/opiods for sedation without the necessary resuscitative equipment or personnel put the patient at risk for respiratory and/or cardiac arrest. 59. Without having the resuscitative equipment available and skilled personnel for the safety of the patient, an overdose of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opiods was improperly administered to Heather Miller, a small woman, by Defendant Meyers and/or agents, apparent agents, servants and/or employees of Defendant CPOMS, which ultimately resulted in her brain injury. 60. The amount of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opiods, the manner in which they were administered to Heather Miller and the manner in which she was "monitored" and subsequently treated are contrary to the drug manufacturer's recommendations and FDA approval 61. Defendants, Harry P. Meyers DDS. and CPOMS are jointly and severely liable for the injuries and damages set forth herein. 62. Defendant CPOMS is corporately liable for the injuries and damages set forth herein. 63. Plaintiff, Heather Miller, claims on her own behalf, damages, including but not limited to past and future medical expenses associated with her treatment, past and 9 future pain and suffering, past and future loss of earning power and capacity, past and future loss of life's pleasures and enjoyment, past and future embarrassment and humiliation and for all other damages sustained by reason of the Defendants' negligence, gross negligence, reckless indifference and/or the willful and wanton conduct described herein. 64. At the time of her injury, Heather Miller was 20 years of age, having been born on June 25, 1983 with no cognitive defect. COUNTI PROFESSIONAL NEGLIGENCE Heather Miller V. Harry P. Meyers. DDS. 65. Paragraphs 1 through 64 are incorporated herein by reference as though fully set forth at length. 66. Defendant, Harry P. Meyers, DDS. is liable to the Plaintiff, Heather Miller, for the injuries and damages alleged herein which were directly and proximately caused by the Defendant's negligence, gross negligence, reckless indifference and/or the willful and wanton conduct with respect to Heather Miller, by: (a) failing to recognize that Heather Miller was a high risk patient for the administration of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opiods and taking precautionary measures to prevent pulmonary and/or cardiac arrest; 10 (b) failing to recognize and properly respond to the fact that Heather Miller was smaller in size then an 'average adult' in calculating the correct dosage of Versed, Fentanyl and/or Valium and/or similar benzodiazepine / opioids; (c) failing to comply with the drug manufacturer's recommendations regarding the administration of Versed, Fentanyl and/or Versed and/or a similar benzodiazepine / opioids in an office setting; (d) failing to properly titrate the both the Versed and Fentanyl and/or a similar benzodiazepine/opioids; (e) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids without constant and appropriate monitoring of respiratory and cardiac function; (f) failing to obtain the patient's vital signs at appropriate intervals before, during and after the procedures; (g) failing to have available and/or employ automated monitoring devises before, during and after the procedures; (h) failing to have available and/or employ EKG monitoring before, during and after the procedures; (i) failing to have available and/or employ a pulse oximetry or oxygen saturation monitors before, during and after the procedures; 0) failing to have available and/or employ supplemental oxygen for the safety and benefit of the patient before, during and after the procedure(s); II (k) failing to have available a resuscitation trolley, crash cart, and a defibrillator; (1) failing to properly monitor the patient's level of consciousness, her pulmonary ventilation, her oxygenation and/or her overall hemodynamics before, during and after the procedure(s); (m) failing to monitor the patient's verbal response to commands during the course of the procedure and thereafter; (n) failing to have proper intravenous access initiated and immediately available before, during and after the procedures; (o) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids where there was no immediate availability of resuscitative drugs, equipment and age appropriate equipment for bag/valve/mask ventilation and intubation; (p) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids without the presence of personnel trained and skilled in appropriate monitoring, resuscitation and airway maintenance; (q) performing wisdom teeth extraction with the use of Versed, Fentanyl and/or a similar benzodiazepine/opioids in an inappropriate setting for the sole purpose of increasing revenue; (r) failing to individualize the dose of drugs administered to Heather Miller; 12 (s) administering an overdose of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioid to Heather Miller; (t) improperly administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids to Heather Miller; (u) failing to timely recognize the signs of overdose and possible hypoxia and instituting the emergency protocols necessary to prevent anoxic injury; (v) failing to recognize that Heather Miller's taking of the prescribed Valium that morning, would increase the respiratory depressant effects of Versed and Fentanyl and/or a similar benzodiazepine/opioids; (w) improperly providing an excessive dose of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids; (x) administering Versed, Fentanyl and/or a similar benzodiazepine/opioids too rapidly to the patient; (y) failing to have personnel in attendance trained in monitoring the patient and in emergency resuscitation and the use of resuscitative equipment; (z) failing to timely recognize that Heather Miller had stopped breathing; (aa) failing to administer Romazicon, Narcan or other reversal agents in a timely fashion; (bb) failing to administer oxygen in a timely fashion; (cc) failing to administer resuscitative drugs in a timely fashion; (dd) failing to appropriately and in a timely ventilate the patient; 13 (ee) failing to properly position the patient prior to attempting intubations; (ff) failing to intubate the patient and failing to provide a patent airway in a timely fashion; (gg) failing to defibrillate the patient in a timely fashion; (h h) failing to continuously monitor the patient's respirations and heart rate during the performance of the procedures; (ii) improperly administering nearly twice the amount of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids as should have been; Qj) failing to properly individualize the dose of Versed, Fentanyl and/or Valium or similar benzodiazepine/opioids given Heather Miller's size and weight; (kk) failing to perform the aforementioned procedures in a hospital or ambulatory care setting that provided for continuous monitoring of respiratory and cardiac function and had available resuscitative drugs, equipment and personnel in the event of an emergency; (II) failing to send Heather Miller to a specialist more skilled in the aforementioned procedures and the use of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids; (mm) inappropriately using Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids in an office setting without the necessary resuscitative W drugs, equipment and personnel with reckless disregard for the well being of the patient; (nn) performing wisdom teeth extractions with the use of conscious sedation in an office setting for purely monetary gain without giving due consideration to the ultimate risk to the patient; (oo) failing to develop, implement and require adherence to a detailed policy manual or protocols for the monitoring and/or resuscitation of patients when using drugs like Versed, Fentanyl and Valium for conscious sedation; (pp) failing to have an anesthesiologist or another properly trained individual present in the event of an emergency; (qq) being negligent per se. 67. Defendant Meyer is liable to the Plaintiff for the injuries and damages alleged herein as set forth in paragraphs 61 through 64 above, which are incorporated herein by reference as if set at length. WHEREFORE, Heather Miller, demands judgment against Defendant, Harry P. Meyers, DDS. for compensatory and punitive damages in the amount in excess of twenty-five thousand dollars, ($25,000.00), exclusive of interest and costs in an excess of any jurisdictional amount requiring compulsory arbitration. 15 COUNT II VICARIOUS LIABILITY Heather Miller V. Central Pennsylvania Oral and Maxillofacial Surgeons. LLP 68. Paragraphs 1 through 64 and Count I of the Complaint are incorporated herein by reference as if set forth at length. 69. Defendant, Central Pennsylvania Oral And Maxillofacial Surgeons, LLP, all dentists, physicians, interns, residents, nurses, dental support staff, medical support staff and office support staff who participated in Heather Millers treatment, including but not limited to Defendant Meyers, his assistant and/or the agent, apparent agents, servants and/or employees, and/or anyone who saw Heather Miller of Defendant CPOMS, who were acting within the course and scope of their employment when providing professional medical services to Heather Miller. 70. Defendant CPOMS, acting through its agents, apparent agents, servants and/or employees is liable to Plaintiff, Heather Miller, for the injuries and damages alleged herein which were directly and proximately caused by its gross negligence, reckless indifference and/or the willful and wanton conduct with respect to Heather Miller, by: (a) failing to recognize that Heather Miller was a high risk patient for the administration of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opiods and taking precautionary measures to prevent pulmonary and/or cardiac arrest; 16 (b) failing to recognize and properly respond to the fact that Heather Miller was smaller in size then an 'average adult' in calculating the correct dosage of Versed, Fentanyl and/or Valium and/or similar benzodiazepine /opioids; (c) failing to comply with the drug manufacturer's recommendations regarding the administration of Versed, Fentanyl and/or Versed and/or a similar benzodiazepine / opioids in an office setting; (d) failing to properly Citrate the both the Versed and Fentanyl and/or a similar benzodiazepine/opioids; (e) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids without constant and appropriate monitoring of respiratory and cardiac function; (0 failing to obtain the patient's vital signs at appropriate intervals before, during and after the procedures; (g) failing to have available and/or employ automated monitoring devises before, during and after the procedures; (h) failing to have available and/or employ EKG monitoring before, during and after the procedures; (i) failing to have available and/or employ a pulse oximetry or oxygen saturation monitors before, during and after the procedures; Q) failing to have available and/or employ supplemental oxygen for the safety and benefit of the patient before, during and after the procedure(s); 17 (k) failing to have available a resuscitation trolley, crash cart, and a defibrillator; (1) failing to properly monitor the patient's level of consciousness, her pulmonary ventilation, her oxygenation and/or her overall hemodynamics before, during and after the procedure(s); (m) failing to monitor the patient's verbal response to commands during the course of the procedure and thereafter; (n) failing to have proper intravenous access initiated and immediately available before, during and after the procedures; (o) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids where there was no immediate availability of resuscitative drugs, equipment and age appropriate equipment for bag/valve/mask ventilation and intubation; (p) administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids without the presence of personnel trained and skilled in appropriate monitoring, resuscitation and airway maintenance; (q) performing wisdom teeth extraction with the use of Versed, Fentanyl and/or a similar benzodiazepine/opioids in an inappropriate setting for the sole purpose of increasing revenue; (r) failing to individualize the dose of drugs administered to Heather Miller; 18 (s) administering an overdose of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioid to Heather Miller; (t) improperly administering Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids to Heather Miller; (u) failing to timely recognize the signs of overdose and possible hypoxia and instituting the emergency protocols necessary to prevent anoxic injury; (v) failing to recognize that Heather Miller's taking of the prescribed Valium that morning, would increase the respiratory depressant effects of Versed and Fentanyl and/or a similar benzodiazepine/opioids; (w) improperly providing an excessive dose of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids; (x) administering Versed, Fentanyl and/or a similar benzodiazepine/opioids too rapidly to the patient; (y) failing to have personnel in attendance trained in monitoring the patient and in emergency resuscitation and the use of resuscitative equipment; {z) failing to timely recognize that Heather Miller had stopped breathing; (aa) failing to administer Romazicon, Narcan or other reversal agents in a timely fashion; (bb) failing to administer oxygen in a timely fashion; (cc) failing to administer resuscitative drugs in a timely fashion; (fl) failing to appropriately and in a timely ventilate the patient; 19 (gg) failing to properly position the patient prior to attempting intubations; (f) failing to intubate the patient and failing to provide a patent airway in a timely fashion; (gg) failing to defibrillate the patient in a timely fashion; (hh) failing to continuously monitor the patient's respirations and heart rate during the performance of the procedures; (ii) improperly administering nearly twice the amount of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids as should have been; (kk) failing to properly individualize the dose of Versed, Fentanyl and/or Valium or similar benzodiazepine/opioids given Heather Miller's size and weight; (klo failing to perform the aforementioned procedures in a hospital or ambulatory care setting that provided for continuous monitoring of respiratory and cardiac function and had available resuscitative drugs, equipment and personnel in the event of an emergency; (Il) failing to send Heather Miller to a specialist more skilled in the aforementioned procedures and the use of Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids; (mm) inappropriately using Versed, Fentanyl and/or Valium and/or a similar benzodiazepine/opioids in an office setting without the necessary resuscitative 20 drugs, equipment and personnel with reckless disregard for the well being of the patient; (nn) performing wisdom teeth extractions with the use of conscious sedation in an office setting for purely monetary gain without giving due consideration to the ultimate risk to the patient; (oo) failing to develop, implement and require adherence to a detailed policy manual or protocols for the monitoring and/or resuscitation of patients when using drugs like Versed, Fentanyl and Valium for conscious sedation; (pp) failing to have an anesthesiologist or another properly trained individual present in the event of an emergency; (qq) being negligent per se. 71. Defendant CPOMS is liable to the Plaintiff for the injuries and damages alleged herein and set forth in paragraphs 61 through 64 above which are incorporated herein by reference as if set forth at length. WHEREFORE, Heather Miller, demands judgment against Defendant, Central Pennsylvania Oral And Maxillofacial Surgeons, LLP for compensatory and punitive damages in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 21 COUNT III INFORMED CONSENT Heather Miller V. Harry P. Meyers. DDS. 72. Paragraphs 1 through 64 and Counts I and II of this Complaint are incorporated herein by reference as if set forth by length. 73. Defendant Harry P. Meyers, DDS., is liable to the Plaintiff Heather Miller for battery in the form of intentionally inflicting harmful and offensive bodily contact on Heather Miller by: (a) Realizing that the proposed anesthesia would result in offensive bodily contact with Heather Miller. (b) Knowingly performing the proposed anesthesia on Heather Miller without her informed consent. (c) Causing permanent and substantial injuries to Heather Miller as a result of the non-consensual and unnecessary anesthesia. (d) Failing to obtain Heather Miller's consent to the proposed procedure. (e) Failing to inform Heather Miller fully and properly as to the nature and extent of her condition and the nature and extent of the anesthesia proposed. (0 Failing to inform Heather Miller fully and properly of the material risks, possible consequences and alternatives to the proposed anesthesia. (g) Failing to inform Heather Miller of the possible consequences of the anesthesia, including the physical, emotional, and psychological consequences. 22 (h) Failing to disclose to Heather Miller all information material to the :lecision to undergo the proposed anesthesia. 74. Plaintiff Heather Miller would not have submitted to the aforementioned anesthesia if she had known of the undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure. 75. The undisclosed information, misinformation, risks, consequences, side effects and alternatives to the proposed procedure would have been a substantial factor in the patient's decision whether to undergo the proposed procedure. 76. As a result, Plaintiff, Heather Miller sustained injuries and damages as set forth in paragraphs 61 through 64 above which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiff, Heather Miller, demand judgment against Harry P. Meyers, DDS., in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 5upremeXtt Identification No. Dated: 23 VERIFICATION 1, Heather Miller, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are made subject to the penalties of Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: J U Q? Heather Miller IJA OQ C:u ` f" 9 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile; (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, DOCKET NO . Zoos- 266f1 ,:? V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HARRY P. MEYERS, DDS., AND CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. I, Robin J. Marzella, attorney for Plaintiff, Heather Miller, hereby, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by these defendants in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND the claim that this defendant deviated from an acceptable professional standard is also based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. J.?darfelj,;?& Ass s P.C. rcoffm-J. arzeua, Esquire --, Attorney e ification No. 66856 Dated: 4V-i6?26 NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 1600 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER 610 Lewisbery Road New Cumberland, P A 17070 ATTORNEY FOR DEFENDANTS Harry P. Meyers, D.D.S. Central PA Oral & Maxillofacial Surgeons, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP 220 Cumberland Parkway Mechanicsburg, PA 17055 NO. 2005-2668 Civil ENTRY OF APPEARANCE AND DEMAND FOR WRY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of HARRY P. MEYERS, D.D.S. & CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP, Defendants in the above-captioned matter. Defendants, HARRY P. MEYERS, D.D.S. & CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP, hereby demand a jury trial. Jury of twelve (12) with alternates demanded. NAULTY, BY: v. Attorney for Defendants, CENTRAL PA ORAL & Tv McDEVITT, LLC. Meyers, D.D.S. FACIAL SURGEONS, LLP ra 4 2 ? m to b NAULTY, SCARICAMAZZA & McDEVITT, LTD. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 1600 One Penn Center Philadelphia, PA 19103 (215) 568-5116 epka Pe. ATTORNEYS FOR DEFENDANTS Harry P. Meyyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons HEATHER MILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS NO. 2005-2668 CIVIL DEFENDANTS, HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL &. MAXILLOFACIAL SURGEONS ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, Answering Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral and Maxillofacial Surgeons, are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. 2. Admitted in part. Denied in part. It is admitted that Answering Defendant, Harry P. Myers, D.D.S., is a dentist and oral and maxillofacial surgeon licensed by the Commonwealth of Pennsylvania with an office in Mechanicsburg, Cumberland County, Pennsylvania. Byway of further response, Answering Defendant also practices at an office at 4700 Union Deposit Road, Harrisburg, PA 17111. As Plaintiff has failed to identify what times she considers to be "relevant", all other allegations are denied and strict proof of all other allegations is demanded at time of trial. All other allegations are also denied as conclusions of law. 3. Admitted. 4. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 4 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Further, as Plaintiff has failed to identify what times she considers to be "relevant", and has failed to identify any alleged agents, apparent agents, servants and/or employees (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all other allegations is demanded at time of trial. 5-8. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraphs 5-8 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. 9. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, it is averred that Plaintiff would have been scheduled to have her wisdom teeth extracted under intravenous sedation/general anesthesia. 10. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 10 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each andl every allegation is demanded at time of trial. By way of further response, it is specifically denied that Plaintiff was not provided with the risks and alternatives regarding the surgical procedure in question. Further, it is denied that she nevergave her informed consent to the surgical procedure in question. To the contrary, Plaintiffs deceased provided her informed consent to all surgical procedures performed by Answering Defendants. 11. Admitted. -- 2 -- 12. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, to the extent that the allegations contained in paragraph 12 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. In addition, Answering Defendants aver that it was Answering Defendant's routine and practice to provide such a prescription prior to a wisdom tooth extraction procedure. All allegations which constitute conclusions of law are also denied. 13-14. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 13-14 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent or careless in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. 15. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, it was Answering Defendant's routine and practice to ask if a patient took medications as prescribed prior to beginning a surgical procedure such as wisdom tooth extraction. All allegations which constitute conclusions of law are also denied. 16. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 16 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. 17. Admitted. -- 3 -- 18. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. All allegations which constitute conclusions of law are also denied. 19. Admitted. As that was the routine and practice of Answering Defendants. 20. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. All allegations which constitute conclusions of law are also denied. 21. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 21 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and' every allegation is demanded at time of trial. 22. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 22 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. 23. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 23 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, all such appropriate devices were available at the time of Plaintiffs procedure. -- 4 -- 24. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 24 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, all of these devices were available and would have been used in Plaintiffs procedure as was the routine and practice of Answering Defendants. 25. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 25 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each andl every allegation is demanded at time of trial. Byway of further response, Answering Defendants never administered these medications in the manner described by Plaintiffs. 26. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 26 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, Answering Defendants recollection is that Plaintiff did not develop respiratory difficulties until after she was administered Brevital. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. 27. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 27 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, Answering Defendant does not use the trendelenberg position in performing this type of surgical procedure. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (otherthan Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. --5 -- 28. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 28 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, Answering Defendant was successful in performing the needle cricothyrotomy but was unable to ventilate the patient. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. 29. Denied as stated. At an appropriate point and time, 911 was contacted and an EMT team was dispatched as indicated in the records maintained by the EMTs. All allegations which constitute conclusions of law are denied. 30. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 30 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is averred that, despite several attempts, Answering Defendants were unable to establish an airway prior to the arrival of the EMTs. 31-34. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraphs 31- 34 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. 35. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 35 of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. -- 6 -- Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is averred that at some point it was noted that the IV was infiltrated. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. 36. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraph 36 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. 37. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraph 37 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. 38. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraph 38 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. 39. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 39 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. -- 7 -- 40. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, demand strict proof of all allegations at time of trial. By way of further response, these allegations are also denied as conclusions of law. Further, to the extent that the allegations contained in paragraph 40 of Plaintiffs Complaint purport to be restatements of Plaintiffs dental/medical records, Answering Defendants aver that these records speak for themselves. 41. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 41 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, as Plaintiff has failed to identify what she means by "appropriate monitoring, support, and resuscitative equipment and personnel", all allegations are denied and strict proof of each and every allegation is demanded at time of trial. 42. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 42 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. 43-44. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 43-44 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants failed to adequately monitor and evaluate Plaintiffs pulmonary and cardiac status during the procedure in question. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. -- 8 -- 45. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 45 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants failed to have the appropriate emergency resuscitative equipment and medlications during the procedure in question. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. 46. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 46 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and' every allegation is demanded at time of trial. 47-52. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 47-51 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each andl every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants failed to properly administer said medications during the procedure in question. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. Admitted, and this was specifically done with regard to the care of this patient, as it is done with all patients. 53. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 53 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent, careless, grossly negligent, reckless and/or committed willful or wanton conduct in any manner in the -- 9 -- treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. 54. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 54 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants failed to have appropriate oxygen, resuscitative equipment and drugs, and skilled personnel in the treatment provided to Plaintiff. Further, it is specifically denied that Plaintiff was not appropriately monitored during the procedure in question. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. 55. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 55 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent, careless, grossly negligent and/or reckless in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury ordisabilityto Plaintiff. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. -- 10 -- 56-60. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 56-60 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants . It is averred that, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees of Defendant, CPOMS, (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all such allegations is demanded at time of trial. 61-64. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 61-64 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent, careless, grossly negligent and/or reckless in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury ordisabilityto Plaintiff. COUNTI - NEGLIGENCE PLAINTIFFS v. HARRY P. MENFERS. D.D.S. 65. By way of answer, Answering Defendants adopt and incorporate the answers to the allegations contained in paragraphs 1 through 64 as though the same were set forth herein at length. 66-67. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 66, including sub-paragraphs a-qq, through 67 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to -- 11 -- the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent, careless, grossly negligent, reckless and/or committed willful or wanton conduct in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants, acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. WHEREFORE, Answering Defendants demand judgment that Plaintiffs Complaint be dismissed as of record. COUNT II -VICARIOUS LIABILITY PLAINTIFF v. CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS 68. By way of answer, Answering Defendants adopt and incorporate the answers to the allegations contained in paragraphs 1 through 67 as though the same were set forth herein at length. 69. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraph 69 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all other allegations is demanded at time of trial. 70-71. Denied. Answering Defendants have been :advised and therefore aver that the allegations contained in paragraphs 70, including sub-paragraphs a-qq, through 71 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, :same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is specifically denied that Answering Defendants were negligent, careless, grossly negligent, reckless and/or committed willful or wanton conduct in any manner in the treatment provided to Plaintiff. On the contrary, at all times relevant hereto, Answering Defendants acted in a reasonable and prudent manner and within the standard of care in the medical/dental community in the treatment and/or -- 12 -- providing of information to Plaintiff and Answering Defendants caused no injury or disability to Plaintiff. Further, as Plaintiff has failed to identify any alleged agents, apparent agents, servants and/or employees (other than Dr. Meyers), all allegations of agency are specifically denied and strict proof of all other allegations is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment that Plaintiffs Complaint be dismissed as of record. COUNT III - INFORMED CONSENT PLAINTIFF v. HARRY P. MEYERS, D.D.S. 72. By way of answer, Answering Defendants adopt and incorporate the answers to the allegations contained in paragraphs 1 through 71 as though the same were set forth herein at length. 73-76. Denied. Answering Defendants have been advised and therefore aver that the allegations contained in paragraphs 73, including sub-paragraphs a-h, through 76 of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Nevertheless, same are denied and strict proof of each and every allegation is demanded at time of trial. By way of further response, it is denied that Plaintiff never gave her informed consent to the surgical procedure in question. To the contrary, Plaintiff was provided with all reasonable risks and alternatives to the proposed procedure and she provided her informed consent to all surgical procedures performed by Answering Defendants. WHEREFORE, Answering Defendants demand judgment that Plaintiffs Complaint be dismissed as of record. NEW MATTER 77. At all times material herein, there existed the Pennsylvania Comparative Negligence Act. 78. Plaintiffs claims are barred by the provisions of the Pennsylvania Comparative Negligence Act. -- 13 -- 79. Plaintiffs alleged injuries and damages were caused and contributed to in full or in part by the negligence and carelessness of persons, parties and/or organizations other than Answering Defendants, over whom Answering Defendants had no control, right of control or responsibility. 80. Plaintiffs alleged injuries and damages were caused by the intervening negligence of a third person or persons, which was the superseding cause of Plaintiffs alleged injuries and damages, and therefore Answering Defendants are not liable to Plaintiff or any other party. 81. Answering Defendants, either individually, or by and through an alleged agent, apparent agent, servant or employee, did not engage in negligent, careless, outrageous, wanton or reckless conduct of any type. 82. Answering Defendants, either individually, or by and through an alleged agent, apparent agent, servant or employee, did not violate any rules or regulations promulgated by the FDA and/or the Commonwealth of Pennsylvania. 83. There was no action or inaction by or on behalf of Answering Defendants which produced any injuries or damages to Plaintiff. 84. Any alleged dental/medical treatment rendered to Plaintiff by Answering Defendants was proper in all respects, and in accordance with standard) dental/medical practice and care. 85. Plaintiff shall have no right to recover for any amount which was paid by a public collateral source of compensation or benefits under such as instituted by the Pennsylvania Health and Care Services Malpractice Act. 86. Any claim of Plaintiff for recovery of medical expenses paid by a third parry, including any insurance carrier, is barred pursuant to §602 of the Pennsylvania Healthcare Services Malpractice Act. 87. If there is a judicial determination that Rule 238 is constitutional, the liability for any interest imposed by the rule should by suspended during the period of time that there is any delay occasioned by Plaintiff and/or the failure of the Court to rule promptly on all motions and petitions or otherwise prevent or hinder the prompt trial of this action. 88. To the extent that all of the claims and causes of actions pleaded against Answering Defendants in Plaintiffs Complaint in this action are barred by the running of the applicable statute of limitations, Answering Defendants plead this affirmative defense. -- 14 -- 89. All of the claims and causes of action pleaded against Answering Defendants in Plaintiffs Complaint are barred in whole or in part by Plaintiff's assumption of the risk of the occurrence of the incidents and injuries alleged in Plaintiffs Complaint. 90. Insofar, as Plaintiff has pleaded any claim or cause of action against Answering Defendants for failing to effect a cure of any particular result of treatment, this claim and/or cause of action is wholly barred by the absence of special contract in writing, without which a healthcare provider is neither a warrantor nor a guarantor of a cure pursuant to the Healthcare Services Malpractice Act 40 P.S. § 1302.606. 91. By way of further defense, Answering Defendants specifically reserve the right to plead hereafter as further New Matter those additional affirmative defenses, including without limitation those set forth in Pennsylvania Rules of Civil Procedure 1030, that continuing investigations and discovery pursuant to the Pennsylvania Rules of Civil Procedure, and the introduction of evidence that trial may render applicable to the claims and causes of action declared upon by Plaintiff in her Complaint. 92. Plaintiff has failed to state a claim upon which relief can be granted against Answering Defendants. There is no act or omission of Answering Defendants alleged in Plaintiffs Complaint. 93. There is no cause or relationship between the alleged acts or omissions of Answering Defendants and any damages or losses claimed by Plaintiff in her Complaint. 94. Answering Defendants are entitled to all the benefits and protection of Pennsylvania Healthcare Services Malpractice Act, which are hereby incorporated by reference as though fully set forth at length herein. 95. Insofar as the injuries claimed herein may have been the subject of previous litigation, Answering Defendants plead the affirmative defense of collateral estoppel and release. 96. Answering Defendants are entitled to all the benefits and protection of the Pennsylvania Medical Care Availability and Reduction of Error (Mcare) Act, Act. No. 13, House Bill No. 1802, 2002 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended, which are hereby incorporated by reference as though fully set forth at length herein. -- 15 -- 97. Plaintiffs claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (Mcare) Act, Act. No. 13, House Bill No. 1802, 2002 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 98. Plaintiff shall have no right to recover for any amount which was paid by a private, public or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (Mcare) Act. 99. Plaintiff gave her informed consent to all surgeries and medical/dental treatment provided by Answering Defendants. 100. Any alleged undisclosed information was not a substantial factor in Plaintiffs decision to undergo the surgical procedures and treatment performed by Answering Defendants. 101. A professional business entity, corporation and/or any other type of business entity cannot be held either directly or vicariously liable for any claiim of alleged lack of informed consent or battery. 102. Lack of Informed Consent does not apply to emergency surgical procedures and/or medical treatment. WHEREFORE, Answering Defendants demand judgment that Plaintiff's Complaint be dismissed as of record. Respectfully submitted, N, SCARICAMAZZA & MCDEVITT BY: GARY V. GITTLE:MAN, ESQUIRE THOMAS A. McC:ORMACk, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. & Central Pennsylvania Oral & Maxillofacial Surgeons -- 16 -- NAULTY, SCARICAMAZZA & McDEVITT, LTD. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 1600 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER ATTORNEYS FOR DEFENDANTS Ham/ P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY v. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS NO. 2005-2668 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendants' Answer to Plaintiffs' Complaint with New Matter was made this date, to all parties named below by first class mail, postage prepaid. Robin J. Marzella, Esqulire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 NACARICAMAZZA & McDEVITT By: G GITTLE N, ESQUIRE THOMAS A. McCORMACk, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. & Central Pennsylvania Oral & Maxillofacial Surgeons Dated: ?( QS VERIFICATION HARRY P. MEYERS, D.D.S., hereby states that he is a Defendant in this cause of action, and verifies that the statements made in the foregoing Answer to Plaintiff's Complaint with New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4804 relating to unsworn falsification to authorities. A HARRY P. MEYERS, D.D DATE: ` v --r? ("? hJ 77 Y I R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile (7171234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY TO: GARY GITMEMAN, EsQuIRE NAULTY, ScARIcAMAzzA, & MCDEviTT 1617 JOHN F. KENNEDY BLVD. Su1TE 1600 PHILADELPHIA, PA 19103 Plaintiff, Heather Miller, intends to serve subpoenas identical to the one that is attached to this notice. You have twenty (20) days from the date stated 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. Respectfully requested, R. I. Marzella & Associates, P.C. Robin frq?rza, Esqu'Ire- Attorney tification No. 66856 Dated: ?? N ?) t-) "c7 ?'. ._ N? ?1? v' _?; =?, _ _ ? _y l3 f '? S.? `:7 !_ ,C-+-' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA {{ppJJ , 4vV1'.lf 4d iii FJ PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER TERM, CUMBERLAND -VS- CASE N0: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2006 MCS n beh / GARY . GITTLEMAN, ESQ. Att rney for DEFENDANT DE11-617863 1 2 4 2 2- 1, 0 1 P E NN S Y L VAN S A C O MM O NW E A L T H OF COUNTY OF CUMBER LAN D IN THE MATTER OF: HEATHER MILLER _vs_ HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. PAUL ESLINGER JENNIFER WEBER, D.0 LIMITED TOO,INC. INTERNAL REVENUE SERVICE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT OTHER TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2006 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-326599 1 2 4 2 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 vs. HARRY P. MEYERS,D.D.S. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. PAUL ESLINGER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc., 1601 Market Street, Suit 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ESO. ADDRESS: 1617 JFK BO JLEVAR SUITF 750 PHILADELPHIA- PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C jJRT: Prothonotary/Clerk, Ci ' ivisi n /VI MAR `9 R 2006 Deputy Date: f ?! "?n r ? a6nA Seal of the Court 12422-01 EXPLANATION OF REQUIRED TO: CUSTODIAN OF RECORDS FOR: DR. PAUL ESLINGER P.O. BOX 850 UNIV. PHYSICIAN CTR HERSHEY, PA 17033 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ANY AND ALL INPATIENT AND PUTPATIENT RECORDS,ER,LABORATORY, OFFICE/ADMISSION,MRI'S,OR OTHER RADIOLOGICAL AND/OR DIAGNOSTIC STUDIES FOR PRE AND/OR POST ACCIDENT Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medicarion/prescri tion records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: HEATHER MII.i.F.R Social Security N: 159-645129 Date of Birth: 06-25-1983 SU10-610384 1 2 4 2 2- 1, 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA t PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER TERM, CUMBERLAND -VS- CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D,S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2006 S behal f ? ARY TrLEMAN, ESQ. Attorney for DEFENDANT DE11-617864 1 2 4 2 2- L 0 2 COMMONWEALTH 0 17 P E NN S Y L VAN S A COUNTY OP C UM B E R LAN D IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCObEMTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. PAUL ESLINGER JENNIFER WEBER, D.0 LIMITED TOO,INC. INTERNAL REVENUE SERVICE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT OTHER TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2006 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-326599 1 2 4 2 2- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER VS. HARRY P. MEYERS,D.D.S. File No. 2005-2668 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JENNIFER WEBER. D.O (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun_ Inc., 1601 Market Street. Suite 800. Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ESO ADDRESS: 1617 JFK BOULEVARD SUITE 750 PHILADELPHIA. PA 19103 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 2, 8 2006 BY THE COLT: Prothonotary/Clerk, Civi tvisio Date: / '( cSn ? '6K4 Deputy Seal of the Court 12422-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JENNIFER WEBER, D.O C/O IRON RIDGE FAM PRACT 880 POPLAR CHURCH RD CAMP HILL, PA 17011 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING ANY AND ALL INPATIENT AND OUTPATIENT RECORDS,OFFICE ADMISSION CHARTS,MRI'S,OR OTHER RADIOLOGICAL AND/OR DIAGNOSTIC STUDIES,FOR PRE AND/OR POST ACCIDENT Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEATHER MHMLER Social Security #: 159-64-5129 Date of Birth: 06-25-1983 SU10-610386 1-2422-L 02 J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 1 IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER TERM, CUMBERLAND -VS- CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2006 GARY I LEXNE SQ. A ttorney for DEFENDANT DE11-617865 1 2 4 2 2- 1, 0 3 COMMONWEALTH OP P E W W S Y L VANS A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKE Tf'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. PAUL ESLINGER MEDICAL, BILLING, AND X-RAY(S) JENNIFER WEBER, D.0 MEDICAL, BILLING, AND X-RAY(S) LIMITED TOO,INC. EMPLOYMENT INTERNAL REVENUE SERVICE OTHER TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/09/2006 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-326599 1 2 4 2 2- C O 3_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER vs. HARRY P. MEYERS,D.D.S. File No. 2005-2668 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LIMITED TOO INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS C7r= Inr 1601 Market Street Suit 800 Philadelphia P 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ES ADDRESS: 1617 JFK BOULEVARD TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 2 8 2005 Date: / ,(? ? 2 a' ? 1 Seal of the Court BY THE COU T: G , ?C?L' Prothonotary/Clerk, Civil ivisio Deputy 12422-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LIMITED TOO,INC. 3432 PAXTON ST. SPACE 4DA HARRISBURG, PA 17111 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval 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 : HEATHER MH.LER Social Security #: 159-64-5129 Date of Birth: 06-25-1983 SU10-610388 2-2422-1.03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEATHER MILLER COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS.LLP CASE N0: 2005-2668 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2006 MCS beha o R GITTLEMAN, ESQ. ? GARY Q Attorney for DEFENDANT DEll-617866 1-2422-1,04 COMMONWEALTH OF COUNTY OF IN THE MATTER OF: HEATHER MILLER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. PAUL ESLINGER MEDICAL, BILLING, AND X-RAY(S) JENNIFER WEBER, D.0 MEDICAL, BILLING, AND X-RAY(S) LIMITED TOO,INC. EMPLOYMENT INTERNAL REVENUE SERVICE OTHER TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2006 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 Any questions regarding this matter, contact P E NN S Y L VAN T -M-1 CUMBER LAN D MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-326599 1 2 4 2 2- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER VS. HARRY P. MEYERS,D.D.S. File No. 2005-2668 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INTERNAL. REVENUE SERVICE (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 Groin. Inc 1601 Market Street. Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN ES ADDRESS: 1617.IFK ROT TIRVARn TELEPHONE: (215) 746-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothonotary/Clerk, Divisi MAR `_? S 2D06 Date: (b /?/? r L. / ? ) C-44 Deputy ?? Seal of the Court 12422-04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER vs. HARRY P. MEYERS,D.D.S. File No. 2005-2668 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INTERNAL REVENUE SERVICE (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 Grog. Inc 1601 Market Street Suite 800 Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ESO. ADDRESS: 1617 dFK BO n V R SUITE 750 PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO JRT: D Prothonotary//Clerk Divisi MAR ? 8 2"D6 Date: Deputy Seal of the Court 12422-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INTERNAL REVENUE SERVICE 3046 A STREET PHOTOCOPY UNIT PHILADELPHIA, PA 19134 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS FROM 2000-PRESENT Subject : HEATHER NM.LER Social Security #: 159-64-5129 Date of Birth: 06-25-1983 SU10-610390 3-2422-1,04 ?:> - . -__, ?, _. .?? 1- -1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA OR161! PURSUANT TO RULE 4009.22 *41 IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER TERM, CUMBERLAND -VS- CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/27/2006 /4?GA on e 1of V. GITTLEMANESQtorney for DEFENDANT DE11-622771 1 2 4 2 2- 1, 0 5 C O M M O N W E A L T H op P E WW S Y L VAN 2 A COUNTY OP CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUKKNTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 RED LAND SENIOR HIGH SCHOOL SCHOLASTIC TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/07/2006 MCS on behalf of CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 Any questions regarding this matter, contact GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-328862 3-2422-CO-1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 CIVIT, VS. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RED LAND SENIOR JUGH SCHOOT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followin documents or things: * * * * SEF ATTA J JW IDER * * * * g at The M Grow- Inc._ 1601 Market Street ui 800, P .la lphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN ES ADDRESS : 1617 7FK TIOT TT Fv AD n TELEPHONE: (215) 246-0 00 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division APR 2 7 2006 Date: Deputy )t, Seal of the Court 12422-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RED LAND SENIOR HIGH SCHOOL 560 FISHING CREEK ROAD LEWISBERRY, PA 17339 RE: 12422 HEATHER MILLER Poor approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire scholastic file, including but not limited to files, memoranda, correspondence, notes, records relating to attendance, student history and/or transfers, grades, merits, awards, disciplinary, medical/physicals, including any and alb such items as may be stored in a computer database or otherwise in electronic fomi, pertaining to: Subject: ?to and inRcluding the present. XfUA Social Security #: XR RR 5129 Date of Both: 06-25-1983 SU10-615608 1 2 4 2 2-1-.0 5 P-1 w J e? ..- _. _ tl1 LJi t R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile: (71 Z L234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ADMINISTRATIVE APPLICATION FOR A STATUS CONFERENCE 1. This is a case wherein Defendants when utilizing conscious sedation for the purpose of wisdom teeth extraction injured Plaintiff, Heather Miller. The case involves two defendants, various witnesses and expert witnesses. 2. The procedural history is as follows: Plaintiffs, Heather Miller, commenced a civil action by the filing of a Complaint on or about May 23, 2005, in the Cumberland County Court of Common Pleas. 3. Discovery has been ongoing since the initiation of suit back in 2005. C 4. However, additional discovery must be conducted in order to adequately prepare this case for trial. 5. The Courts intervention would greatly assist in moving this case forward. 6. In order to expedite litigation of this case, Plaintiff requests a scheduling conference for purposes of setting deadlines for completion of discovery, production of expert reports, and a date certain for trial. WHEREFORE, Plaintiffs respectfully request this Honorable Court to schedule a Status Conference. Respectfully submitted, Dated: .C. CERTIFICATE OF SERVICE 1, Nathan W. Ramsey, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 31 Day of May, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTI.EMAN, ESQUIRE NAULTY, ScAmcAmAzzA, & McDmTr 1617 JOHN F. KENNEDY BLvD. SuITE 750 PHILADELPHIA, PA 19103 R. J. MARZELLA & AssociA s, P.C. By: HAN W. RAMSEY, LAW CLERK r? U _,.1 u? Jr JUN 0 6 2006 i R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 2347828 Facsimile: (717) 2346883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ORDER AND NOW, upon consideration of an Administrative Application for a Status Conference, a status conference is hereby scheduled for d , 2006, beginning at aP?t 3d o'clock ?M. in Court Room # / of the Cumberland County Court House. O\ BY THE COURT- c_ rj? 2- oo,6 J • V- , ri ?V cool R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 2347828 Facsimile: (717) 2346883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ADMINISTRATIVE APPLICATION FOR A STATUS CONFERENCE 1. This is a case wherein Defendants when utilizing conscious sedation for the purpose of wisdom teeth extraction injured Plaintiff, Heather Miller. The case involves two defendants, various witnesses and expert witnesses. 2. The procedural history is as follows: Plaintiffs, Heather Miller, commenced a civil action by the filing of a Complaint on or about May 23, 2005, in the Cumberland County Court of Common Pleas. 3. Discovery has been ongoing since the initiation of suit back in 2005. 4. However, additional discovery must be conducted in order to adequately prepare this case for trial. 5. The Courts intervention would greatly assist in moving this case forward. 6. In order to expedite litigation of this case, Plaintiff requests a scheduling conference for purposes of setting deadlines for completion of discovery, production of expert reports, and a date certain for trial. WHEREFORE, Plaintiffs respectfully request this Honorable Court to schedule a Status Conference. Respectfully submitted, & Associates. P.C. By: Dated: ?6?jrn a, Esquire ney rio. 66856 CERTIFICATE OF SERVICE I, Nathan W. Ramsey, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 31 Day of May, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GIT mEMAN, ESQUIRE NAuLT1r, ScAiucAMAzzA, & McDEvn-r 1617 JOHN F. KENNEDY BLvD. SUITE 7$0 PHILADELPHIA, PA 19103 R. J. MARZELLA & AssOmns, P.C. By: ,VTHAN W. RAMSEY, LAW CLERK ?Jl 7-1 ? l? V 1 I i! 'J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEATHER MILLER ORIGIN! COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ES certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/12/2006 R1.07 133-H 6GS_on behalf of l GARY V. GITTLE ESQ. J Attorney for DEFENDANT DE11-0630702 12422 -LO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 IRON RIDGE FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/22/2006 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 Any questions regarding this matter, contact MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.08S 133-H DE02-0332793 12422-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 CIVIL. VS. TO: HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & : Custodian of Records for IRON R_inGE FAMILY PRACTICE (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 MCC Group Inc 1601 Market Street. Suite 800. Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ES ADDRESS: 1617 JFK BOULEVARD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 12 2006 Date: M4 j (J (0 Seal of the Court BY THE C T: P othonotary/Clerk, Civil Division Deputy 12422-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: IRON RIDGE FAMILY PRACTICE C/O DR G C GERACI P.O. BOX 235 CAMP HILL, PA 17001 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. INCLUDING BUT NOT LIMITED TO INPATIENT, OUT-PATIENT, ER, LAB, OFFICE/ ADMISSION CHARTS, & MRI'S & DIAGNOSTIC STUDIES FOR PRE & POST ACCIDENT Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEATHER MILLER Social Security #: XXX-XX-5129 Date of Birth: 06-25-1983 R1.08S 133-H SU10-0623538 12422-L06 - 7 3 -r, i:.75 .1::- HEATHER MILLER IN THE COURT OF COMMON PLEAS OF 610 Lewisberry Road CUMBERLAND COUNTY, PENNSYLVANIA New. Cumberland, Pa 17070,: Plaintiff v HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055, DEFENDANTS MEDICAL MALPRACTICE ACTION NO. 2005-2668 CIVIL TERM JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of Plaintiff's administrative application for a status conference, and following a conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Charles Marsar, Esquire, standing in for Robin J. Marzella, Esquire, who has recently given birth to a child, and Defendants were represented by Gary Gittleman, Esquire, and pursuant to an agreement of counsel, based upon the unavailability of Plaintiff's counsel due to maternity leave at the present time, the status conference herein is rescheduled for Wednesday, September 6, 2006, at 3:45 p.m., in the chambers of the undersigned judge. Pursuant to permission of the Court, Defendant's counsel may participate in the conference by telephone, and the Court will initiate that phone call. By the Court, r-- > c F- 4-> Charles Marsar, Esquire Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 For Plaintiff Gary Gittleman, Esquire Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. Suite 750 Philadelphia, PA 19103 For Defendants mae CO I" l y. HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070,: Plaintiff v HARRY P. MEYERS, DDS. and : CENTRAL PENNSYLVANIA ORAL : AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055, . Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEDICAL MALPRACTICE ACTION NO. 2005-2668 CIVIL TERM JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 6th day of September, 2006, upon consideration of the Motion for in this matter, and following a J. Marzella, Esquire, represent Gittleman, Esquire, represented and pursuant to an agreement of directed as follows: Status Conference which was filed status conference in which Robin =d the Plaintiff, and Gary V. the Defendants (by telephone), counsel, it is ordered and 1. All depositions shall be complete as of February 28, 2007; 2. Plaintiff's expert report(s) shall be served upon Defendants' counsel on or before April 30, 2007; 3. Defendants' expert report(s) shall be served upon Plaintiff's counsel on or before June 30, 2007; 4. Any rebuttal expert report(s) of Plaintiff shall be served upon Defendants' counsel on or before July 15, 2007; and 5. Following July 15, 2007, either counsel may list this case for trial. P? i ? i_i i ?: ? ? .??_ ', , ; 4?.t ..., , ', By the Court, Z/?/" J. esley Ol Jr., J. ,Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 For Plaintiff ?G`ary Gittleman, Esquire Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. Suite 750 Philadelphia, PA 19103 For Defendants J mae 9 NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS ATTORNEYS FOR DEFENDANTS Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 CIVIL DEFENDANTS, HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS' MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF, HEATHER MILLER Naulty, Scaricamazza & McDevitt, LLC., attorneys for Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons ("CPOMS"), respectfully moves this Honorable Court to enter an appropriate Order against Plaintiff, Heather Miller, pursuant to Rule 4007.1 and Rule 4019 of the Pennsylvania Rules of Civil Procedure, and in support thereof, aver as follows: 1. Plaintiff initiated this action of alleged dental/medical malpractice in May of 2005 and filed her Complaint on May 23, 2005. 2. Undersigned Counsel entered their appearance on behalf of the Defendants on June 3, 2005 and filed Defendants' Answer to Plaintiffs Complaint with New Matter on July 28, 2005. 3. Since this matter was initiated by Plaintiff, Counsel for Defendants have attempted to schedule and obtain Plaintiffs deposition on a number of occasions. 4. On September 6, 2006, at a Status Conference requested by Plaintiffs counsel, the Honorable J. Wesley Oler, Jr. entered a Case Management Order for this matter. A copy of Judge Oler's Order is attached hereto as Exhibit "A". 5. Pursuant to Judge Oler's Order, all depositions for this matter are to be completed as of February 28, 2007. Refer to Exhibit "A". 6. Counsel for Defendants has continued to attempted to arrange for the deposition of Plaintiff and requested dates from Plaintiff's counsel. 7. On November 29, 2006, after receiving no dates of availability from Plaintiff, Counsel for Defendants noticed Plaintiff's deposition for December 11, 2006. A copy of the Notice of Deposition is attached hereto as Exhibit "B". 8. On November 30, 2006, Counsel for Plaintiff forwarded a letter claiming Plaintiff was not available December 11, 2006 (although there is no statement as to why she is not available) and provided dates for the week of January 22, 2007. A copy of Plaintiff's letter is attached hereto as Exhibit "C". 9. Undersigned Defense Counsel is unavailable that entire week as they are attached for trial in the Superior Court of New Jersey, Camden County. 10. Even if Undersigned Counsel was available during the week of January 22, Defendants aver that this would be much too close to the discovery deposition end date of February 28, 2007. 11. It is imperative that Defendants be allowed to take the deposition of Plaintiff, Heather Miller, within sufficient time prior to the discovery deadline of February 28, 2007. 12. Rule 4007.1 of the Pennsylvania Rules of Civil Procedure provides, in relevant part: (a) A party designed to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action... a party noticed to be deposed shall be required to appear without subpoena. Pa. R.C.P. Rule 4007.1(a). 13. Plaintiff has sought neither a Protective Order nor a Stay of Proceedings with regard to her deposition. 14. Said deposition is essential to the Defendants' preparation for trial and they will continue to be prejudiced in the ability to prepare a defense to Plaintiff's claims and allegations if Plaintiff continues to avoid presenting herself for her deposition. 15. The concurrence of Plaintiffs counsel was sought prior to the filing of this motion to compel. -- 2 -- WHEREFORE, Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons, respectfully request this Honorable Court to enter the attached Order compelling Plaintiff, Heather Miller, to present herself for the taking and completion of her deposition within fourteen (14) days of the date of the Order or suffer sanctions upon further application to the Court. Respectfully Submitted, N T , SCARICAMAZZA& McDEVITT, LLC " ?( /?' - 6Y: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons -- 3 -- NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER ATTORNEYS FOR DEFENDANTS Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS NO. 2005-2668 CIVIL DEFENDANTS, HARRY P. MEYERS, D.D.S. AND CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGERY'S, BRIEF IN SUPPORT OF THE MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF HEATHER MILLER MATTER BEFORE THE COURT: Defendants, Dr. Meyers and CPOMS have filed a Motion to Compel the Deposition of Plaintiff, Heather Miller. STATEMENT OF QUESTION INVOLVED: Should Plaintiff, Heather Miller, be ordered and directed to present herself for the taking and completion of her deposition in this matter within fourteen (14) days of the entry of the proposed Order? Suggested Answer: Yes. FACTS: Plaintiff initiated this action of alleged dental/medical malpractice in May of 2005 and filed her Complaint on May 23, 2005. Undersigned Counsel entered their appearance on behalf of the Defendants on June 3, 2005 and filed Defendants' Answer to Plaintiffs Complaint with New Matter on July 28, 2005. Since this matter was initiated by Plaintiff, Counsel for Defendants have attempted to schedule and obtain Plaintiff's deposition on a number of occasions. The deposition of Plaintiff has been canceled each time it has been scheduled. On September 6, 2006, at a Status Conference requested by Plaintiff's counsel, the Honorable J. Wesley Oler, Jr. entered a Case Management Order for this matter. Refer to Exhibit "A". Pursuant to Judge Oler's Order, all depositions for this matter are to be completed as of February 28, 2007. Refer to Exhibit "A". As the February28, 2007 deadline is fast approaching, Counsel for Defendants has continued to attempted to arrange for the deposition of Plaintiff and requested dates from Plaintiffs counsel. On November 29, 2006, after receiving no dates of availability from Plaintiff, Counsel for Defendants noticed Plaintiffs deposition for December 11, 2006. Refer to Exhibit "B". On November 30, 2006, Counsel for Plaintiff forwarded a letter claiming Plaintiff was not available December 11, 2006 (although there is no statement as to why she is not available) and provided dates for the week of January 22, 2007. Refer to Exhibit "C". Undersigned Defense Counsel is unavailable that entire week as they are attached for trial in the Superior Court of New Jersey, Camden County. Even if Undersigned Counsel was available during the week of January 22, Defendants aver that this would be much too close to the discovery deposition end date of February 28, 2007. If the deposition was canceled again, based on the previous history regarding this case, Defendants aver that they may not have sufficient time to reschedule or complete further necessary discovery prior to the discovery end date. For the above reasons, Defendants, Dr. Meyers and CPOMS, have filed the attached Motion to Compel the deposition of Plaintiff. ARGUMENT: It is imperative that Defendants be allowed to take the deposition of Plaintiff, Heather Miller, within sufficient time prior to the discovery deadline of February 28, 2007. Rule 4007.1 of the Pennsylvania Rules of Civil Procedure provides, in relevant part: (a) A party designed to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action... a party noticed to be deposed shall be required to appear without subpoena. Pa. R.C.P. Rule 4007.1(a). Plaintiff has sought neither a Protective Order nor a Stay of Proceedings -- 2 -- with regard to her deposition. It is more then apparent that said deposition is essential to the Moving Defendants' preparation for trial and they will continue to be prejudiced in their ability to prepare a defense to Plaintiff's claims and allegations if Plaintiff continues to avoid presenting herself for the taking and completion of her deposition. REQUESTED RELIEF: For the reasons stated above, Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons, respectfully request this Honorable Court to enter the attached Order compelling Plaintiff, Heather Miller, to present herself for the taking and completion of her deposition within fourteen (14) days of the date of the Order or suffer sanctions upon further application to the Court. Respectfully Submitted, NA TY SCARICAMAZZA & McDEVITT, LLC BY: ? - GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons -- 3 -- VERIFICATION GARYV. GITTLEMAN, ESQUIRE and THOMASA. WCORMACK, ESQUIRE, attorneysfor Defendants in this action, hereby verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. By: L '/'- /\" GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorney for Defendants, Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons DATED: << INIb? NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Identification Number: 12504/78468 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER ATTORNEYS FOR DEFENDANTS Harry P. Meyers, D.D.S. and Central PA Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS NO. 2005-2668 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendants' Motion to Compel Plaintiff's Deposition was produced this date, to all parties named below by first class mail, postage prepaid. Robin J. Marzella, Esquire R.J. MARZELLA & ASSOCIATES, P.C. 3513 North Front Street Harrisburg, PA 17110 NAULTY SCARICAMAZZA & WDEVITT, LLC By: v ? GAR V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACk, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. & Central Pennsylvania Oral & Maxillofacial Surgeons Dated: ? ? ?D lo. EXHIBIT "A" lsc ??'? Z J 3D ?, ? 5- y HEATHER MILLER IN THE COURT OF COMMON PLEAS OF 610 Lewisberry Road CUMBERLAND COUNTY, PENNSYLVANIA New Cumberland, Pa 17070,: Plaintiff v MEDICAL MALPRACTICE ACTION HARRY P. MEYERS, DDS.'and CENTRAL PENNSYLVANIA ORAL NO. 2005-2668 CIVIL TERM AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055, . Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 6th day of September, 2006, upon consideration.of the Motion for Status Conference which was filed in this'matter, and.following a status conference in which Robin J. Marzella Esquire, represented '.the Plaintiff,--.and-Gary V. Gittleman, Esquire, represented the Defendants (by telephone), and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. All depositions shall be complete as of February 28, 2007; 2. Plaintiff's expert report(s) shall be served upon Defendants' counsel on or before April 30, 2007; 3. Defendants' expert report(s) shall be served upon Plaintiff's counsel on or before June 30, 2007; 4. Any rebuttal expert report(s) of Plaintiff shall be served upon Defendants' counsel on or before July 15, 2007; and 5. Following July 15, 2007, either counsel may list this case for trial. r??,3a-©o1 153 By the Court, J. Mrs ley Ol Jr., J. Robin J. Marzella, Esquire 3 3 North Front Street arrisburg, PA 17110 For Plaintiff Gary Gittleman, Esquire Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. Suite 750 Philadelphia, PA 19103 For Defendants :mae EXHIBIT "B" NAUL( SCARICAMAZZA & WDE1,.,(T, LLC ANGELO L. SCARICAMAZZA, JR. FRANCIS T. MCDEVITT' WILLIAM G. CILINGIN GERARD X. SMITH' GARY V. GITTLEMAN JOSEPH A. BREYMEIER' RONALD P. BARTASH' NICHOLAS J. SANSONE* ROBERT E. DILLON MARY B. LIPINSKI CHARLENE STEWART BARNABA' MELISSA A. SCHWARTZ* LAURIE A. CARROLL MARTIN N. LISMAN' THOMAS A. MCCORMACK' THOMAS M. SAVON' KENNETH S. FAIR' JENNIFER M. GANLEY' SUSAN B. PLINER' SEAN P. BUGGY CHRISTINE R. GUILIANO* BRIAN P. McGOVERN RYAN S. ZAVODNICK'- ANN L. LONGO SUZANNE K. MINTZER' ANNETTE J. FERRARA* ALESSANDRA CARRAFIELLO' DANIELLE DIAMBROSIO' PATRICIA CAREY KULP ATTORNEYS AT LAW SUITE 750 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 (215) 568-5116 FAX (215) 568-2077 WWW.NAULTY.COM JOHN F. NAULTY (1942-1993) November 29, 2006 8 WEST SECOND STREET' MEDIA, PENNSYLVANIA 19063 (610) 565.6999 FAX (610) 565-8668 GREENTREE EXECUTIVE CAMPUS 4001 E LINCOLN DRIVE WEST MARLTON, NEW JERSEY 08053 (856) 985.2005 FAX (856) 985-1963 SUITE 1014 300 DELAWARE AVE. WILMINGTON, DELAWARE 19801 (302) 575-0676 FAX (302) 575-0236 SANDRA C. HYMOWITZ + Of Counsel 'ALSO MEMBER OF NJ BAR +ALSO MEMBER OF D.C. BAR - ALSO MEMBER OF DE BAR BY TELEFAX/FIRST CLASS MAIL Robin J. Marzella, Esquire y R.J. MARZELLA & ASSOCIATES, P.C. Y 3513 North Front Street Harrisburg, PA 17110 RE: Heather Miller v. Harry P. Meyers, D.D.S. CCP, Cumberland County, No. 205-2668 Civil Our File Number: Z130-00153 Dear Ms. Marzella: Direct E-Mail: ggittleman@naulty. com Pursuant to the telephone calls to your office, as well as my correspondence dated 11/27/06, and because the discovery deadline in this matter is February 28, 2006, I have now scheduled the deposition of your client, Heather Miller, and her mother, Lori Miller, for Monday, December 11, 2006, at 11:00 a.m., at Sargent's Court Reporting Service, 415 Market Street Harrisburg, PA. Enclosed is a Notice of Deposition to that effect. Very truly yours, NAULT SCARIG & McDEVITT, LLC GARY V. I , GVG/mk Enclosure bcc: Lynn Herling, Senior Claim Supv. - OMS#606616 Harry P. Meyers, D.D.S. F ILE NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center. Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER 610 Lewisbery Road New Cumberland, P A 17070 V. i HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP 220 Cumberland Parkway Mechanicsburg, PA `17055 ATTORNEY FOR DEFENDANTS Harry P. Meyers, D.D.S. Central PA Oral & Maxillofacial Surgeons, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 Civil NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION TO: ROBIN J. MARZELLA, ESQUIRE Please take notice that the undersigned will take the testimony, on oral examination of HEATHER MILLER, and LORI MILLER, pursuant to the Rules of Civil Procedure, before a Notary Public or other person authorized to administer oaths, on Monday, December 11, 2006, beginning at 11:00 a.m., and thereafter from day to day as the taking of the deposition may be adjourned at the offices of SARGENT'S COURT REPORTING SERVICE, INC., Amtrak Train Station, 415 Market Street, Suite 302, Harrisburg, PA 17110, which time and place you are notified to appear and take part in the examination as you may be advised and as shall be fit and proper. NAUL CARIC & McDEVITT, LLC. 41.1 BY: GARY V. G=EMAN, ESQUIRE Attorney for Defendants, Harry P. Meyers, D.D.S. & Central PA Oral and Maxillofacial Surgeons, LLP DATED: November 29, 2006 cc: Sargent's Court Reporting Service, Inc. EXHIBIT "C" RJMARZELLA ARZE'LLA VjL &-r /-\550C I ATE -S Attorneys & Counselors At Law Fax:7172346883 Nov 30 2006 12:34 P. 01 3513 NoizTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110 717.234.7828 688.838.3426 717.234.6883 FAX November 30, 2006 Via Us.NAIL& FAX(215) 568-2077 Crary Crittleman, Esquire Naulty Scaricam,azza & McDevitt Suite 750 1617 John? F. Kennedy Blvd_ Philadelphia, PA 19103 RE: . HEATHER MILLER v. HARRY P. MMRS, DDS, ET AL. Dear Attorney Gittleman:- l am writing this letter to provide you with available dates for deposing Plaintiff i Heather Miller. Available dates include: the afternoon of January 22; any time on January 23, 29-, 25, and 26. Accordingly, Plaintiff will not be available on December-11, 2006 as proposed in your letter dated November 29, 2006: 1 would propose that we schedule Defendant Meyers & the depositions of all office personnel who were involved in the care and treatment of Heather Miller during the same week. Thank you in advance for your anticipated cooperation, RJM/NM Very l-uly yours, a ?, ?? ?? ? r ?-. - ,:. s? ? ? -? r ? ?% -_)? ? , t. a -; - ?; ? i?3 _ a ? :-? ??? " ? .? HEATHER MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, Defendants CIVIL ACTION - LAW NO. 05-2668 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of December, 2006, upon consideration of Defendants Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons' Motion To Compel the Deposition of Plaintiff, Heather Miller, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Robin J. Marzella, Esq. 3513 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Gary V. Gittleman, Esq. Thomas A. McCormack, Esq. 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 Attorneys for Defendannts J. Wesley Oler, r., J. ?S :rc -1 81 :? Hid L- 330 900Z 3'Hi do R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 2347828 Facsimile: (717) 2346883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants DOCKET NO. 2005-2668 civil MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPSONSE TO DEFENDANT'S MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF, HEATHER MILLER 1. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 2. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 2005-2668 civil 3. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 4. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 5. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 6. Admitted. It is specifically admitted that Plaintiffs counsel has provided 3 weeks of dates to which Defendant can take the deposition of Heather Miller, including the weeks of January 8th, 15th, and 22nd. In the interim, Heather Miller's deposition has been scheduled for January 11, 2007. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 7. Denied. It is hereby specifically denied that Plaintiff did not provide any dates of availability to Defense Counsel. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 8. Admitted. By way of further response, Heather Miller's Deposition is ')nns_')r,AR rnril scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 9. Plaintiff lacks sufficient information to either deny or admit the instant allegation. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 10. Denied. It is specifically denied that even if Undersigned Counsel is available during the week of January 22"d, 2007, this is too close to the discovery deadline of February 28, 2007. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 11. Admitted. Byway of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 12. This allegation contains a conclusion of law to which no response is required. Byway of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 13. Admitted. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 2005-2668 civil 14. Denied. It is specifically denied that Plaintiff continues to avoid presenting herself for her deposition. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). 15. Denied. It is specifically denied that Defense Counsel sought Plaintiffs concurrence prior to filing the instant Motion to Compel. By way of further response, Heather Miller's Deposition is scheduled for January 11, 2007; thereby, rendering Defendant's instant motion moot. (Please see Notice of Deposition attached hereto as Exhibit A). WHEREFORE, Plaintiff, Heather Miller, respectfully request this Honorable Court deny Defendant's Motion to Compel as being moot as the deposition of Heather Miller has been scheduled for January 11, 2007, making said motion irrelevant and moot. DATED /Y- a f R. J. MARZELLA & AssoclATEs, P.C. Ro IN j, MARZELLA, UIRE I.D. No. 66856 3513 NORTH FRONT STREET HARRISBURG, PA 17110-1438 (717) 234-7828 2005-2668 civil EXHIBIT A NAULTY, SCARICAMAZZA & MCDEVITT, LLC. BY: GARY V. GITTLEMAN, ESQUIRE Identification Number: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, PA 19103 (215) 568-5116 HEATHER MILLER 610 Lewisbery Road New Cumberland, P A 17070 V. HARRY P. MEYERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP 220 Cumberland Parkway Mechanicsburg, PA 17055 ATTORNEY FOR DEFENDANTS Harry P. Meyers, D.D.S. Central PA Oral & Maxillofacial Surgeons, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 Civil NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION TO: ROBIN J. MARZELLA, ESQUIRE Please take notice that the undersigned will take the testimony, on oral examination of HEATHER MILLER, pursuant to the Rules of Civil Procedure, before a Notary Public or other person authorized to administer oaths, on Thursday, January 11, 2007, beginning at 10:00 a.m., and thereafter from day to day as the taking of the deposition may be adjourned at the offices of R.J. MARZELLA & ASSOCIATES, P.C., 3513 North Front Street, Harrisburg, PA 17110, which time and place you are notified to appear and take part in the examination as you may be advised and as shall be fit and proper. NAULTY/ySOARIC i J cl-)EVI=, LLC. BY: tl"'I " ' - - ' - `" - vim.-.-- G Y G E AN, ESQUIRE Attorney for De nd ts, Harry P. Meyers, D.D.S. & CENTRAL PA RAL & MAMLLOFACIAL SURGEONS, LLP DATED: December 13, 2006 cc: Sargent's Court Reporting Services CERTIFICATE OF SERVICE 1, Nathan W. Ramsey, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 27th Day of December, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTLEMAN, ESQUIRE NAULTY, ScARIcAMAzzA, & MCDEvITT 1617 JOHN F. KENNEDY BLVD. SUITE 750 PHILADELPHIA, PA 19103 R. J. MARZELLA & ASSOCIATES, P.C. By: NATHA , LAw CLERK R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile: (717) 234-6883 _? - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED STIPULATION TO EXTEND DISCOVERY DEADLINE 1. All Depositions to be completed by June 28, 2007 2. Plaintiffs expert reports by August 31, 2007 3. Defendants expert reports by October 31, 2007 4. Rebuttal expert reports by November 15, 2007 5. Following November 15, 2007, either counsel may list this case for trial. 2005-2668 civil 01/23/2007 13 20 FAX HJIQAHZtLLA 3513 North Front Street Harrisburg, PA 17110 (Attorlney for: Plaintiff Heather Miller) NAULTY Fax: !1 M4bbdJ PA" V.VFr E . ESQ E " NAuLTY, S , & MCDevrrT. 1617 JOMN . KENNEDY BLVD. SUITE 750 PHrLADELPHIA, PA 19103 (Attorney for: AlI Defendants) 003/003 fih Jan '23 2007 12:31 P.03 Robin_ J ?s a ate Rj. Marzella & As , ,2445 X668 civil CERTIFICATE OF SERVICE 1, Nathan W. Ramsey, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 26th Day of January, 2007, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTLEMAN, ESQUIRE NAULTY, SCARIcAMAzzA, & MCDEviTT 1617 JOHN F. KENNEDY BLVD. SUITE 750 PHILADELPHIA, PA 19103 R. J. MARZELLA & ASSOCIATE By: NATHAN EY, LAW C ERK 0/ . } ,. JAN s s iooi V 't R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 civil 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this 2? s day of j,n o 2_ ?, 20,D 17 , upon consideration of Defendant's and Plaintiffs Stipulation to Extend Discovery Deadlines, it is hereby ORDERED and DECREED that all Depositions be completed by June 28, 2007; Plaintiffs expert reports by August 31, 2007; Defendant's expert reports by October 31, 2007; Rebuttal expert reports by November 15, 2007; and following November 15, 2007, either counsel may list this case for trial. ?._ C'`,z ?-, _ ...,..m s?i°_ '_- C'.: _ ?; ?C. . ?? 1 ,.._ ? Lt- __. ?,? w-^ ?? ??? ????. try ??.v CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEATHER MILLER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-2668 CIVIL -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/23/2007 SG beha of IYI? . G TTLEMAN, ESQ. Attorney for DEFENDANT R1.33 133-H DE11-0689228 12422-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LOCUST LANE DENTAL GROUP MEDICAL, BILLING, AND X-RAY(S) MILLER ORAL SURGERY MEDICAL, BILLING, AND X-RAY(S) TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMAN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/03/2007 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 Any questions regarding this matter, contact MCS on behalf of GARY V. GITTLEMAN, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 191.03 (215) 246-0900 R1.31S 133-H DE02-0361997 12422-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 CIVIL VS. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LOCUST LANE DENTAL GROUP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Group Inc 1601 Market Street, Suite 800 Philadelphi& PA 1910' You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ES ADDRESS: 1617 JFK BOULEVARD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, MAY 8 3 .2007 Deput y JT-' 1 Date:/ eZOU? Seal of the Court 12422-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LOCUST LANE DENTAL GROUP 5525 LOCUST LANE HARRISBURG, PA RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEATHER MILLER Social Security #: XXX-XX-5129 Date of Birth: 06-25-1983 R1.31S 133-H SU10-0683570 12422-L07 IN THE MATTER OF: HEATHER MILLER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GARY V. GITTLEMAN, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/23/2007 Vtorney be f,of GITTLEMAN, ESQ.! for DEFENDANT R1.33 133-H DE11-0689229 12422-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPORNA, TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LOCUST LANE DENTAL GROUP MEDICAL, BILLING, AND X-RAY(S) MILLER ORAL SURGERY MEDICAL, BILLING, AND X-RAY(S) TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of GARY V. GITTLEMA.N, 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: 05/03/2007 CC: GARY V. GITTLEMAN, ESQ. - Z130-00153 Any questions regarding this matter, contact MCS on behalf of GARY V. GITTLEMAN, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-31S 133-H DE02-0361997 12422-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (;UMBERLAND HEATHER MILLER File No. 2005-2668 CIVIL. VS. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MILLER ORAL SURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER**** at The MCS Group, Inc 1601 Market Street Suite 800 Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce,the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GARY V. GITTLEMAN. ESO. ADDRESS: 1617 7F_K_ BOIJL,FVARD SUITE 750 PHILADLLPHIA_ PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Ovjl Divisi MAY 2??7 Date: Seal of the Court 12422-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILLER ORAL SURGERY 400 NATIONWIDE DRIVE HARRISBURG, PA 17110 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x--ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : HEATHER MILLER Social Security #: XXX-XX-5129 Date of Birth: 06-25-1983 R1.31S 133-H SU10-0683572 12422-L08 t ? ?? ?..7 - c:1 C .. ._.i il .? ?- "'f? ? ? Y 0.? i --`? n,3 'a ?a C-- 'C R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimiles (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, DOCKET NO. 2005-2668 MEDICAL MALPRACTICE ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ADMINISTRATIVE APPLICATION FOR A STATUS CONFERENCE 1. This is a case wherein Defendant, Harry P. Meyers, DDS., when utilizing conscious sedation for the purpose of wisdom teeth extraction injured Plaintiff, Heather Miller, by causing her respiratory arrest resulting in irreversible brain damage. 2. The procedural history is as follows: Plaintiffs, Heather Miller, commenced a civil action by the filing of a Complaint on or about May 23, 2005, in the Cumberland County Court of Common Pleas. 3. Discovery has been ongoing since the initiation of suit back in 2005. 4. On May 20, 2008, the parties attempted mediation through ADR options, but were unsuccessful in reaching an amicable resolution. 5. As the case nears the end of discovery, the parties seek the assistance of the Court in order to expedite the litigation process. 6. Plaintiff requests a scheduling conference for purposes of setting deadlines for completion of discovery, production of expert reports, and a date certain for trial. WHEREFORE, Plaintiffs respectfully request this Honorable Court to schedule a Status Conference. Respectfully submitted, Dated: R. Robin,PIT4ie'lla, Esquire Attorney ID No. 66856 P.C. CERTIFICATE OF SERVICE I, Cynthia M. von Schlichten, hereby certify that a true and correct copy of the foregoing document Administrative Application for a Status Conference, was served upon all counsel of record this 2e Day of May, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GrrmEMAN, ESQUIRE NAuLTY, SCARICAMAZ7A, & MCDEVITT 1617 JOHN F. KENNEDY BLVD. SUITE 1600 PHILADELPHIA, PA 19103 R. J. MARZELIA & AsSOCIATEs, P.C. n r By: 1 ' nh, Jddd? CY IA M. VON SCHLICHTEN, LAW CLERK C": ?-? _ ?., ? L+J ?.'S ??!?lt .. _ Y^ r '? "i ,?__ ?? ?" ?' -?..? v _ ? ? .. .,?,,I R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 (7171234-0& IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER 610 Lewisberry Road New Cumberland, Pa 17070, Plaintiff, V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants DOCKET NO. 2005-2668 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED AMENDED MOTION FOR ADMINISTRATIVE APPLICATION FOR A STATUS CONFERENCE This is a case wherein Defendant, Harry P. Meyers, DDS., when utilizing conscious sedation for the purpose of wisdom teeth extraction injured Plaintiff, Heather Miller, by causing her respiratory arrest resulting in irreversible brain damage. 2. The procedural history is as follows: Plaintiffs, Heather Miller, commenced a civil action by the filing of a Complaint on or about May 23, 2005, in the Cumberland County Court of Common Pleas. 3. Discovery has been ongoing since the initiation of suit back in 2005. 4. On September 6, 2006, the Honorable Judge Wesley Oler, Jr. ruled on an Administrative Application for a Status Conference in this action. 5. On May 20, 2008, the parties attempted mediation through ADR options, but were unsuccessful in reaching an amicable resolution. 6. As the case nears the end of discovery, the parties seek the assistance of the Court in order to expedite the litigation process. 7. Defense Counsel concurs with this Administrative Application for a Status Conference. 8. Plaintiff requests a scheduling conference for purposes of setting deadlines for completion of discovery, production of expert reports, and a date certain for trial. WHEREFORE, Plaintiffs respectfully request this Honorable Court to schedule a Status Conference. Respectfully submitted, R. I Marzella & Associates, P.C. '..,,.? i cctia, r,Nl Attorney No.66856 Dated: --6-/6 f 7 CERTIFICATE OF SERVICE I, Cynthia M. von Schlichten, hereby certify that a true and correct copy of the foregoing document -Amended Motion for Administrative Application for a Status Conference, was served upon all counsel of record this 10th Day of June 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTLEMAN, ESQUIRE NAULTY, SCARICAMAZZA, & MCDEVITT 1617 JoHN F. KENNEDY BLVD. SUITE 1600 PHILADELPHIA, PA 19103 R. J. MARZELLA & ASSOCIATES, P.C. r By: C PM UM -V SCHLICHTEN, LAW CLERK ? a czti - 3 PH SUN 16 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile. (717) 234_-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 610 Lewisberry Road New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED ORDER ----------------- z? C oun ty Cnu4?se. AND NOW, upon consideration of an Amended Motion for Administrative Application for a Status Conference, a status conference is hereby scheduled for 2008, beginning at - d d o'clock _&.M. in BY THE COURT: ' J. ?'?h e t 8 , Za©? s; IN'VAIASNN;3d AiNn O q 0 :21 Wd S 1 Nnr OGUZ ?,dvio,N(JI'i { 1. cd 3'Hi dG ? 1 v? DISTRIBUTION LEGEND: Robin J. Marzella, Esquire RJ Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Gary Gittleman, Esquire Naulty, Scaricamazza, & McDevitt Suite 1600 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 COP du rn?u L, District Court Administrator Cumberland County 1 Courthouse Square, 3R Carlisle, PA 17013 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Email: rarzella@rjmarzella.com Telephone: (717) 234-7828 Facsimile: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 610 Lewisberry Road New Cumberland, Pa 17070, PROFESSIONAL MEDICAL Plaintiff, MALPRACTICE ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 ; Defendants JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON DEFENDANT, HARRY P. MEYERS, DDS., individually TO: Harry P. Meyers, DDS. c/o Gary T. Gittleman, Esquire NAULTY, SCARICAMAZZA, & McDEVITT 1617 John F. Kennedy Blvd., Suite 1600 Philadelphia, PA 19103 PLEASE TAKE NOTICE that these Interrogatories are addressed to "you" as a party defendant pursuant to the Pennsylvania Rules of Civil Procedure. "You" are required to answer each Interrogatory fully and completely, unless objected to, within thirty (30) days after service of the Interrogatories upon "you" or "your" attorney. "Your" answer shall be in writing, signed by "you" under oath. The answers shall be inserted in the spaces provided in these Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. "Your" answer shall be based upon all information available to "you," either directly or through "your" attorney(s), all employees, agents, servants, representatives, investigators or other sources. "Your" obligation to answer these Interrogatories is continuing, so as to require further and/or supplemental answers from now until the time of trial should "you" learn or have information available to "you" (directly or through "your" attorney(s), employees, agents. servants, representatives, investigators or other sources) that is responsive to the Interrogatories. Further, it is "your" obligation to supplement "your" prior answer(s) with respect to any witnesses having knowledge of discoverable matters, any witnesses whom you intend to call at trial, or if "you" obtain information (or have information available to "you", directly or through "your" attorney(s), employees, agents, servants, representatives, investigators or other sources) upon the basis of which "you" know that a prior answer was incorrect when made or "you" know that a prior answer, though correct when made is no longer true. 2 For purposes of these Interrogatories, the following words when appearing in quotation marks shall have these definitions: (a) Whenever the word "you" or "your" appears herein, and whenever the designation of the party served with these Interrogatories appears herein, such word, designation, person or entity shall be construed to mean not only the party served with these Interrogatories, other person or entity in his, her, its or their own right, but also his, her, its or their agents, servants, workmen, representatives, employees or attorneys. If the defendant to whom these Interrogatories are addressed is not an individual(s), "you" or "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees, and all other persons purporting to act on behalf of it or its predecessors. (b) "The accident" refers to the wisdom teeth extraction with conscious sedation resulting in respiratory arrest and brain damage that, as alleged in Plaintiffs' Complaint, occurred on October 30, 2003. (c) "Identify" or "identity" when referring to a person includes the following information about any such person be provided: (I) Name. (2) Address at the time of the event referred to. (3) Present address and/or last known address. (4) Employer, employer's address, position, job title, and responsibilities at the time of the event referred to. 3 (5) Present and/or last known employer, employer's address, position, job title and responsibilities. (6) Present and/or last known home and employment telephone numbers. (d) If a request to "identify" or relating to the "identity"' of persons would lead to the disclosure of an entity that is not a person (for instance, a corporation, partnership, institution, agency, etc.), the requested "identity" of persons includes the following information about such entity be provided: (1) Name. (2) Address at the time of the event referred to. (3) Present address. (4) Name and job title of the officers and employees involved with the subject matter referred to in the Interrogatory. (e) "Document" includes any paper, writing, letter, advertisement, memorandum, log book, note, article, book, textbook, journal, laboratory record, report, record, study, recording, photograph, videotape, drawing, film, bulletin, statement or any other physical object containing a written, printed or physical image or sound. (f) "Identify" or "identity" when referring to any "document" includes all "documents", even if they are not in "your" possession or control, and includes the request that the following information about such "document" be provided: 4 (1) The nature of the "document" (e.g., letter, memorandum, photograph, statement, etc.). (2) Title or description (and name and date of publication and page number). (3) The date of its creation, preparation or publication. (4) The "identity" of its author, maker or creator. (5) The "identity" of the person(s) to whom the "document" was directed or for whom it was created. (6) The "identity" of the "document's" present custodian. (7) The substance of all information contained in the "document". In lieu of providing the requested information about the "identity" of a "document", to the extent that the "document" itself provides the requested information, "you" may attach the "document" to "your" answers to these Interrogatories, together with such explanatory matter as is necessary for a reasonable understanding of the matters set forth in each "document". (g) The term "describe fully" as used herein shall mean to provide all relevant and material factual information pertaining to the matter about which inquiry is sought. 5 INTERROGATORIES 1. List any and all accounts, whether they are bank, stock, bond, mutual fund, financial, investment, savings or otherwise, in your name and/or the name of Central Pennsylvania Oral and Maxillofacial Surgeons, LLP, from 2001 through and including the present. Specifically, state the location of the account, the name on the account, the identification number of the account, and the present monetary value of the account. 2. Identify any and all accountants, financial planners, financial advisors, and the like whose services you retained from 2001 though and including the present. Specifically, state their complete name, current business address, and current business telephone number. 3. State the address of any and all real property owned by "you" and/or any and all of "your" partnerships from 2001 through and including the present. Specifically, state the Fair Market Value of each parcel of real property as well as the name as it appears on the deed and/or title of ownership. " 4. List any and all personal property owned by "you" and/or any and all of your" partnerships from 2001 through and including the present that has a current independent Fair Market Value in excess of $1,000.00. 5. Did you, or someone on your behalf, ever do a valuation of the partnership assets, either formally or informally, at or near the time of the dissolution of Central Pennsylvania Oral and Maxillofacial Surgeons, LLP (hereinafter, "CPOMS")? If so, please provide the name, address, and telephone number of the person who performed the valuation. 10 6. Please provide the name, address, and telephone number of the accountant/book keeper "CPOMS" used from 2000-2006. 7. Please provide the name, address, and telephone number of the accountant used by you personally from 2006 to the present. Respectfully requested, I & Associates, P.C. ion No. 66856 Da ted: 12 CERTIFICATE OF SERVICE I, Cynthia M. von Schlichten, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 25th Day of June, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTLEMAN, ESQUIRE VAULTY, SCARICAMAZZA, & WDEVITT 1617 JOHN F. KENNEDY BLVD. SUITE 750 PHILADELPHIA, PA 19103 R. J. MARZELLA & ASSOCIATES, P.C. By: C HIA M. VON SCHLICHTEN, LAW CLERK R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Attorney for Harrisburg, PA 17110 Heather Miller Telephone: (717) 234-7828 Facsimile: 17171 34-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HEATHER MILLER DOCKET NO. 2005-2668 610 Lewisberry Road - New Cumberland, Pa 17070, MEDICAL MALPRACTICE Plaintiff, ACTION V. HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEFENDANT, HARRY P. MEYERS, DDS. (SET III) TO: HARRY P. MEYERS, DDS. C/o: GARY GITTLEMAN, ESQUIRE NAULTY, SCARICAMAZZA, & MCDEVITT 1617 JOHN F. KENNEDY BLVD. SUITE 750 PHILADELPHIA, PA 19103 DEFINITIONS Whenever the word "you" or "your" appears herein and whenever the designation of the party served with this Request for Production of Documents appears herein and whenever any person or entity is referred to herein, such word, designation, person or entity shall be construed to mean not only the party served with these Requests, other person or entity in his, her, its or their own right, but also his, her, its or their agents, servants, workmen, representatives, employees or attorneys. If the defendant to whom these Requests are addressed is not an individual(s), "you" or "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees and all other persons purporting to act on behalf of it or its predecessors. For purposes of these Requests, the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster or investigator for the party or the party's insurer. For purposes of these Requests, the word "statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also :includes a stenographic, mechanical, electrical, or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. The term "document" or "documents" refers to writing and printed matter of every kind and description including, but not limited to, checks, bank drafts, invoices, memoranda, photographs and drawings, graphs, charts, telegrams, letters, contracts, diaries, notes, minutes of any board of directors or committee thereof, and records of any event, written or oral communication and recordings (tape, disc or other) of events or oral communications and other data compilations in whatever form from which information may be obtained or translated through human, mechanical or other means into a reasonably usable form, including drafts, copies, transcripts and summaries of any of the foregoing, whether or not within the possession, custody or control of the defendant. As used herein, "document" or "documents" also refers to the originals of the materials listed as well as all copies, reproductions and print-outs of such documents which bear any notations or other alterations not found on the original or differ in form or in substance from the original or if the original is not in the possession, custody or control of the defendant or that of its subsidiaries, affiliates, divisions or other organizational units or their agent(s) or representative(s). DOCUMENTS TO BE PRODUCED 1. Please provide a copy of any reports generated as a result of the valuation of Central Pennsylvania Oral and Maxillofacial Surgeons, LLP. 2. Please provide any and all work papers associated with the dissolution of Central Pennsylvania Oral and Maxillofacial Surgeons, LLP, which became effective on November 15, 2006 including any evaluations, financial projections, analysis, and any written matters associated with the dissolution of the partnership. 3. Please provide copies of all 1065 Partnership Returns that were filed by you and/or Central Pennsylvania Oral and Maxillofacial Surgeons, LLP from 2001 up tj and including the dissolution of Central Pennsylvania Oral and Maxillofacial Surgeons, UP on November 15, 2006. 4. Please provide copies of any and all 1040 tax forms that ,you filed from 2006 to the present. =n J. arzella, Esquire Supreme urt Identification o. 7 66856 Dated: ?? ? CERTIFICATE OF SERVICE I, Cynthia M. von Schlichten, hereby certify that a true and correct copy of the foregoing documents were served upon all counsel of record this 25th Day of June, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: GARY GITTLEMAN, ESQUIRE NAULTY, SCARICAMAZZA, & McDEVITT 1617 JOHN F. KENNEDY BLVD. SUITE 751) PHILADELPHIA, PA 19103 R. J. MARZELLA & ASSOCIATES, P.C. By: CPAAA CYNTHIA M. VON SCHLIL^HTEN, LAW CLERK NAULTY, SC RICAMAZZA & McDEVITT, LLC. BY: GARY V. ITTLEMAN, ESQUIRE Identification umber: 12504 1617 John F. ennedy Boulevard 750 One Penn Center Philadelphia, A 19103 (215) 568-511 HEATHER M V. HARRY P. M YERS, D.D.S. and CENTRAL P NNSYLVANIA ORAL & MAXILLOFA IAL SURGEONS, LLP ATTORNEY FOR DEFENDANTS Harry P. Meyers, D.D.S. Central PA Oral & Maxillofacial Surgeons, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 Civil HARRY P. MEYERS, D.D.S. & CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP'S RESPONSE AND OBJECTIONS TO PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON DR. HARRY MEYERS AND DATED JUNE 25 2008 information or attorney-client shall not cons, respect to suc of Answering proceeding. information or ( Pennsylvania F production of ar other ground fo such inadverter such informatio swering Defendant objects to Plaintiff's Interrogatories to the extent they seek )currents that are protected from disclosure by the attorney-client privilege or the ork product doctrine. Inadvertent production of any such information or document ute a waiver of any privilege or any other ground for objecting to discovery with information or documents, nor shall such inadvertent production waive the right efendant to object to the use of any such information or documents in any iswering Defendant objects to Plaintiff's Interrogatories to the extent they seek ocuments that are materials protected from disclosure by Rule 4003.5 of the ules of Civil Procedure, or otherwise protected from disclosure. Inadvertent y such information or document shall not constitute a waiver of any privilege or any objecting to discovery with respect to such information or documents, nor shall t production waive the right of Answering Defendants to object to the use of any r or documents in any proceeding. ?A SPECIFIC RESPONSE/OBJECTIONS INTERROGATORIES DATED JUNE 25. 2008 1. Objection. Answering Defendant objects to this interrogatory as untimely, overly broad, unduly burdensome, improper, requesting privileged information, requesting work product, not reasonably calculated to lead to discoverable information and requesting information beyond the scope permitted by the Pennsylvania Rules of Civil Procedure. By way of further response, this interrogatory is objected to at Plaintiff is improperly requesting information on the personal assets of the Defendants. 2. P aintiff is directed to refer to the response and objections to Interrogatory No. 1. 3. P aintiff is directed to refer to the response and objections to Interrogatory No. 1. 4. P aintiff is directed to refer to the response and objections to Interrogatory No. 1. 5. P aintiff is directed to refer to the response and objections to Interrogatory No. 1. 6. P aintiff is directed to refer to the response and objections to Interrogatory No. 1. 7 Plaintiff is directed to refer to the response and objections to Interrogatory No. 1. NAU Y, SCARICAMAZZA & WDEVITT, LLC. BY: A-"\? GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. & Central Pa Oral & Maxillofacial Surgeons, LLP DATE: 71.2 111A -- 2 -- NAU LTY, SCA BY: GARY % THOMA Identification 1617 John F. 1 750 One Penn Philadelphia, 1 (215) 568-511( ZICAMAZZA & McDEVITT, LLC. GITTLEMAN, ESQUIRE A. McCORMACK, ESQUIRE umber: 12504178468 ennedy Boulevard Center A 19103 HEATHER MI V. HARRY P. M YERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFA IAL SURGEONS ATTORNEYS FOR DEFENDANTS Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Response and (objections to Plaintiff's Interrogatories Directed to Dr. Harry Meyers dated June 25, 2008 was made this date, to all parties named below by first class mail, postage prepaid. Robin J. Marzella, Esquire R.J. MARZELLA & ASSOC., P.C. 3513 North Front Street Harrisburg, PA 17110 NA F, SCARICAMAZZA & McDEVITT, LLC By: - ? /I--,' G RY V. GITTLE AN, ESQUIRE THOMAS A. McCORMACk, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons Dated: 7/; ? 16k C"? t-:? -" ?:? ? ?--:' -1°? .? ,?^ ?-t ?- t , _ } . _ -r i? ,== ?? ?;?? J ?. 1='... . k ... ? _. ?. C :? ?.? NAULTY, SCA ICAMAZZA & McDEVITT, LLC. BY: GARY V. ITTLEMAN, ESQUIRE Identification umber: 12504 1617 John F. Kennedy Boulevard 750 One Penn Center Philadelphia, A 19103 (215) 568-5116 HEATHER MI LER V. HARRY P. M YERS, D.D.S. and CENTRAL PENNSYLVANIA ORAL & MAXILLOFA IAL SURGEONS, LLP ATTORNEY FOR DEFENDANTS Harry P. Meyers, D.D.S. Central PA Oral & Maxillofacial Surgeons, LLP COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2005-2668 Civil HARRY P. MEYERS, D.D.S. & CENTRAL PENNSYLVANIA ORAL & MAXILLOFACIAL SURGEONS, LLP'S RESPONSE AND OBJECTIONS T PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. A swering Defendant objects to Plaintiff's Request for Documents to the extent they seek informatio or documents that are protected from disclosure by the attorney-client privilege or the attorney client work product doctrine. Inadvertent production of any such information or document shall not constitute a waiver of any privilege or any other ground for objecting to discovery with respect to such information or documents, nor shall such inadvertent production waive the right of Answering Defendant to object to the use of any such information or documents in any proceedi g. 2. Answering Defendant objects to Plaintiff's Request for Documents to the extent they seek information or documents that are materials protected from disclosure by Rule 4003.5 of the Pennsylvania ules of Civil Procedure, or otherwise protected from disclosure. Inadvertent production of a y such information or document shall not constitute a waiver of any privilege or any other ground for objecting to discovery with respect to such information or documents, nor shall such inadvertent production waive the right of Answering Defendants to object to the use of any such informatio or documents in any proceeding. 1. unduly burder reasonably ca scope permitti request is obje Defendants. 2 3. 4 ection. Answering Defendant objects to this request as untimely, overly broad, me, improper, requesting privileged information, requesting work product, not lated to lead to discoverable information and requesting information beyond the by the Pennsylvania Rules of Civil Procedure. By way of further response, this .d to at Plaintiff is improperly requesting information on the personal assets of the is directed to refer to the response and objections to Request No. 1. ntiff is directed to refer to the response and objections to Request No. 1. ntiff is directed to refer to the response and objections to Request No. 1. NAUL , SCARICAMAZZA & McDEVITT, LLC. 13Y: GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACK, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. & Central Pa Oral & Maxillofacial Surgeons, LLP DATE: 7 la 16% -- 2 -- NAULTY, SCA ICAMAZZA & McDEVITT, LLC. BY: GARY . GITTLEMAN, ESQUIRE THOMA A. McCORMACK, ESQUIRE Identification umber: 12504/78468 1617 John F. ennedy Boulevard 750 One Penn Center Philadelphia, A 19103 (215) 568-511 HEATHER MI V. HARRY P. ME CENTRAL PE MAXILLOFA( The und, Response and III) was made tl ATTORNEYS FOR DEFENDANTS Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons COURT OF COMMON PLEAS CUMBERLAND COUNTY ERS, D.D.S. and NSYLVANIA ORAL & NO. 2005-2668 CIVIL kL SURGEONS CERTIFICATE OF SERVICE ned hereby certifies that a true and correct copy of the foregoing Defendant's ns to Plaintiff's Request for Documents directed to Dr. Harry Meyers (Set date, to all parties named below by first class mail, postage prepaid. Robin J. Marzella, Esquire R.J. MARZELLA & ASSOC., P.C. 3513 North Front Street Harrisburg, PA 17110 NAULTY, SCARICAMAZZA & McDEVITT, LLC By: / GARY V. GITTLEMAN, ESQUIRE THOMAS A. McCORMACk, ESQUIRE Attorneys for Defendants, Harry P. Meyers, D.D.S. and Central Pennsylvania Oral & Maxillofacial Surgeons i Dated: 74 69 ?..., hT f®:a '?.? °?a "1`1 r ?--1 ?;: _ i'1 M.) ?3 ?5 w.t `. ;;? f? ;; ;_ ? ? ?.:.? k '- HEATHER MILLER 610 Lewisberry Road New Cumberland, PA 17070,: Plaintiff v HARRY P. MEYERS, DDS. and CENTRAL PENNSYLVANIA ORAL AND MAXILLOFACIAL SURGEONS, LLP. 220 Cumberland Parkway Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEDICAL MALPRACTICE ACTION 2005-2668 CIVIL TERM JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 30th day of July, 2008, upon consideration of Plaintiff's Motion for Administrative Application for a Status Conference (as amended), and following a status conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Robin J. Marzella, Esquire, assisted by Cynthia M. Von Schlichten, and in which Defendants were represented by Gary V. Gittleman, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. On or before August 15, 2008, counsel shall exchange a list of all witnesses whom they intend to call at trial in this case; and 2. It is anticipated that counsel will be listing this case for trial in early 2009, and they will be speaking with the Court Administrator as to the possibility of securing a priority listing, it being anticipated that this case may last for 2 weeks. By the Court, D - ?V/" J. Wesley O r, Jr., J. ?,, ?I c? C= C i C.) 1 t `,*. Robin J. Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 For Plaintiff ? Gary V. Gittleman, Esquire Naulty, Scaricamazza & McDevitt 1617 John F. Kennedy Blvd. Suite 1600 Philadelphia, PA 19103 For Defendants Court Administrator mae (26FI ju mz.j?IJECJL -7/21/018 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-2668 CIVIL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of THOMAS MCCORMACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/07/2008 MCS on behalf offyyy-C&W1;64 /11V "M&fflab THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT R1.79 118-H DE11-0765827 12422 -L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LIMITED TOO,INC. EMPLOYMENT KATHRYN M. FRANTZ, M.D. MEDICAL, BILLING, AND X-RAY(S) INTERNAL REVENUE SERVICE I.R.S. RECORDS TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS MCCORMACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2008 CC: THOMAS MCCORMACK, ESQ. - Z130-00153 Any questions regarding this matter, contact ROBIN J MARZELLA, ESQ. 3513 NORTH FRONT STREET HARRISBURG, PA 17110 MCS on behalf of THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.64S 116-H DE02-0398617 12422-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER VS. File No. _ 2005-2668 CIVIL. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LIMITED TOO IN . (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 ATTA RD DER **** at The MCS Groun Inc, 1601 M Im Street , Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS MCCORMA ESO ADDRESS: 1617 JFK BO lI .V R _SUTTE 750 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: AUG 0 7 7.008 Date: 7llslw Seal of the Court A/ / Prothonotary/Clerk, Civil Division uty 12422-09 EXPLANATION OF REQUIRED RECORDS TO CUSTODIAN OF RECORDS FOR: LIMITED TOO,INC. 3432 PAXTON ST. SPACE 4DA HARRISBURG, PA 17111 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 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: from: 02-01-2006 to the present. Subject : HEATHER MILLER Social Security #: XXB-XX-5129 Date of Birth: 06-25-1983 R1-64S 116-H SU10-0743206 12422 -LO9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS - COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LIMITED TOO,INC. EMPLOYMENT KATHRYN M. FRANTZ, M.D. MEDICAL, BILLING, AND X-RAY(S) INTERNAL REVENUE SERVICE I.R.S. RECORDS TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS MCCORMACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2008 MCS on behalf of THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT CC: THOMAS MCCORMACK, ESQ. - Z130-00153 Any questions regarding this matter, contact ROBIN J MARZELLA, ESQ. 3513 NORTH FRONT STREET HARRISBURG, PA 17110 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.64S 116-H DR02-0398617 12422-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 CIVIL VS. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KATHRYN M. FRANTZ, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:_ **** SEE ATTACHED RIDER **** at The MC Group, Inc.- 1601 Market Street, Suite 800. Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS MCCORMACIC ESQ. ADDRESS: 1617 JFK BO V R SUITE 750 PHTLAD ..p A_ PA 19103 TELEPHONE: (25.) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: BY THE COURT: / AUG 0. 7 2008 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KATHRYN M. FRANTZ, M.D. 890 POPLAR CHURCH ROAD INTERNAL MEDICINE CAMP HILL, PA 17011 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING IN/OUT PATIENT RECORDS,LAB,CHARTS,MRI'S & DIAGNOSTIC STUDIES FOR PRE AND POST ACCIDENT Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 07-01-2006 to the present. Subject : HEATHER MILLER Social Security #: %BB-XX-5129 Date of Birth: 06-25-1983 R1.79 118-H SU10-0743324 12422 -L10 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: HEATHER MILLER -VS- HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & MAXILLOFACIAL SURGEONS,LLP COURT OF COMMON PLEAS TERM, CASE NO: 2005-2668 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LIMITED TOO,INC. EMPLOYMENT KATHRYN M. FRANTZ, M.D. MEDICAL, BILLING, AND X-RAY(S) INTERNAL REVENUE SERVICE I.R.S. RECORDS TO: ROBIN J MARZELLA, ESQ., PLAINTIFF COUNSEL MCS on behalf of THOMAS MCCORMACK, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/16/2008 CC: THOMAS MCCORMACK, ESQ. - Z130-00153 Any questions regarding this matter, contact ROBIN J MARZELLA, ESQ. 3513 NORTH FRONT STREET HARRISBURG, PA 17110 MCS on behalf of THOMAS MCCORMACK, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.64S 116-H DE02-0398617 12422 -CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HEATHER MILLER File No. 2005-2668 CIVIL VS. HARRY P. MEYERS,D.D.S.,CENTRAL PA ORAL & SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INTERN T REVENEM SERVICE (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 Gm= Inc 1601 Market 4tree Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS MCCORMACK. ESO ADDRESS: 1617 7FK BOLTT_:EV:AR SUITE 750 PHILADELPHIA, PA 19103 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant AUG @ 7 2008 Date: 711-?Xd? Seal of the Court 12422-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INTERNAL REVENUE SERVICE 333 WEST PERSHING RD MS 6705-RAIVES TEAM KANSAS CITY- MO 64108 RE: 12422 HEATHER MILLER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. TAX RETURNS Dates Requested: from: 01-01-2006 to 12-31-2007. Subject : HEATHER MILLER Social Security #: 159-64-5129 Date of Birth: 06-25-1983 R1.64S 116-H SU10-0743210 12422 -L11 r fill (David 1D. Bueff Prothonotary KirkS. Sohonage, ESQ Soricitor 7750 Renee X. Simpson `? 1st Deputy Prothonotary Irene E. Morrow 2n- Deputy Prothonotary Office of the (Prothonotary Cumberfand County, Tennsy(vania OJ --21los-CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 CarCisCe, PA 17013 0 (717)240-6195 * Ta( (717 240-6573